Hotel, Tour, and Travel Package Refund Demand Letters
Hotel, Tour, and Travel Package Refund Demand Letters
Demand full refunds when your travel provider fails to deliver the promised service, regardless of a “nonrefundable” policy.
Scenario 1: Hotel Refuses Refund for Unusable or Hazardous Property
When to Use This Letter
Use this demand when the hotel remains open, but a core aspect of the property or room is unusable due to construction, health/safety issues (e.g., severe water damage, no working AC/heat, insect infestation), or unadvertised, material conditions that prevent the intended stay. This argues for a breach of the implied warranty of habitability/service.
- Booking Date: [DATE]
- Stay Dates: [DATE] to [DATE]
- Reservation #: [NUMBER]
- Condition: Unannounced construction, sewage smell, pool/amenities closed, etc.
Demand Letter Verbiage: Hotel Unusable Property
[Your Name]
[Your Address]
[Your Email/Phone]
[Date]
[Hotel Management/Legal Department]
[Hotel Address]
Subject: DEMAND FOR FULL REFUND – Reservation #[NUMBER] – Breach of Implied Warranty
Dear [Hotel Management Name or "To Whom It May Concern"],
I am writing to demand a full refund of $[AMOUNT] paid for Reservation #[NUMBER] for a stay at the [Hotel Name] from [START DATE] to [END DATE].
Upon arrival, or during the stay, the property was discovered to be materially unusable due to [SPECIFIC CONDITION: e.g., overwhelming construction noise/health hazard from water leak/non-functioning essential services]. This condition was not disclosed at the time of booking and directly rendered the premises unfit for its intended purpose as lodging.
The property's failure to provide a reasonably safe and habitable room/environment constitutes a breach of the implied warranty of habitability (or similar state law governing the provision of lodging services). I provided [SPECIFIC ACTION: e.g., notice to the front desk on [DATE]/checked out early on [DATE] and secured alternative lodging].
I request a full refund of $[AMOUNT] to be processed within 14 days of the date of this letter. If this demand is not met, I will proceed immediately with a credit card chargeback, and if necessary, file a claim in small claims court for the refund amount plus any applicable damages.
Sincerely,
[Your Signature]
[Your Typed Name]
Scenario 2: Tour Operator Cancels or Substantially Changes Itinerary
When to Use This Letter
Use this letter when a tour operator or package provider (e.g., cruise line, multi-day adventure company) cancels the trip or makes a material change to the itinerary (e.g., cutting 2 out of 7 destinations, downgrading accommodation class) that fundamentally alters the value of the package. You are arguing the provider has breached the explicit terms of the contract.
- Booking Date: [DATE]
- Trip Name: [NAME OF TOUR/PACKAGE]
- Scheduled Date: [START DATE]
- Issue: Full cancellation or [SPECIFIC SUBSTANTIAL CHANGE].
Demand Letter Verbiage: Tour/Package Breach
[Your Name]
[Your Address]
[Your Email/Phone]
[Date]
[Tour Company/Package Provider Legal Dept.]
[Company Address]
Subject: DEMAND FOR FULL REFUND – Trip #[NUMBER] – Substantial Breach of Contract
Dear [Recipient Name],
I am demanding a full refund of $[AMOUNT] paid for the "[Trip Name]" package, scheduled for [START DATE]. The booking was made on [BOOKING DATE] under Confirmation/Booking #[NUMBER].
The material terms of the contract were breached when your company:
[SELECT ONE: 1. Unilaterally cancelled the trip entirely on [DATE]. OR 2. Substantially altered the core itinerary on [DATE] by [EXPLAIN CHANGE, e.g., removing the Arctic cruise component and substituting a bus tour].]
According to your advertised itinerary (or Section [NUMBER] of your Terms and Conditions regarding major changes), this constitutes a material change that justifies a full refund, regardless of any internal cancellation fee policy. I reject any offer for future credit or a partial refund, as the service contracted for will not be delivered.
I request that the full amount of $[AMOUNT] be refunded within 14 days of the date of this letter. If you fail to refund the full amount, I will pursue all legal remedies, including a formal consumer complaint to my state’s Attorney General and civil action for breach of contract.
Sincerely,
[Your Signature]
[Your Typed Name]
Scenario 3: “Nonrefundable” Provider is Closed or Cannot Legally Perform
When to Use This Letter
This is the strongest legal position. A contract’s “nonrefundable” clause only applies if the *traveler* cancels. If the *provider* is unable to perform (e.g., the venue is permanently closed, the government prohibits travel/entry to the region, or the reservation was overbooked), the contract is legally frustrated, and a refund is generally due. Use this to counter a provider who insists on keeping your money or only offering credit.
- Reservation: [Hotel/Flight/Tour] for [DATE]
- Amount: $[AMOUNT]
- Reason Provider Cannot Perform: [Government quarantine, permanent closure, or similar.]
Demand Letter Verbiage: Nonrefundable Due to Non-Performance
[Your Name]
[Your Address]
[Your Email/Phone]
[Date]
[Provider Legal/Billing Department]
[Provider Address]
Subject: FINAL DEMAND FOR REFUND – Reservation #[NUMBER] – Contract Frustration/Failure of Consideration
Dear [Recipient Name],
I am writing to demand an immediate and full refund of $[AMOUNT] paid on [DATE] for Reservation #[NUMBER] on [TRAVEL DATE].
While your terms contain a "nonrefundable" clause, that clause applies only in the event of *my* cancellation. In this instance, the booking was cancelled due to your inability to perform the contract. Specifically, [STATE REASON: e.g., the property was permanently closed, government-imposed quarantine made the service illegal, or you confirmed the booking was overbooked].
This situation constitutes a failure of consideration and frustration of contract, entitling me to a full refund under common law. I paid for a service you cannot provide. Your retention of the funds is a matter of unjust enrichment.
I reject any offer of credit in lieu of cash. I demand the full refund of $[AMOUNT] be processed within 14 days. Failure to comply will result in an immediate chargeback request to my card issuer, followed by legal action seeking full recovery of the funds plus any mandated statutory penalties.
Sincerely,
[Your Signature]
[Your Typed Name]
Legal Rights and Framework for Travel Refunds
Key Legal Principles
Unlike airline refunds (which are governed by specific DOT regulations), most travel, tour, and hotel refunds fall under Contract Law and State Consumer Protection Statutes. There is no single federal law guaranteeing your refund in every situation, making the strength of your argument dependent on the facts:
- Provider Cannot Perform: When the hotel is closed, or the tour is cancelled, the provider breached the contract, and you are almost always entitled to a refund, regardless of “nonrefundable” language.
- Breach of Implied Warranty: For hotels, there is an implied promise that the room/property will be habitable. Severe construction, safety issues, or lack of essential services is a breach.
- State Consumer Laws (e.g., CA): States like California (Seller of Travel law) and general Unfair Competition Laws (UCL) or Consumer Legal Remedies Act (CLRA) can give leverage against misrepresentation (e.g., advertising a “flexible” booking that is actually impossible to cancel).
- Chargeback Threat: Mentioning a chargeback is critical, as card networks often side with the consumer when the purchased service was not delivered.
Common Questions (FAQ)
A “nonrefundable” clause is primarily for when *you* choose to cancel. It does not apply if the provider cancels, fails to deliver the promised service, or cannot legally host you. In those scenarios, you are still entitled to a refund based on failure of consideration/breach of contract.
Always demand a full refund first. A future travel credit is essentially an interest-free loan to the company and comes with the risk of the company going bankrupt before you can use it. Only accept credit if you are in a weaker legal position (e.g., you cancelled a “refundable” trip, or as a last resort settlement).
A substantial change is one that fundamentally alters the value or nature of the trip you bought. Examples include changing a luxury hotel to a budget one, or replacing the main destination (e.g., a safari) with a general city tour. Minor changes, like a slight adjustment to the meal time or a different bus model, are generally not considered substantial.
Need to Escalate a Difficult Refund Fight?
If your travel provider refuses to honor their contract, it’s time to escalate. I can help you document your claims, analyze the complex terms and conditions, and prepare a formal chargeback request or a small claims court filing.
Contact: owner@terms.law