Booking a hotel or hiring a car through a third-party website can be quick and convenient, but what can you do if something goes wrong?
What is an intermediary?
When booking accommodation or car hire online, you may use a third-party website, often referred to as an intermediary, online travel agency (OTA) or booking platform.
These websites allow consumers to search, compare and book services from different providers in one place.
However, while you may make your booking through an intermediary, your contract is often with the hotel or car hire company providing the service, rather than the booking platform itself.
Understanding who you are booking with, and who is responsible if something goes wrong, is important before confirming your reservation.
Who is responsible if something goes wrong?
If you arrive at your hotel to find your reservation has been cancelled, or experience a problem with a rental car, knowing who to contact can save time and frustration.
In many cases, the hotel or car hire company is responsible for providing the service and should be your first point of contact if something goes wrong.
However, intermediaries also have responsibilities, particularly where they have made specific promises or handled your payment.
For example, an intermediary may be responsible if:
- It promises a refund or reimbursement but fails to honour that commitment.
- It handles your payment and you are overcharged, or your payment is not passed on to the service provider.
- It advertises misleading information, such as free cancellation when this is not actually available.
- It makes a commitment to resolve a complaint but fails to follow through.
It’s important to remember that when booking through a third party platform, you may be agreeing to two separate sets of terms and conditions – one with the booking platform and the other with the service provider, for example the car rental company. Before booking, always check the terms and conditions of both carefully, including the cancellation policy, payment arrangements and who your contract is with.
How ECC Ireland helped consumers get their money back
ECC Ireland regularly assists consumers experiencing difficulties with businesses based in other European countries. Two recent cases highlight how problems involving intermediaries can arise.
Case study 1: €249 car hire refund secured
An Irish consumer booked a rental car through an intermediary for a trip to Italy.
However, when they arrived to collect the vehicle, the car hire company refused to provide it, claiming there was a discrepancy between the country of residence on the consumer’s passport and the country associated with their payment card.
The consumer disputed this explanation and believed the refusal was not supported by the booking terms and conditions.
After reviewing the complaint, ECC Ireland contacted ECC Italy, which raised the matter with the car hire company.
The outcome: The company agreed to refund the consumer, and €249 was successfully recovered.
Case study 2: Almost €3,000 recovered following hotel cancellation
An Irish consumer booked accommodation through an intermediary, only for the hotel to cancel the confirmed reservation before their trip.
After contacting the booking platform, the consumer was advised to arrange alternative accommodation and submit evidence of the additional costs for reimbursement.
However, despite providing the requested documentation, the consumer received a refund in wallet credits rather than cash and was subsequently refused reimbursement of the additional accommodation costs.
ECC Ireland reviewed the complaint and contacted ECC Netherlands, where the intermediary was based.
The outcome: Following ECC Netherlands’ intervention, the intermediary agreed to provide a cash refund of €2,949.
What about package holidays?
It’s also important to understand the difference between booking a single travel service and booking a package holiday.
If you book accommodation or car hire as a standalone service through an intermediary, your booking will generally not be covered by the Package Travel Directive.
However, if you book a combination of travel services, such as flights and accommodation, your booking may qualify as a package holiday, depending on how the services are purchased.
Package holidays come with additional consumer protections, including specific responsibilities for the package organiser.
Find out more about package travel and your rights.
Top tips when booking through an intermediary
Before making your next booking:
- Know who you’re booking with. Check whether your contract is with the booking platform or the service provider.
- Read the terms and conditions. Remember, there may be two sets, one with the booking platform and another with the service provider. Check both carefully and pay particular attention to cancellation policies, refunds and payment arrangements.
- Keep your booking confirmation. Save copies of your reservation, receipts and any promises made by the intermediary.
- Contact the responsible trader first. If something goes wrong, raise the issue directly with the business responsible and keep a written record of your complaint. Check out our template letters here.
- Know where to get help. If you cannot resolve a complaint with a trader based in another EU country, Iceland or Norway, ECC Ireland may be able to assist.
How ECC Ireland can help
If you have a problem with an intermediary or travel service provider based in another EU country, Iceland or Norway, ECC Ireland may be able to help.
Consumers should first make a complaint directly to the trader and give them an opportunity to resolve the issue.
If your complaint remains unresolved, you can contact ECC Ireland for free information, advice and assistance with eligible cross-border consumer disputes.
Visit www.eccireland.ie to find out more or submit a complaint.