Hotel has no room? The what-now protocol
An overbooked hotel is the hotel's business risk — not yours. You're entitled to equivalent alternative + all additional costs + contract rescission.
Overbooking is a deliberate business choice by many hotels — they accept extra bookings in case of no-shows. The risk they offload to you. Legally they cannot: Art. 6:74 BW + 6:265 BW put you in the upper hand. The protocol below ensures you don't lose ground.
Step by step
1
Document on the spot
Get written confirmation (email/SMS) from the hotel that they have no room and the reason. Photograph the reception desk, the confirmation, and the timestamp. An undated "we have no room" email is your key evidence.
2
Accept a temporary alternative — with conditions
The hotel must offer you an equivalent alternative with transport to/from at their expense. Say explicitly: "I accept this without waiving my right to full refund and additional damages." Put that sentence in an email to the hotel reception ITSELF so it's documented.
3
Keep ALL receipts
Taxi to the alternative, any extra costs there (parking, restaurant), phone costs for arranging — everything. Keep originals or take photos. These are your substitute damages elements.
4
Demand written damages within 14 days
Send a formal claim letter to the hotel. Cite BW 6:74, 6:265 (attributable breach + rescission), possibly EU 2015/2302 if it was a package tour. Demand: refund + extra costs + (for package) damages for loss of enjoyment (Leitner C-168/00). Our hotel-overbooking claim (€9.99) does this for you.
5
No response or refusal — three escalation routes
Step 1: Geschillencommissie Reizen (within 1 year of their final position). Step 2: ACM report for unfair commercial practice. Step 3: cantonal court (Art. 6:119 BW statutory interest + procedural costs). For OTA bookings (Booking.com etc.): contact the OTA — they sometimes have own compensation schemes.
Ready to claim?
Hotel had no room? Demand refund + compensation
We draft a formal damage-claim letter to the hotel (BW 6:74+6:265, Package Travel Act, EU 2015/2302). Send-ready PDF.
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