jgombos

A friend paid cash to a Dutch travel agency for a Barcelona vacation package. Hotel Ramblas was part of it. I won't get into all the quality issues, other than to say this was a humid ghetto quality hotel that managed to get 3 stars.

AFAIK, the hotel did not do anything to violate their contract. We stayed one night and bailed. Spent the other five days at a 3 star hotel a block away that was a world of difference, bordering on luxury, for about 10 euros more.

If the refund were prorated, about €1k would have come back to us. Understandably, there is an early cancellation penalty. That's fair enough assuming the quality and representation issues don't put Hotel Ramblas in any kind of breech of contract.

But it turns out Hotel Ramblas is claiming the penalty is 100%, as per their cancellation policy. The refund for five unused days out of six was zero. The Dutch travel agency is saying they will only refund what they get back from Hotel Ramblas, and Hotel Ramblas is keeping it all.

Is this a legal cancellation policy in Spain?

missile

I don't know about legal, but you could look up the hotel on line and see if there is any mention of a cancellation policy.

jgombos

Their site ( www.ramblashoteles.com ) doesn't publish any policies. Just a photo gallery that does an amazing job of misrepresenting the quality.

missile

WARNING: Avira reports a trojan virus on your linked web site

HTML/Crypted.Gen HTML script virus.

Casa Santo Estevo

If you purchased goods in NL then you ahve to abide by their laws., not the Spanish one.

Mookster

If you paid by credit card the card issuer is jointly liable for any refund if the expected level of service wasnt forthcoming. That includes the hotel being below a reasonable standard expected in relation to the fee paid, it matters not if they breached any contract or not if the hotel wasnt to the standard you were led to believe or reasonably could expect for the payment charged.
Alternatively you can chargeback the payment on your card and let them chase you for the correct ammount you should pay.
Depending on the ammount the card issuers generally just issue a refund and write it off.

jgombos

Hotel Ramblas' jurisdiction is exclusively in Spain. When the Dutch travel agency paid Hotel Ramblas in Spain, for service in Spain, the transaction is bound by Spanish statutes.

The cash transaction between my friend and the agency is in Holland. But my question is more concerning the legal obligation of the hotel to the dutch agency. Can a hotel in Spain legally have a cancellation policy that refunds 0 out of 5 unused days?

jgombos

There's no credit card to speak of in this case.

rachelk

What about the agency? Do they have any kind of obligation to ensure that the accommodation they book for you meets certain minimum stndards?

lynnxa

and he said it himself - the hotel did nothing to violate any contract..............



and as far as the law is concerned in Spain - he should maybe ask a spanish lawyer

Hillybilly

Suggest you post your query on a Spanish legal forum such as http://www.lexjuridica.com/foro/ or http://www.foroderecho.net

cricketman

You've had to bad luck in Barcelona jgombos

Did this happen at the same time as your credit card problem in a tapas restaurant there which you posted a few months ago?

Casa Santo Estevo

Good point cricketman...there have been many fiscal questions posted by the OP.

missile

Did your friend have travel insurance?

lynnxa

and always complaints...............