Written by Carter Capner Law

Updated on June 24, 2025

There’s nothing worse than arriving at your overseas resort only to find the room looks nothing like the website photos, the pool is under renovation, or promised amenities don’t exist. If your hotel or resort experience doesn’t match the advertisement — and you booked through an Australian provider — you may be entitled to a refund or compensation under Australian Consumer Law.

What Counts as a ‘Misleading’ Hotel or Resort Experience?

Australian travel agencies must advertise travel services honestly. If your resort experience differs significantly from the way it was presented before booking, it may be considered misleading or deceptive conduct. This includes:

  • Photos that don’t match reality — images show spacious, modern rooms but you receive cramped or outdated accommodation.
  • Missing or unavailable amenities — pool, gym, spa, or restaurants are closed, under construction, or non-existent.
  • False claims of luxury or star ratings — advertised as “5-star” but lacks expected quality or service.
  • Misrepresented location — described as “beachfront” or “central” when it’s far from town or down an alley.

Your Rights Under Australian Consumer Law

If your hotel was booked through an Australian travel provider — such as Flight Centre, Luxury Escapes, Wendy Wu Tours, or Helloworld Travel — then you’re protected under the Australian Consumer Law (ACL).

The ACL requires that travel services:

  • Be delivered as described in advertising or booking materials
  • Match the quality and amenities promised
  • Be provided with due care and skill

If your experience falls short — and this caused financial loss or emotional distress — you may be entitled to a refund, compensation, or both.

Checklist: What to Do If You Arrive and It’s Not as Advertised

  • Take Photos Immediately

    Capture the room, missing amenities, and exterior. Compare to what was shown online.

  • Record Conversations

    Politely speak to reception or management. Note their responses or promises.

  • Email Your Travel Agent

    Send a written complaint while still on your trip. Attach photos. Keep the communication formal and factual.

  • Request Written Confirmation

    If offered a room change or partial refund, get this in writing or by email.

  • Keep Receipts

    If you relocate or incur expenses because of poor conditions, keep records for claiming later.

Examples of Valid Claims for Misrepresentation

Misrepresentation Reality Claim Outcome
“Ocean-view suite” advertised Room faced construction site, no water visible Partial refund + travel credit
Pool and spa advertised Facilities closed for renovation with no prior notice Compensation for lost use + relocation costs
Photos showed luxury furnishings Room had broken fixtures, peeling paint, and mould Full refund + damages for emotional distress

Can You Claim for Emotional Distress or a Ruined Holiday?

In some cases, yes. While “disappointment” alone isn’t always enough, if your experience caused significant loss of enjoyment, stress, or anxiety — and you can show it resulted from false or misleading conduct — you may be entitled to damages for distress or “loss of amenity.”

This is especially true when the holiday was for a once-in-a-lifetime event (e.g. honeymoon, milestone birthday) and the accommodation was the centrepiece of the experience.

FAQs – Misrepresented Accommodation

What if I booked through Booking.com or Expedia?
If you paid through an Australian-based travel agency or aggregator that operates under Australian Consumer Law, you may still be protected. Always check if they have an Australian business registration.

Can I make a claim after I return home?
Yes. Many clients wait until they’ve returned before gathering evidence and contacting us. But the earlier you act, the better.

Is poor customer service a valid claim?
Not usually on its own. However, if it’s part of a pattern of failures (e.g. broken amenities and ignored complaints), it may contribute to a compensation case.

You’re Not Being Picky — You May Be Protected

A hotel that doesn’t match its advertisement isn’t just disappointing — it may be unlawful. If your resort failed to deliver what was promised, and you booked through an Australian travel provider, you may be eligible for compensation under the Australian Consumer Law.

At Carter Capner Law, we offer No Win, No Fee assistance for holiday disappointment claims. Contact us today for a free assessment of your overseas hotel claim.