Can a hotel cancel a confirmed reservation?
I booked a hotel a yesterday though Booking.com for a special occasion in Barcelona (I'm traveling from another European country). The booking isn't for another few months.
The booking includes:
Free Cancellation
Pay at the hotel
Confirm booking with Credit Card
The hotel confirmed the booking this morning, and then a few hours later submitted this message though the booking.com website to raise the rate by around €40/night (If I try to book it again from Booking.com the price is around 265€/night and they are now offering the hotel at 165€/night)
Message:
Dear XXXXXXX,
We contact you in reference to your reservation, made in the last few hours, at the Hotel XXXXXXXXX. Unfortunately we have to inform you that there has been a serious human error and therefore the rate of your reservation does not match to this hotel category. Due to this situation, we would like to offer you the possibility to cancel your reservation, obviously without any cost, or to reconfirm your reservation at the special rate of EUR 165 per night / room VAT included. We appreciate your understanding and cooperation in these circumstances and we ask you to accept our sincere apologies, hoping not to cause any inconvenience. We are waiting for you to indicate which of the two alternatives offered is of your greatest convenience.
Sincerely,
XXXXXXXXXXX
Do I need to accept their new terms of the booking, accepting their new price/cancel or am I entitled to keep the original price?
I wouldn't want to arrive there with a sour taste in my mouth, or for them to cancel the booking last minute with no recourse, while I had originally budgeted €140/night, we want the trip to be special with no issues.
Thanks for the feedback everyone, just to keep you updated:
I've received the following mail from Booking.com (Previously the same details from the hotel itself)
Message from Booking.com:
Dear XXXXXXXX,
My name is XXXXXXXX from Booking.com and I had the pleasure of working on your reservation today. I attempted to reach out via phone but unfortunately we were unable to connect.
I tried calling you to discuss an error in the rates for your booking with XXXXXXXX(Hotel), but was unable to reach you.
Booking.com sent an email a couple days ago regarding your reservation. Since there has been no reply, I just wanted to follow up again and see if you had received our email. If not, the information from the original email is below:
The actual rate for XXXXXXXX(Hotel) is 660 EUR VAT included, and not 495.84 EUR as mentioned in your booking confirmation.
I am sorry for any inconvenience this situation may cause however, the property would like to offer you a free upgrade to a better room category, if available at check in, and they will offer a discount of 50% for breakfast.
Please reply to this email and let us know as soon as possible if you accept this offer or want to cancel your booking free of charge. If you have any questions or concerns, just let us know.
We look forward to hearing from you.
-- XXXXXXXX XXXXX Booking.com Customer Service Team
Best Answer
The booking.com terms and conditions state, in part:
Obvious errors and mistakes (including misprints) are not binding.
All special offers and promotions are marked as such. If they are not labeled as such, you cannot derive any rights in the event of obvious errors or mistakes.
You didn't say what the price was that you paid or whether it was marked as a special offer or promotion, so it's impossible for us to say whether this alleged pricing error was "obvious" or not. But you should still consider contacting booking.com anyway. In no event should you contact the hotel before exhausting your options with booking.com.
Pictures about "Can a hotel cancel a confirmed reservation?"
Do I get a refund if the hotel cancels my reservation?
"The hotel has the legal right to keep the money," she says. "But I've found that if you have a reasonable excuse for canceling the room, most places will offer you a refund without you even having to ask." I agree. "Prepaid" rooms and nonrefundable rates are not customer-friendly.Does a hotel have to honor a reservation?
Legally speaking, you aren't entitled to much if a hotel fails to honor your reservation. Hotels can and do cancel \u201cconfirmed\u201d reservations whenever they want.Can you cancel a confirmed reservation?
If you make a booking in advance and are told in advance that the hotel won't be able to honor it, you're sort of out of luck, at least in terms of your legal and contractual rights. There are no laws protecting you, and also the hotel policies for walking guests typically don't apply under these circumstances.What is a confirmed reservation hotels?
A confirmed reservation means that you have not yet paid, but the hotel agrees to hold a room for you based on some condition. For example, in a typical confirmed reservation, the hotel may agree to "hold the room for you until 8 p.m." on a specific day.hotel reservation cancellation of confirmed reservation
More answers regarding can a hotel cancel a confirmed reservation?
Answer 2
According to this page by the Barcelona City Council's Municipal Consumer Information Office (OMIC), the first thing you should do is contact the business to try to mediate the complaint. If they don't give you a resolution within 30 days, you can lodge a complaint with them.
The relevant quote from the page:
We remind you, in accordance with Decree 98/2014 of 8 July, on mediation procedures for consumer relations, that the first thing you must always do is contact the company you have the problem with directly, so that you have evidence of your claim or complaint. Once you have raised your claim or complaint with the company, it has a deadline of 30 days to reply to you. If it does not reply or the reply is not satisfactory, you may submit a claim or complaint with OMIC for us to study and process.
Only Barcelona City Council's Municipal Consumer Information Office (OMIC) is authorised to handle consumer affairs, and when the consumer or the company the claim or complaint is against belong to this municipality.
Answer 3
This should have been a comment but I am forced to expand. I am not 100% sure because IANL and I don't have track of Spanish and European laws, but I am familiar with most principles.
Basically, Europe protects consumer as they are in the weakest position. You have likely booked all your transports and entertainment for your trip, so you might suffer extensive damage by such a significant price change.
E.g.
- The new price has significant impact over your budget
- If you choose to cancel, you will lose significant amounts of money already booked for other expenditures as mentioned above
- If you choose to look for another hotel, you might not easily find another good deal
From your description, the hotel made a mistake and admitted the fault, but is refusing to honour what looks to me a regular contract.
This all looks to me like an "Unfair treatment". That page shows examples of unfair treatments but none fall into your exact case.
What you can do
More than complaining with the hotel citing European regulations (what rule? I am no lawyer, sorry), if the situation gets worse and the hotel refuses to accommodate, you should be eligible to get assistance from Spanish consumer protection associations (e.g. ECCES, I am not associated with them).
Normally, a lawyer will find the rule applying to your case and prepare a formal warning letter to the hotel. The hotel is likely to accept to accommodate to avoid expensive litigation costs.
Of course, anyone here on Travel SE who has legal information on the exact rule codes can provide feedback in an answer here, so you can write your own complaint letter.
Edit
If the hotel hadn't yet confirmed your booking, chances might be that they could cancel your booking. A confirmed reservation is a contract at all effects.
I don't have direct experience in hospitality laws, but consider travel rules as example. Train and air lines are obligated to guarantee the travel to the passenger at the cost of bringing him/her with another carrier and sustain all the costs. The same principle should apply to hotels.
Some jurisdictions allow unilateral change of price only within specific sectors, bounds and conditions. But that's a bit out of scope.
Edit 2 - About legal actions
I would also suggest the following actions. None will likely help you get the deal price again, but they will all help the community, i.e. the next traveler.
- First and foremost, I would report the case to Booking.com. It might be a human error happened only once, but if the hotel is systematically inputting wrong bait prices, reports from multiple travelers will help the staff act accordingly
- Reporting the case to a Consumer Association/Bureau is always free. They collect aggregate reports from consumers and could sometimes provide free letter templates to legally
threaten
the hotel when they are blatantly according illegally - According to the above, even if YANL (You Are No Lawyer), it is possible for you to write an official letter as an attempt to settle the case. The hotel may settle or ignore
- Ultimately, reporting such cases to the Spanish Antitrust Authority is free. You should expect them not to act on your report but to collect aggregate reports and start investigations once a number of similar cases are reported to them. We consumers should do our civic duty when similar case happen.
Again, have a nice trip
Answer 4
I have been told by hotels that my reservation conflicts with planned construction work, or the room just isn't available, and in these cases they've arranged some nearby alternative hotel. Here, clearly, the room is available, and they just regret offering it for the particular price. And not a decimal-point error where they offered a $300 room for $30 or $3; this "error" is within the price spread that hotel rooms might realistically be discounted.
If it is an honest error, it's a serious incompetence with online sales, coupled with a very stingy management attitude. It has all the hallmarks of a "bait and switch" tactic, in which a good is advertised at a price, but once the customer is "in the store" they're told that good is not available (at that price) and steered toward a pricier option. "Bait and switch" is a very well-recognized term in US and Canada consumer law; I can't guess if the equivalent exists elsewhere.
I agree with the others that a complaint to the local business regulator is in order. My own response would be to prefer another hotel, if a reasonable alternative is available. If this hotel is still preferable, you might write back with "I'm very disappointed that you've chosen not honour the reasonable price at which your rooms were advertised, and which I reserved in good faith. I would hope that you'd reconsider and honour this reservation as booked. If not, you may consider this reservation abandoned."
Answer 5
It's funny you mention this, because I've had the exact same issue with Booking.com in my most recent (and only) booking with them. The accommodations in question decided after I'd paid that they actually intended to reserve the rooms for a wedding party. "Oops." I also note that the letter you received sounds suspiciously like a form letter...
Booking.com officially claims they are merely a matchmaker and do not guarantee anything, however in my case I was able to get them to give me another reservation at a different hotel nearby for the same price I'd originally paid. It took some back and forth--at first they wanted to put me in a hotel 20 minutes farther away from the event I'm attending than the original booking was--but I eventually managed to get them to make it right. (Supposedly, that is; they've had me pay upfront and won't reimburse me the difference in price until after my stay, so we'll see if that's another huge fight. Keep your receipts.)
At the end of the day, I don't see a way you can force the original hotel to honor the deal, but if you get Booking.com involved they may be able to help you. I would start there.
Answer 6
It may be that the agency you booked through (Booking.com?) is the one that erred. IF that is the case, they are responsible for fixing it. If the reservation made it to the hotel, and the hotel accepted it, they are on the hook for it.
I worked Customer Service for a major hotel chain for 8 years. Hotels overbook the number of rooms, expecting cancellations. Occasionally, it did happen when guests would show up and the hotel was simply overbooked. In that event, it was our chain's policy to "Walk" the customer by obtaining a room for them in a nearby hotel and comping the night. For the loyalty club members they frequently went a step further and gave them additional points, or other benefits.
Bottom line is that they CAN do it but if they expect to stay in business long they'll try to make it right for the customer. I would advise to contact the hotel's corporate offices.
Answer 7
Just report it to booking!
Sometimes hotels make mistakes, sometimes the company they're working with. I'm sure booking will offer you a good solution. I've had good experience with them. Either you get a coupon/reduced price somewhere else, or they'll pay the difference at a similar hotel. A good solution is in everyone's interest, just let them know about this!
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