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José M.
José M., Attorney
Category: Spain Law
Satisfied Customers: 6052
Experience:  Spanish Attorney
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I booked and paid a flat in Barcelona through TripAdviser in

Customer Question

I booked and paid a flat in Barcelona through TripAdviser in June 2014, but when I arrived at the flat I realised that it was far too bad and had nothing to do with the one advertised in TripAdvisor website. I refused to stay there and went to a hotel instead. Now I am trying to get my money back from TripAdviser but FlipKey (a subsidiary of TripAdvisor) is refusing to refund me under the argument that they have already paid the property owner. I am not happy with their response because I did inform TripAdvisor immediately (at the same day I was supposed to check-in), so they should have acted and not paid the landlord. So, my question to you is: what can I do, under the Spanish law, to claim my money back from the landlord? Is there a sort of simple Court procedure in Spain to hear small cases like mine so that I can appeal without having to spend a fortune with lawyers? Of course, I have already contacted the landlord but he has simply ignored my e-mail. Thanks, Washington
Submitted: 3 years ago.
Category: Spain Law
Expert:  José M. replied 3 years ago.

José M. :

Hi there.

José M. :

José M. spanish attorney

José M. :

According to spanish law you could denounce the web site to spanish consumers protection office ( In your case does no fit because they have not spanish address) for bad ways to make publicity and that the offer is different than the reality.

José M. :

Against the land lord we have several ways

José M. :

First one, if they are professionals, hotel, or a company who has several propieties, we could denounce them to the consumer protection office also.

José M. :

If they are private people we have no this way and the only way is to demand in court.

José M. :

To demand in court less than 2000 euros you do not need an atorneys help

José M. :

But you have to demand in the place where the debitor has his adress

José M. :

So, you chance to get your money back is not easy

JACUSTOMER-h466fi2r- :

Hi Jose,

José M. :

Hi, Washington

José M. :

In all cases you always could denounce the land lord in the consumers office because may be he is not honest and works with black money unpaying taxes as a lot of poeple does and or they take care about they case and forces the land lord to give your money back

José M. :

The web site to make is

José M. :

Another link to know your rights against him

José M. :

So, I do not recomend you to demand in court even for free because you should do it in Barcelona

José M. :

I recomend you to denounce the facts to the Generalitat Of Catalunya in the links provided and wait

José M. :

Its going to be hard to get your money back but may be you win and or he gets a fine

José M. :

Iwill be here if you need more help

José M. :

Thank you

JACUSTOMER-h466fi2r- :

Thanks for your quick response. The value of the claim is close to EUR1,000, so what do I need to do to initiate the proceeding? Could you please provide me as much information as possible about the proceeding so that I can make it clear to the landlord, who has three properties advertised in TripAdvisor, that I am serious about suing him. I hope this might convinse him to give my money back to avoid legal troubles. If I start the proceeding now, how long does it take to get a response? Is this a complicated process or is it simple and efficient? If I am not able to sue the landlord now, is there a period of time after which my case expires and I can no longer sue the landlord?

José M. :

I am working in your answer

José M. :

Well

José M. :

You have to sue him in the place he has his adress ( Barcelona )

José M. :

You have to send a document to the court call demanda juicio monitorio

José M. :

No atorney is needed

José M. :

If you want further information, documents, or models I need you open new questions. Thank you