Hotel Room Nothing Like the Photos? You Can Demand a Refund

You booked three nights at $290 a night. The listing showed a sparkling pool, a balcony with ocean views, and a bright modern room. What you got: a pool “closed for maintenance”, a balcony facing the bins, and a room that smelt like a wet dog. Reception’s response: “You’ve already checked in, so no refund.”

You paid $870 for a picture. You are entitled to what was in the picture.

Misleading photos are illegal

The Australian Consumer Law bans businesses from misleading you about what they are selling. That includes glamour shots of a pool that has been drained since March, and describing a car park as a “partial water glimpse”.

• Section 18 – no misleading or deceptive conduct. Full stop.
• Section 61 – the service must be reasonably fit for the purpose you made known, and match any description or sample.
• Section 267 – if the service is substantially different from what was promised, that is a major failure. You can cancel, get a refund for what you didn’t use, and claim compensation for loss.

“But you stayed”

Staying one night because it was 11pm and you had two kids in the car does not waive your rights. Staying because you had no other option is not the same as being happy. What matters is that you complained promptly and gave them a chance to fix it.

Booked through a site like Booking.com or Expedia?

You can chase both. The hotel supplied the service. The booking site made the representations. Start with whoever took your money, and copy the other in. Booking platforms have refund procedures they don’t advertise, and they use them faster when there is a formal letter in the mix.

Evidence to grab before you check out

• Photos of the room, the view, the closed pool, the mould, everything. Timestamped.
• Screenshots of the listing as it looked when you booked (photos, description, amenities).
• Any complaints you made at reception, and their answer, in writing (email them from the lobby if you have to).

Then send the Letter of Demand

A Letter of Demand puts your photos next to their photos, cites the ACL sections, states the refund amount (usually the full cost, or the nights you didn’t stay plus a discount on the ones you did), and gives them 14 days before you file at the tribunal.

Hotels live and die by reviews. A tribunal decision is a public record.

You didn’t book a car park view. Don’t pay for one.

Claim Done drafts your Letter of Demand for $49. Done in about 5 minutes. You approve it before it is sent.