🏨 Hotel, Tour & Travel Package Refund Demand Letters
Recovering payment for canceled vacations, misrepresented properties, and unfulfilled travel services
🌴 When Travel Providers Owe You Refunds
Hotels, tour operators, and travel package sellers frequently refuse refunds by claiming "non-refundable" booking terms—even when they fail to deliver promised services, misrepresent properties, or cancel on you. California consumer protection laws give you powerful tools to recover your money.
🎯 Common Travel Refund Scenarios
Hotel cancels your reservation: Property claims overbooking, maintenance issues, or closure—refuses refund
"Not as advertised" properties: Hotel room is filthy, under construction, or lacks promised amenities (ocean view, pool, WiFi)
Tour operator cancellation: Company cancels tour due to weather, low enrollment, or business closure—offers credit instead of refund
COVID/force majeure cancellations: Provider cancels due to pandemic, natural disaster, or travel restrictions—claims force majeure exempts refund duty
Bait-and-switch packages: Travel package advertised specific hotels/tours/amenities, delivered inferior substitutes
Service not provided: Pre-paid airport transfers, excursions, meals not delivered as promised
💰 Why "Non-Refundable" Doesn't Always Mean Non-Refundable
Travel providers love to hide behind "non-refundable" terms, but California law imposes limits on these clauses:
A "non-refundable" policy is unconscionable and unenforceable when:
Provider breaches first: If the hotel cancels your reservation or the tour operator cancels the tour, they breached the contract—they can't enforce "non-refundable" terms against you
Services materially different: If the property/tour is substantially worse than advertised (CLRA § 1770(a)(5), (a)(7)), charging full price is unconscionable
No consideration: If provider never intended to provide services (booked more reservations than capacity), the "non-refundable" term lacks consideration
One-sided forfeiture: Courts disfavor terms that impose total forfeiture with no proportional benefit
Scenario
Refund Entitlement
Legal Basis
Hotel cancels your reservation
Full refund—provider breached, cannot enforce "non-refundable" term
Contract law (material breach), CLRA § 1770(a)(7)
Room not as advertised
Full or partial refund depending on severity of misrepresentation
CLRA § 1770(a)(5), (a)(7) false advertising
Tour operator cancels tour
Full refund—services not provided, breach of contract
CLRA § 1770(a)(9), contract law
COVID/force majeure cancellation
Refund required if provider retains payment without providing service (force majeure excuses performance, not unjust enrichment)
Subject to cancellation policy, but may challenge if policy unconscionable (100% forfeiture weeks before service)
CLRA § 1770(a)(14), unconscionability doctrine
Service substitution
Refund of value difference between promised and delivered service
CLRA § 1770(a)(7), breach of warranty
✅ Step-by-Step: Getting Your Travel Refund
Document everything immediately: Photos/videos of substandard room, screenshots of false advertising, emails confirming cancellation
Request refund from provider: Email hotel/tour operator citing specific problems and requesting immediate refund
Escalate to manager/owner: Frontline staff often can't authorize refunds; demand to speak with manager or ownership
Dispute with booking platform: If booked through Expedia, Booking.com, etc., file complaint with platform (they may pressure provider or issue refund themselves)
Credit card chargeback: Dispute charge with credit card issuer for "services not as described" or "services not rendered"
CLRA demand letter: Send certified-mail demand citing CLRA violations, giving provider 30 days to cure
Small claims court: For refunds under $10,000, file small claims action (fast, no attorney needed)
Attorney consultation: For larger package disputes or pattern fraud, consult consumer protection attorney
💳 Credit Card Chargebacks: Your Secret Weapon
If you booked with a credit card, you have chargeback rights under the Fair Credit Billing Act (FCBA):
Dispute window:60 days from statement date
Grounds: "Services not rendered as agreed" or "services not as described"
Provider must prove service was adequate: Burden shifts to merchant to prove room/tour was as advertised
Provisional credit: Most card issuers provide temporary credit during investigation
Strategy tip: File chargeback immediately while simultaneously pursuing CLRA demand. Providers often settle CLRA claims quickly when facing chargeback losses.
📜 Legal Framework for Travel Refunds
🏛️ California Consumers Legal Remedies Act (CLRA)
CLRA § 1770 prohibits 25+ unfair practices. In hotel and travel package disputes, the most commonly violated provisions are:
CLRA Violation
Travel Industry Example
Remedy
§ 1770(a)(5) False advertising
Hotel advertises "oceanfront" room, delivers parking lot view; tour operator advertises "luxury coach" but provides old school bus
Refund of price difference, or full refund if material misrepresentation
§ 1770(a)(7) Services not as represented
Hotel room shown in photos is renovated suite, actual room is unrenovated and dirty; tour promises "English-speaking guide," provides no guide
Full or partial refund based on severity
§ 1770(a)(9) Services not intended to provide
Tour operator books 50 customers but only has capacity for 30; hotel overbooks knowing they'll cancel some reservations
Full refund plus consequential damages
§ 1770(a)(14) Unconscionable contract
"100% non-refundable" policy enforced even when hotel cancels reservation; total forfeiture for cancellation 60+ days before travel
Contract reformation, partial refund
§ 1770(a)(19) Violating other statutes
Violating California Seller of Travel laws (unregistered operator, failure to maintain trust account)
Full refund, statutory damages
📋 CLRA § 1782 Pre-Suit Demand: Your Best Tool
How the 30-Day Cure Mechanism Works
Send CLRA demand via certified mail identifying specific violations and requesting refund
Provider has 30 days to cure by providing "appropriate relief" (typically full or partial refund)
If provider cures: You can still sue for actual damages, but cannot recover statutory damages or attorney fees
If provider doesn't cure: You can sue for:
Actual damages (refund owed)
Statutory damages up to $5,000 (CLRA § 1780(a)(1))
Attorney fees and costs (CLRA § 1780(e))—often the biggest number
Injunctive relief
Strategic value: The threat of attorney fees creates enormous settlement pressure. A hotel refusing to refund a $2,000 deposit faces potential liability of $2,000 (refund) + $15,000-$30,000 (consumer's attorney fees if they win) + their own defense costs.
🌐 California Seller of Travel Law
Tour operators, travel agencies, and package sellers in California must register with the Attorney General as "Sellers of Travel" (Bus. & Prof. Code §§ 17550.1-17550.46):
⚠️ Seller of Travel Requirements
Registration: Must register with AG and display registration number in advertising
Trust account or bond: Must maintain trust account or surety bond to protect consumer deposits
Disclosure requirements: Must disclose cancellation/refund policies in writing before purchase
Prohibited conduct: Cannot misrepresent services, must provide services as contracted
Consumer protection: If unregistered operator refuses refund, you can:
Cite violation of Seller of Travel law as additional CLRA violation (§ 1770(a)(19))
File complaint with California Attorney General
Claim against operator's bond (if bonded) or trust account
Check registration: Search operator at https://oag.ca.gov/travel → Seller of Travel database
💳 Fair Credit Billing Act (FCBA) Chargebacks
Federal law gives credit card users powerful dispute rights:
FCBA Chargeback Process
Contact card issuer within 60 days of statement showing the charge
Dispute grounds: "Services not rendered as agreed" or "billing error"
Provide evidence: Booking confirmation, photos, emails showing service failure or misrepresentation
Provisional credit: Card issuer typically credits your account during investigation
Merchant response: Hotel/tour operator must prove they delivered service as agreed
Final determination: Issuer decides based on evidence; if you win, credit becomes permanent
Chargeback advantages:
Fast resolution (30-90 days vs. months/years for litigation)
Merchant bears burden of proving service was adequate
⚖️ Contract Law: Force Majeure and Impossibility
Travel providers often claim "force majeure" (act of God, pandemic, war) excuses their refund obligations. California law disagrees:
Force Majeure ≠ Right to Keep Your Money
Legal principle: Force majeure excuses a party's performance, but doesn't permit unjust enrichment.
Example: Tour operator cancels European tour due to COVID travel restrictions.
✅ Force majeure excuses operator from providing the tour (impossibility of performance)
❌ Force majeure does NOT excuse operator from refunding customer payments (unjust enrichment)
California rule: When performance becomes impossible, the contract is discharged and parties must restore consideration. Keeping customer payments without providing services = unjust enrichment, regardless of force majeure.
CLRA application: Refusing refund after force majeure cancellation violates CLRA § 1770(a)(9) (services not intended to provide).
Video walkthroughs: Narrated video tours provide comprehensive documentation
💵 Calculating Your Damages
Damage Category
How to Calculate
Documentation
Refund of payment
Full amount paid for hotel/tour/package
Booking confirmation, credit card statement
Alternative accommodation
Cost of replacement hotel if original was uninhabitable
Receipt from alternative hotel with dates
Price difference
If service was downgraded, difference between promised level and delivered level
Listing showing "luxury suite" vs. actual "standard room" rates
Missed activities
Pre-paid tours, event tickets, restaurant reservations you missed due to hotel/tour cancellation
Confirmation emails, receipts for non-refundable bookings
Wasted expenses
Airfare, car rental, other trip costs that became worthless when hotel/tour canceled
Flight/car rental confirmations (may be harder to recover)
Incidental costs
Meals, transportation, phone calls incurred while resolving problem
Receipts, phone bill showing international calls to operator
💰 Sample Damage Calculation: Hotel Cancellation
Scenario: You booked beachfront resort in Hawaii for $3,500 (7 nights). Hotel emails 48 hours before check-in saying they're closed for emergency repairs, refuses refund, offers credit for future stay.
You find alternative hotel at $5,000 (same dates, similar quality).
Damages:
Original hotel refund: $3,500
Price difference for replacement: $1,500 ($5,000 - $3,500)
Uber to alternative hotel (farther from airport): $45
International phone calls to hotel customer service: $30
Total claim: $5,075
CLRA leverage: If hotel refuses to cure within 30 days, add potential attorney fees ($10,000-$25,000+) creating massive settlement pressure.
✍️ Contemporaneous Complaint Documentation
Complaining to the hotel/tour operator while problems are happening strengthens your case:
✅ How to Document Complaints Effectively
Complain in writing (email): Verbal complaints to front desk have no proof; email creates timestamped record
Be specific: "Room 407 has no hot water, mold in bathroom, broken AC" beats "Room is bad"
Request remedy immediately: "Please move me to a different room" or "Please arrange alternative accommodation"
Note their response: If they refuse to fix problem, document the refusal
Send photos in real-time: Attach photos to complaint emails showing problems as they exist
CC booking platform: If booked through third party, copy them on complaint emails
Why this matters: Providers often claim problems "were never reported" or "we offered to fix it." Contemporaneous written complaints with photos destroy these defenses.
📝 Travel Refund Demand Templates
Template 1: Hotel Cancellation Refund Demand
[Date]
[Hotel Name]
[Hotel Address]
SENT VIA CERTIFIED MAIL
Re: CLRA § 1782 Demand for Refund – Reservation #[Confirmation Number]
Dear [Hotel Manager/Owner]:
This is a formal demand under California Civil Code § 1782 regarding your cancellation of my reservation and refusal to issue a refund.
RESERVATION DETAILS:
• Confirmation Number: [######]
• Guest Name: [Your Name]
• Check-in Date: [Date]
• Check-out Date: [Date]
• Room Type: [Description from booking]
• Total Paid: $[Amount]
• Payment Date: [Date]
CANCELLATION AND REFUND DENIAL:
On [Date], [Hotel] notified me that my reservation was canceled due to [overbooking / maintenance issues / closure / other reason]. I requested an immediate refund to my credit card on [Date]. [Hotel] refused and offered only a credit toward a future stay.
VIOLATIONS:
[Hotel's] refusal to refund my payment violates California consumer protection laws:
1. BREACH OF CONTRACT:
[Hotel] accepted my payment and confirmed my reservation. By canceling the reservation, [Hotel] materially breached our contract. A party in breach cannot enforce "non-refundable" terms against the non-breaching party.
2. CLRA § 1770(a)(7) - SERVICES NOT AS REPRESENTED:
[Hotel] represented that I would have a [room description] from [dates]. By canceling and refusing a refund, [Hotel] failed to provide services as represented.
3. CLRA § 1770(a)(9) - SERVICES NOT PROVIDED:
[Hotel] sold me a reservation, then canceled it and kept my money, demonstrating [overbooking / lack of capacity / intent not to provide services as sold].
4. CLRA § 1770(a)(14) - UNCONSCIONABLE CONTRACT:
Enforcing a "non-refundable" policy when [Hotel] breached by canceling my reservation is unconscionable and violates public policy.
CONSEQUENTIAL DAMAGES:
Due to [Hotel's] last-minute cancellation, I incurred additional costs:
• Replacement hotel at higher rate: $[Amount]
• Transportation to alternative accommodation: $[Amount]
• [Other costs]: $[Amount]
• Total consequential damages: $[Amount]
TOTAL DAMAGES: $[Sum of refund + consequential damages]
DEMANDED RELIEF:
Pursuant to California Civil Code § 1782, I demand that [Hotel] cure these violations within 30 days by:
1. Issuing a full refund of $[Original Amount] to my credit card ending in [####]
2. Reimbursing consequential damages of $[Amount]
3. Providing written confirmation of refund
If [Hotel] provides appropriate relief within 30 days of receiving this letter, no lawsuit will be filed. However, if [Hotel] fails to cure, I will file a CLRA action seeking:
• Actual damages ($[Total Amount])
• Statutory damages up to $5,000 per violation (CLRA § 1780(a)(1))
• Attorney fees and costs (CLRA § 1780(e))
• Injunctive relief
I have also initiated a chargeback with my credit card issuer and will file complaints with the California Attorney General and Better Business Bureau.
Please confirm receipt of this demand and provide written confirmation of full refund within 30 days.
Sincerely,
[Your Signature]
[Your Printed Name]
[Your Address]
[Your Phone]
[Your Email]
Template 2: "Not As Advertised" Hotel Room Demand
[Date]
[Hotel Name]
[Hotel Address]
SENT VIA CERTIFIED MAIL
Re: Refund Demand for Misrepresented Accommodations – Reservation #[Confirmation Number]
Dear [Hotel]:
I am demanding a refund for accommodations that were materially different from what [Hotel] advertised and what I paid for.
RESERVATION AND PAYMENT:
• Confirmation #: [######]
• Dates: [Check-in] to [Check-out]
• Room Type Booked: [e.g., "Oceanfront King Suite"]
• Amount Paid: $[Amount]
MISREPRESENTATIONS:
[Hotel's] website and booking confirmation represented that I would receive:
• [Feature #1, e.g., "Oceanfront view"]
• [Feature #2, e.g., "Recently renovated luxury suite"]
• [Feature #3, e.g., "Private balcony"]
• [Feature #4, e.g., "Pool and spa access"]
ACTUAL CONDITIONS:
The room I received (Room [###]) had:
• [Reality #1, e.g., "Parking lot view, ocean not visible"]
• [Reality #2, e.g., "Unrenovated room with stained carpets and dated fixtures"]
• [Reality #3, e.g., "No balcony"]
• [Reality #4, e.g., "Pool closed for repairs, spa non-functional"]
I have photographs and video documentation proving these discrepancies (attached).
COMPLAINT AND REFUSAL TO REMEDY:
I complained to the front desk on [Date] and requested either:
(1) Relocation to a room matching my booking, or
(2) Immediate refund
[Hotel] refused both options, stating [their response, e.g., "all rooms are booked" or "no refunds for non-refundable bookings"].
LEGAL VIOLATIONS:
[Hotel's] conduct violates California law:
1. CLRA § 1770(a)(5) - FALSE ADVERTISING:
[Hotel] advertised "oceanfront" rooms, "luxury" accommodations, and specific amenities that were false.
2. CLRA § 1770(a)(7) - SERVICES NOT AS REPRESENTED:
The room provided had materially different characteristics than represented.
3. BREACH OF CONTRACT:
I paid premium pricing for specific features. [Hotel] breached by providing inferior accommodations.
DAMAGES:
• Paid for "Oceanfront Suite": $[Amount]
• Actual value of parking-lot-view unrenovated room: $[Market Rate for Standard Room]
• Difference (overcharge): $[Amount]
Alternatively, I seek a full refund of $[Total Amount] given the material nature of the misrepresentations.
DEMAND:
Pursuant to CLRA § 1782, I demand that [Hotel] cure within 30 days by refunding $[Amount] to my credit card.
Failure to cure will result in litigation seeking the refund plus attorney fees and statutory damages.
I have attached photographic evidence and have filed a credit card chargeback for services not as described.
Sincerely,
[Your Name]
[Contact Information]
Template 3: Tour Operator Cancellation Refund Demand
[Date]
[Tour Company Name]
[Address]
SENT VIA CERTIFIED MAIL
Re: Refund Demand for Canceled Tour – Booking #[Confirmation Number]
Dear [Tour Operator]:
I am demanding an immediate refund for a tour that [Tour Company] canceled but refuses to refund.
TOUR DETAILS:
• Booking Confirmation: [######]
• Tour: [Tour Name/Description]
• Departure Date: [Date]
• Duration: [Number of days]
• Total Paid: $[Amount]
• Payment Date: [Date]
CANCELLATION:
On [Date], [Tour Company] notified me that the tour was canceled due to [reason: low enrollment / weather / COVID / operational issues]. [Tour Company] offered a credit toward a future tour but refused a cash refund.
SELLER OF TRAVEL STATUS:
[Tour Company] [is/is not] registered with the California Attorney General as a Seller of Travel. [If not registered: Operating as an unregistered Seller of Travel violates Bus. & Prof. Code § 17550.10.]
LEGAL VIOLATIONS:
1. BREACH OF CONTRACT:
[Tour Company] accepted my payment and confirmed the tour. By canceling, [Tour Company] breached our contract and cannot enforce "non-refundable" terms.
2. CLRA § 1770(a)(9):
[Tour Company] sold a tour it did not provide, violating CLRA prohibitions on advertising services with intent not to provide them.
3. UNJUST ENRICHMENT:
[Tour Company] retains $[Amount] while providing no services in return. This constitutes unjust enrichment regardless of force majeure or other excuse for non-performance.
[If applicable: 4. SELLER OF TRAVEL VIOLATIONS (Bus. & Prof. Code § 17550 et seq.):
[Tour Company's] failure to register as required and refusal to refund canceled tours violates California's Seller of Travel law.]
CONSEQUENTIAL DAMAGES:
Due to the tour cancellation, I also lost:
• Non-refundable airfare: $[Amount]
• Hotel deposits: $[Amount]
• Total consequential damages: $[Amount]
DEMAND:
Pursuant to CLRA § 1782, I demand that [Tour Company] cure within 30 days by:
1. Refunding $[Tour Cost]
2. [If applicable: Reimbursing consequential damages of $[Amount]]
3. Providing written confirmation
If [Tour Company] fails to cure, I will:
• File a CLRA lawsuit seeking actual damages, statutory damages, and attorney fees
• File a complaint with the California Attorney General's Office
• [If applicable: File a claim against [Tour Company's] Seller of Travel bond]
• Initiate a credit card chargeback
Please issue the refund immediately.
Sincerely,
[Your Name]
[Contact Information]
⚠️ Demand Letter Best Practices
Certified mail required: CLRA demands must be sent via certified mail to prove receipt
Attach evidence: Include copies (not originals) of booking confirmations, photos, complaint emails
Keep originals: Save originals and certified mail receipt for court if needed
Wait 30 days: Give provider full 30 days to cure before filing suit
Document non-response: If provider ignores demand, note this in lawsuit filing
👨⚖️ Attorney Services for Travel Refund Disputes
Most hotel and tour refund disputes can be resolved through customer service escalation, platform complaints, or credit card chargebacks. When providers refuse to honor legitimate refund requests—especially for high-value packages or systematic fraud—legal representation may be warranted.
🎯 How I Help Travelers Recover Refunds
CLRA Demand Letters
Strategic demand drafting: Properly formatted § 1782 demands citing specific violations and creating settlement pressure through attorney fee exposure
Evidence compilation: Organizing photos, booking records, and complaint documentation into persuasive demand packages
Damage calculation: Identifying all recoverable damages including consequential losses
Attorney signature leverage: Hotels and tour operators settle faster when demands come from counsel
Chargeback Support
Chargeback preparation: Drafting dispute letters to credit card issuers with supporting evidence
Merchant response challenges: Countering hotel/operator responses to chargebacks with legal arguments
Parallel strategies: Coordinating CLRA demands with chargeback timing to maximize pressure
Litigation
Small claims representation: For refunds under $10,000, small claims court offers fast resolution
Superior court CLRA actions: Full litigation for larger package disputes or pattern fraud
Seller of Travel enforcement: Pursuing unregistered operators, bond claims, AG complaints
Attorney fee recovery: CLRA fee-shifting makes litigation economical even for moderate refund amounts
Class Action Investigation
Pattern practice cases: If provider is systematically refusing refunds to many consumers, potential class certification
COVID refund cases: Many tour operators and hotels refused pandemic-related refunds to thousands of customers
False advertising campaigns: Bait-and-switch marketing schemes affecting large consumer groups
📞 Schedule a Consultation
Discuss your hotel, tour, or travel package refund dispute. I provide practical guidance on whether to pursue recovery through chargebacks, CLRA demands, or litigation.