Tag: Accommodation

When Rhiannon Lewin and her friends booked a camping weekend earlier this year, they imagined pitching their tents under the stars in isolation.

The site they booked near Jervis Bay, on New South Wales’ south coast, was advertised as an open paddock close to the beach. There was no running water or electricity, so Rhiannon and her friends thought they’d be roughing it.

But when they arrived, they found the camp site was in someone’s front yard. And instead of beaches, they were surrounded by tents, campervans and a busy road with a shopping centre.

“The advertisement had all sorts of location shots, but nothing of the actual property,” the 23-year-old from Sydney says.

“It had the beaches, the rivers, but then you get there it was just a yard with a couple of bins for our rubbish and that was it.”

Jodi Bird, a travel expert at consumer advocacy group Choice, says misleading advertising is one of the top consumer complaints when it comes to holiday accommodation.

So, what can you do when you find your holiday accommodation isn’t quite what you ordered? And what can you do to protect yourself?

What to do if there’s a problem

Your first port of call should be with the accommodation provider or the service you used to book.

“Usually we’d say whoever you’d paid money to is who you complain to,” Mr Bird says.

It helps if you can provide some evidence, like photos or a copy of the listing, and are clear about what you are requesting.

“You could ask to be provided with a separate room that meets the requirements of the booking,” Mr Bird says.

“Otherwise, if you’re looking for something like compensation, you need to state a specific amount and why you are seeking that compensation. And if you can refer that back to the legislation, like Australian consumer law.”

Mr Bird also suggests stating your next steps, which could be escalating it with the relevant consumer affairs body.

If you travelled interstate, you might be wondering whether to contact your local consumer affairs body or the one in the state or territory where the accommodation was located.

We asked Consumer Affairs Victoria about this, and a spokesperson said the consumer affairs body in your home state is a good first point of contact. In some cases, they may not have jurisdiction, but they can point you in the right direction.

“It’s unlikely the consumer affairs body will respond fast enough to facilitate a resolution while you’re still in the accommodation, so it’s not too late to deal with it when you get home,” Mr Bird adds.

“Just bear in mind, whether you changed accommodation providers, or stayed with the same provider, you ideally want to be able to state a dollar amount of compensation that you feel will resolve your problem.

“That dollar amount should reflect the reasonable cost to you of the failure of the service provider.”

Your rights under consumer law

If you’re travelling within Australia, you have some protections under Australian consumer law.

Accommodation providers are bound by consumer guarantees. These include providing accommodation  with “acceptable care and skill or technical knowledge” and “taking all necessary steps to avoid loss and damage”;

Accommodation providers, like other businesses, also can’t make false or misleading claims in their advertising.

For example, if the accommodation provided is different to the photos or description in the listing, you may have grounds for compensation or cancellation, Mr Bird says.

The provider may be able to remedy the situation by moving you to a new room or different accommodation that matches your booking, but it must be done in a reasonable time-frame, Mr Bird adds.

“If it’s a week later, and you’ve already spent that time staying in a room that you didn’t want to book, you can ask for compensation,” he says.

“But if they’re able to organise a room that matches the description within a couple of hours, they’re allowed to do that.”

Keep in mind that Australian consumer laws may not apply if you’re travelling overseas. You may however have some rights under local consumer laws, Mr Bird says.

What to know about cancellations and fees

If you’re thinking about cancelling your accommodation after you arrive, it’s important to check the terms and conditions.

Cancellation fees cannot be excessive. They should reflect “reasonable costs” that would be incurred by changing the booking.

If there is a serious problem with the accommodation — for instance, it is unsafe or vastly different to what was advertised — you may be entitled to compensation under the consumer guarantees.

It’s important to remember these protections may apply even if the terms and conditions of your accommodation would usually prevent a refund or other compensation.

How to protect yourself next time your travel

One tip is to ask questions about the accommodation before you travel. It can help protect you should problems arise, Mr Bird says.

“If you’re booking any accommodation — whether it be a caravan park or a hotel via [a third-party site] — you’re obviously subject to the terms and conditions,” he says.

“But if you contact the actual provider, and they provide representations or guarantees over email, for example, then that essentially forms part of the terms and conditions.”

For Rhiannon, the lesson was to be a bit careful when checking listings.

“You want to know what you’re walking in to,” she says.

“It’s hard to prepare yourself and plan for one thing and then get there and it’s a whole different story.”

Here are other ideas from the ACCC to help protect your trip:

• Read the terms and conditions before you travel. If you book through at travel agent, the policies of your agent and the service provider will both apply;
• Check what will happen if the booking can’t proceed due to COVID-19 travel restrictions. Sometimes this will be covered under a “force majeure” clause;
• Check what will happen if you need to cancel the booking;
• Check what will happen if the provider needs to cancel the booking;
• Confirm the terms and conditions with the business. Ask what you will receive and get them to point to specific terms that cover each cancellation scenario. If you can, get this in writing;
• Ask when payments are due. If you can, look for businesses that allow you to pay closer to the point of departure;
• Finally, carefully consider if your circumstances and the risks involved in travelling, as you may be unable to claim a refund if you need to cancel.