Consumer rights expert Martyn James explains your rights if your hotel isn’t up to standards – including how you can get your money back if your trip has turned into disaster
Spring is finally upon us! That’s why millions of people are jumping on planes and heading off on holiday, or booking their summer trips abroad. From staycations to foreign vacations, a lot can go wrong with a holiday.
The good news is for the vast majority of people, it’s only a case of overindulgence or sunburn that mars the trip. But if you’re unlucky, you could find yourself facing a terrible travel experience. From bedbugs to bad buffets, all sorts of disasters lie in wait for an unwary traveller.
I’ve just been filming the latest season of Rip Off Britain Holidays (out in April) and we’ve heard some absolute horror stories from viewers. I’ll be covering some of those shockers in future columns. While some situations can’t be avoided, knowing your rights can help save your trip abroad. Here’s my guide on how to avoid holiday hell.
What is a bad holiday?
The problem with ‘bad’ holidays is defining them is subjective. Some people are, well, rather picky and prone to complain about the smallest things. Others – who have valid complaints – often don’t feel able to speak up in the face of nightmare situations.
So the starting point is: have I got what I was promised? When you purchase any part of a holiday, you are entering in to a contract with the provider of the goods or services. As with any contract, if all or part of the deal has been misrepresented then you can ask for some or all of your money back.
This problem can be a dramatic one – like turning up to find that your hotel is only half built. Or relatively minor, like finding out the pool is being repaired and isn’t available.
Holiday disasters
Back in 1972, Carry on Abroad was released and was a box office smash (different times). The plot, which satirised the growing popularity of affordable holiday destinations abroad for people who had never left the UK, is all about a terrible trip to a half built hotel.
Flash forward to 2025 and my inbox is still full of comments from people who have turned up to their very own Carry On nightmare, discovering unfinished hotels or major construction work destroying their holiday plans. These are clear cases of misrepresentation. If your holiday hotel is not as advertised – that includes not finished or missing key services, like restaurants, all-inclusive services or swimming pools and spas – then you can argue that you want a full refund.
However, a word of warning. Don’t suffer in silence. Call the holiday firm that you booked the hotel through and ask them to find you alternative accommodation of a similar standard. This might not be exactly what you booked, but if it’s close enough (or better) you should be able to move without too much difficulty. You can potentially ask for a refund for the days you lost due to the problem – and any downgrades in the booking.
If you booked with the hotel and you’ve clearly been misled, make a formal complaint there and then and ask for your money back. You may want to stay for a night while you try to make alternative arrangements. Your insurer may be able to help you with a few expenses, though not extra money you may have to spend on your new hotel.
Getting your money back
There’s no one set of solutions for holiday complaints and compensation. If the accommodation is genuinely appalling, then you can ask for a full refund. But make sure you register your complaint as soon as you can while at the venue or on the holiday itself.
The challenge here is complaining about a bad holiday is a little bit like having a bad meal at a restaurant. If you’ve eaten the food, you’ve (arguably) got what you paid for even if you didn’t like it. That’s why you need to report the matter as soon as possible. Have a think about whether you want the business to transfer you to a new hotel, or if you want to come home. If you’re willing to tough it out, can you get a refund or an upgrade?
When key components of the holiday are missing, like that pool and spa I mentioned, or a kids club that isn’t available, you can argue that a vital part of the holiday has not been provided. Explain that you booked the holiday specifically so you could take advantage of the facilities or services. Have a think about what you would be willing to accept in terms or a refund or vouchers.
Getting compensation for losses you’ve incurred as a result of misrepresentation from hotels when you’ve booked direct may only be possible by threatening legal action. State your intent to do so before you instruct the lawyers though – they may just back down and you won’t have forked out anything.
Overbookings, errors and gross things
There’s nothing worse than turning up to find that your hotel or apartment is overbooked or worse, you’ve been scammed. The best way to avoid this is to do a bit of planning in advance. Firstly, read the website’s policy on overbooking or dissatisfactory accommodation and save the page and emergency number in your phone.
Most big companies and travel agents will have a policy on getting you in to comparable accommodation should this happen. I always message the hotel or apartment owner before I travel just to confirm the booking arrangements. This is a good way to hammer home key requests, like early check ins, sea views and things like bathtubs or cribs for the room.
A good insurance policy is vital too. Check what your policy covers you for, should a holiday disaster occur along with all policy limits and excess fees. A subject that was much in the media last year was bedbugs. I don’t want to give you the ick, but there are still outbreaks of the pesky critters out there.
If you encounter something is unsafe or unsanitary in your holiday accommodation, report it immediately, request appropriate solutions and medical treatment where appropriate and negotiate a refund or discount depending on the severity of the situation. Don’t forget to fully document and photograph things so you can prove what happened later.
The trouble with apartment booking
One final word of warning. Private apartment bookings are by far the most complained-about holiday horror. Check the online photos thoroughly to see if the facilities mentioned in the text of the advert are all there. Take particular note of the number of bedrooms.
Far too many apartments claim to have two or three bedrooms when one is actually the main living room. Look for different beds in different rooms for apartments that cater for more than two people too. Often the additional beds are sofa beds or camping beds.
Ask questions before booking and look at the reviews – focus on the recent ones as some rentals can go downhill after a few years. I always look for details on the handover and return of keys too as this is a guide to how good your host is. Another thing to watch out for is the location of the property.
Many sites list properties as being ‘300 metres from the centre’. You may find that you’re not 300 meters from the centre of Madrid, but 300 meters from the centre of a suburb nearby. Check out a map online so you know where the main tourist areas are for your destination and cross reference with the details on the booking website.
Finally, watch out for sneaky fraudsters hiding amidst the genuine adverts. The main clue that they are faking holiday accommodation lettings is if they offer you a discount for paying by bank transfer or PayPal’s Friends and Family option. Both these methods of payment cannot generally be recalled if it turns out you’ve been conned as they are direct bank transfers. Only pay by credit or debit card payment or using an e-payment system with a dispute resolution service.
- Martyn James is a leading consumer rights campaigner, TV and radio broadcaster and journalist
