View of the parking lot instead of a view of the sea, with fewer beds than expected or without the equipment advertised… Once there, disappointments are not rare. Maître Elsa Raitberger, specialized in consumer law, explains the possible remedies.
Each year, booking your vacation certainly brings stress, but also a good dose of happiness to future vacationers. In general, once the reservation is confirmed, people already imagine themselves enjoying their rental and all its advantages. Obviously, given the budget allocated, some people have some expectations and rightly so. But sometimes, between the published announcement and the reality, there is a vast gap. You may have already experienced it one day: you paid for a vacation rental, which seemed perfect in the photos and in the description, but once you arrive there, it’s disillusionment, it doesn’t really correspond to the ‘announcement. Lack of beds, equipment, smaller surface area than expected, view of a parking lot rather than the sea, interior of the accommodation in poor condition… Unfortunately, there can be a whole bunch of disappointments.
In this type of situation, can we get a refund if our vacation rental is not exactly as advertised? According to Maître Elsa Raitberger, lawyer at the Paris bar, the consumer has several possible recourses against a hotel professional who has tried to deceive him. In most cases, for an unsuitable view from the balcony for example, the hotel service seeks above all to satisfy the customer by offering to change rooms or upgrade them. But the customer can also “obtain a refund based on the extent of the non-compliance involved”, explains Master Elsa Raitberger. Thus, the reimbursement amount will not be the same if it is a missing swimming pool or a false address given for the rental.
The first step to take, and which is essential if you want to win your case, is part of a classic amicable appeal. “The consumer must send a letter of formal notice to the owner or lessor of the rental by registered mail”, explains the lawyer. If you have made a reservation on a vacation rental platform, the letter must be addressed “to your main contact, to the person who posts the ad online”, she adds. In this case, it is the platform that you must contact.
In this official letter, it is essential to prove that the accommodation does not conform to the description of the advertisement. You can add photos, but usually they are not sufficient proof. If you consider that the damage is worth it, you must then call a bailiff who will note the shortcomings. If the owner does not respond, you can also request the intervention of a mediator or conciliator, who will be responsible for supporting both parties to find an amicable solution. “It is also an obligation, if your damage is less than 5,000 euros, you must go through a mediator”, underlines Maître Elsa Raitberger. And in case you cannot reach an amicable settlement, you can go to court. But again, one must ask whether the dispute is important enough to spend a certain amount on legal costs.