The temporary flat is not what was advertised

Terms used

• Hoja de reclamaciones — The hoja de reclamaciones is an official complaint form that businesses serving consumers must give you on request.
• Denuncia — A denuncia is a formal report of a crime made to the police.
• Estafa — Estafa is the Spanish crime of fraud, where someone takes your money by deceiving you.
• OMIC — The OMIC is your town's local consumer information office, where you can ask for help with a complaint.

Key rules

• Airbnb deadline: Report to Airbnb within 72 hours of discovering the issue, while you are still staying there.
• Complaint form: The hoja de reclamaciones opens an official file but does not itself return your money.
• Fake listing: If the property does not exist or the host cannot let it, use the fraud route with the police, not a misdescription claim.
• Bank transfer: A transfer cannot simply be reversed, so ask your bank for a recall immediately.
• Chargeback: Card chargebacks generally run about 120 days, but some issuers set shorter windows such as 60 days.

Start with the clock

Report the problem the day you find it. Airbnb needs a report within 72 hours of discovering the issue, and you must still be staying there. Booking.com has no single public deadline, but reporting during the stay gives you the best chance. If you paid by card, a chargeback has its own time limit, so do not wait.

First, work out what kind of problem it is

• Misdescribed listing. The place exists and the host answers, but it is not as described. It may have fewer amenities, poorer condition, the wrong size or the wrong location. This is a platform and consumer dispute, and this page covers it.
• Fake listing. The property does not exist, or the "host" has no right to let it. Warning signs are stolen or too-perfect photos, a price far below market, no reviews or copied ones, and pressure to pay by bank transfer, Bizum, crypto or gift cards, or to leave the platform. Other signs are keys that do not work and a real owner who knows nothing about your booking. If this is you, skip to the fraud route below.

The decision below helps you choose.

Document the gap

Do this before you argue with anyone. Photos, video and saved messages are what win these claims. The checklist below lists what to collect. Then tell the host or property about the problem in writing, say what you want (a fix, a price cut, a refund or a move), and keep the reply.

Report to the platform

Airbnb. Contact the host first, then report to Airbnb with photos and details within the 72 hours. Problems that qualify include a flat that is materially different from its description, unclean or unsafe conditions, no access, or promised amenities or bedrooms missing. Airbnb may rebook a similar place or give a partial or full refund. Minor issues and late reports are not covered.

Booking.com. Raise it with the property first, ideally at check-in or during the stay. If it is not solved, contact Booking.com customer service through the app or website with your evidence. It mediates with the property. Remedies include a partial refund, a price adjustment or a move to another property. Some programmes have their own limits, so ask about them when you contact it.

Keep all communication and payment inside the platform. Paying the host directly can leave you without protection.

Use the Spanish consumer route

Ask the business for the hoja de reclamaciones. Hotels, tourist flats and most businesses that serve consumers must keep the form and hand it over when you ask. Fill it in with your details and the facts. Usually one copy goes to the business, one stays with you, and one goes to the regional consumer authority. Many regions also accept it online. In Catalonia it is called a full de reclamació.

The form does not force a refund. It opens an official file, can lead to a fine for the business, and is useful evidence. Private lets that are not run as a business are generally not covered.

Tourist accommodation is regulated by each region, so you can also complain to the regional tourism department or to the regional consumer authority. Your local consumer office (OMIC) can also help. For a dispute with a platform, the European Consumer Centre Spain helps foreigners. Forms, channels and reply deadlines differ by region, so check with the office in the place where the flat is.

Get your money back

• Card. Ask your card issuer for a chargeback. Visa and Mastercard generally allow chargebacks for about 120 days from the transaction or expected service date, with an absolute maximum of around 540 days, and issuers may set shorter windows such as 60 days. Contact your issuer within days.
• Bank transfer. You cannot simply reverse it. Ask your bank straight away for a recall. It works only if the money is still in the recipient's account. Instant transfers are very hard to reverse. If you were tricked into approving the payment, banks often refuse.
• Payment you did not authorise. Tell your bank without delay, and within 13 months at the latest. The bank must refund by the next business day unless it suspects fraud.

If it is a fake listing

Money taken by deception is fraud. File a denuncia for estafa with the Policía Nacional or Guardia Civil. Call 112 if you are in danger. Then report it to the platform, ask your bank for a chargeback or recall, and tell a consumer organisation such as the OCU or the consumer authority. Take the police report to your bank. Screenshots of the listing and chats matter even more here, because the account may vanish.

Find somewhere to sleep

While a claim runs, you may need a new place. Book one with free cancellation, and keep the receipt. Ask the platform whether it will cover the extra cost.

Choosing between options

Is the flat misdescribed, or is the listing fake?

• Claim as a misdescribed listing: The flat exists and the host answers, but it has fewer amenities, poorer condition or a wrong size or location. Claim through the platform, ask for a refund and file a hoja de reclamaciones.

• Use the fraud route: The property does not exist or the host had no right to let it, for example the keys do not work or the owner knows nothing of your booking. File a denuncia for estafa, report to the platform, ask your bank for a chargeback and contact a consumer agency.

If money was taken by deception, mainly through a fake listing or off-platform payment, use the fraud route. If the place is real and the host is reachable, treat it as a platform and consumer dispute.

Timeline and deadlines

• Tell the host or property about the problem in writing: As soon as you find it, ideally at check-in

• Report to Airbnb with photos and details: Within 72 hours of discovering the issue and of checking in

• Contact Booking.com customer service with your evidence: As soon as possible, during the stay or shortly after

• Ask for the hoja de reclamaciones and fill it in: While you are still at the property, if the business is a hotel or tourist flat

• Ask your bank to recall a bank transfer: Immediately, the same day if you can

Evidence to collect when a stay is not as described

• Screenshot the listing, including the web address, photos, price, host name and host profile.

• Take photos and video of the problems as soon as you find them, with timestamps visible.

• Save every message with the host or property (chat, email, WhatsApp, SMS) with dates and times. Do not delete chats or your account.

• Keep the booking confirmation, payment receipts and bank or card statements.

• Keep proof of any bank transfer, showing the recipient's IBAN and name.

• Report the problem to the host or property first, in writing, and keep the reply.

• Report to Airbnb within 72 hours of discovering the issue, while you are still staying there, and send your photos and details.

• Report to Booking.com customer service through the app or website during the stay, with your photos and evidence.

• Keep receipts for extra costs, such as a replacement hotel.

• Write down the platform's case number and your police report number if you filed one.

• Save everything as PDFs or screenshots with visible timestamps, and back it up in a second place.

What to watch out for

• Paying outside the platform: If you pay by bank transfer, Bizum, crypto or gift cards, or leave the platform, you lose its protection and the money is very hard to get back. Pay only through the platform or by card. If you already paid by transfer, call your bank at once and ask for a recall.

• Banks may refuse if you approved the payment: When you were tricked into authorising a payment, banks often refuse to refund it. Tell your bank it was fraud, file a denuncia and ask for a card chargeback if you paid by card.

• A complaint form does not return your money: The hoja de reclamaciones opens an official file and can lead to a fine, but it does not force a refund. File it as well as your platform claim, and keep your copy as evidence.

• Private lets may not be covered: A private, non-commercial let is generally not covered by the complaint form, and a business can claim it has none to give. If the host refuses the form, go to your town hall's consumer office or the regional consumer authority.

• Fake listings need the fraud route: If the flat does not exist or the host had no right to let it, a platform claim alone may not be enough. Report a denuncia for estafa to the Policía Nacional or Guardia Civil, and call 112 if your safety is at risk.

Frequently asked questions

What is a hoja de reclamaciones and can the host refuse to give it to me?

It is an official complaint form, and the host cannot refuse to give it to you.

Who do I complain to in Spain besides the platform?

Start with the regional tourism department, which licenses and inspects tourist accommodation. You can also go to your town hall's consumer office (OMIC) or the regional consumer authority. If you booked through a platform, the European Consumer Centre Spain helps foreigners with disputes.

How do I know if the listing is misdescribed or a fake?

A misdescribed flat exists and the host answers, but it has fewer amenities, poorer condition or a different size or location. A fake listing is one where the keys do not work or the real owner knows nothing about your booking.

Can I get my money back if I paid by bank transfer?

You cannot simply reverse a transfer, but ask your bank for a recall immediately.