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Romario W. (CS Global)
15 oct 2026, 10:08 CEST
Dear Esteban Araña Burdett,
Thank you for your message regarding your reservation at Apartamento Centro Santa Catalina 1º C, received through the OCU Reclamar platform. We have reviewed your complaint together with the full record of your contacts with our Customer Service, and we set out our position below.
On 1 April 2026, You contacted our Customer Service from the Accommodation to report that the unit did not correspond to the four separate bedrooms You had understood would be available, and a service complaint was registered the same day. Our Customer Service contacted the Service Provider on your behalf that day, and again on 10 and 17 April 2026, and invited You to submit supporting material, which You provided on 7 April 2026. Following review of that material, a payment of 51.90 EUR was processed on 7 April 2026 and invoiced to the Service Provider. You contacted our Customer Service on a number of further occasions to express the view that this amount did not reflect the circumstances, and to request reimbursement of the full price paid. No refund of the reservation was authorised by the Service Provider, and the booking remained subject to its non-refundable policy at the point this complaint was raised.
In order to explain our position clearly, it is important to first outline how our role in this reservation is defined. As confirmed by Clause B2.1 of our Terms: When you make (or request) a booking, it's directly with the Service Provider – we're not a 'contractual party'. We fully understand how unsettling it is to arrive after a long journey from the Canary Islands with a large family group, including five children, and find that the layout of an Accommodation is not what You had pictured. The agreement for the stay itself, however, was concluded directly between You and the Service Provider, and Booking.com's role was to provide the Platform on which that offer was published and to support You in dealing with the Service Provider.
On the specific question of how the unit was described, Clause B2.4 confirms that: Information about Service Providers (e.g. facilities, house rules and sustainability measures) and their Travel Experiences (e.g. prices, availability and cancellation policies) is based on what they provide to us. This is further addressed by Clause A4.1: We get information from Service Providers, and we can't guarantee that everything is accurate – but when providing our Platform, we take reasonable care and act with professional diligence. Unless we've failed to do so or have been negligent, we can't be held responsible for any errors, interruptions, or missing bits of information. Of course, we'll do everything we can to correct/fix them as soon as we become aware. Having examined the photographs You supplied, the sleeping capacity and the bed configuration available in the unit corresponded to what was published. What the Service Provider's own description did not make clear is that the sleeping areas are not separated by solid partitions, and we accept that this is information a guest would reasonably expect to find. That description is nonetheless the Service Provider's to compose and keep accurate, and it is on that basis that we have raised the point with it directly.
As to the steps taken once You reported the matter, Clause A17.1 provides: We may help you communicate with your Service Provider, but that doesn't mean we're taking responsibility for the Travel Experience or anything the Service Provider does/doesn't do. We can't guarantee that they will read anything from you or that they'll do what you ask. In itself, the fact that you contact them or they contact you doesn't mean you have any grounds for legal action. Our Customer Service put your report to the Service Provider repeatedly and pressed for a refund of the reservation on your behalf. The Service Provider did not authorise one, and Booking.com is not in a position to oblige it to do so or to release funds held by it.
We should also address two further points You raised. Our records show that the unit remained reserved in your name and available to You for the whole of the booked period, and that no cancellation of the reservation was ever completed; You decided not to make use of it. Any question concerning access to the Accommodation during that period, including the operation of the key box, concerns the Service Provider directly, and we have relayed your account of it. On your request for official complaint forms, these are issued by the Service Provider or by the competent consumer authority in the region where the Accommodation is located, and are not documents Booking.com is able to provide.
Having considered everything on file, and in recognition of your long-standing custom with us, we are prepared to make an exception in this case. As a goodwill gesture, and not an admission of liability, we will offer You 1643.50 EUR as travel credit in your Booking.com Wallet, which can be spent towards future bookings made through our Platform. As this is an exceptional offer made outside the applicable policy, it requires your acceptance before we can act on it. If You wish to accept, please confirm in reply to this message and we will arrange for the credit to be added to your Wallet.
In view of that offer and the position of the Service Provider, Booking.com denies liability and rejects the claim for any further compensation. Should You hold any additional documentation You would like considered, or wish us to relay anything further to the Service Provider on your behalf, we remain available to assist.
Kind regards,
Romario W.
CS Legal Support Advisor
Booking.com Customer Service Center (Netherlands) B.V.
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