Overbooked hotels or misleading descriptions? What to do and how to claim a refund

Article 33 defines a ‘package’ as a combination of at least two tourist services for the same trip purchased from a single point of sale, sold at a flat rate or advertised as such, but also as a combination of services purchased from different traders through ‘linked online booking processes’, where the traveller’s name, payment details and email address are transferred from one website to another and the second contract is concluded within 24 hours of the first. If the services remain separate, this may constitute a ‘linked tourist service’. The term ‘point of sale’ also includes a website.

However, anyone who books accommodation only via a platform is not purchasing a package holiday: the relationship will be governed by the Civil Code (in relation to hotel or tenancy contracts) and the Consumer Code. If, on the other hand, the digital platform offers – as part of the same booking process – flights, accommodation and car hire, it is necessary to ascertain on a case-by-case basis whether this constitutes a package or a linked travel arrangement.

For package holidays, the protections are comprehensive and mandatory. The organiser and the seller must provide a standard information form and disclose the details of the services and accommodation (including the location and category), the name, contact details, the total price including taxes and additional costs, payment methods, information on passports, visas and health formalities, the cancellation terms and the details of the insolvency guarantee (Article 34 of the Tourism Code).

The traveller may transfer the contract, is protected against price increases and unilateral changes, may cancel before departure and, in the event of unavoidable and extraordinary circumstances, may do so without incurring any costs.

During the trip, the organiser is responsible for ensuring that services are provided as agreed; they must provide assistance and, in the event of any shortcomings, offer a price reduction or pay compensation for damages, including compensation for a ruined holiday. In the event of the organiser’s insolvency, payments are guaranteed.

Various rules apply to intermediaries. The online seller is liable for the performance of the mandate received from the traveller, including in respect of acts by auxiliaries and third parties (Article 50), and the trader is liable for errors resulting from technical faults in the booking system, unless these are attributable to the traveller or to unavoidable and extraordinary circumstances.

What can a consumer-tourist do when, through no fault of their own, they discover that their long-awaited holiday will not go ahead due to the failure of one or more contracting parties to fulfil their obligations?

The most important aspect to bear in mind is the evidence: it is advisable to keep screenshots of the advert, the confirmation, the pricing terms, messages, receipts and photographs, and to report any shortcomings to the accommodation provider and the booking platform immediately. You can then send a written complaint and a formal notice to comply, contact alternative dispute resolution bodies (Articles 141 et seq. of the Consumer Code), engage in joint negotiations with consumer associations, use the conciliation services of the Chambers of Commerce or, for disputes with foreign operators, contact the European Consumer Centres. If the service has not been provided, you can request a chargeback from the bank that issued the card.

Mandatory assisted negotiation, on the other hand, does not apply to contracts between traders and consumers (Article 3 of Decree-Law 132/2014, converted into Law 162/2014).

In court, the tourist may also claim that unfair terms are void – which the judge must identify even of their own motion – and may seek the termination of the contract or a reduction in the price, compensation for financial loss (unnecessary expenses incurred, higher cost of alternative accommodation) and for non-financial loss resulting from a ruined holiday – a type of loss that may also be covered by insurance provided by the accommodation provider: Court of Cassation, 15 June 2026, No. 20023).

They may bring proceedings before the court of their place of residence even against a website based abroad and, for cross-border disputes up to five thousand euros, make use of the European Small Claims Procedure. In court, facts not contested by the operator are deemed to be undisputed (Milan Court, judgment 8762/2013).

In cases involving multiple claims, it is also possible to bring class actions and representative actions on behalf of associations.

Finally, it remains possible to lodge complaints with AGCOM regarding unfair commercial practices and unfair terms, as well as breaches of the Digital Services Regulation, and with the Data Protection Authority regarding breaches relating to the processing of personal data.