Do Hotels Have The Right To Add Service Charges For Amenities I Don’t Use?

Generally, hotels should not charge service fees for amenities or services that you don’t use, unless those fees are clearly disclosed and part of the hotel’s standard policies. However, some hotels do include mandatory service fees that cover general services (like resort amenities, housekeeping, or Wi-Fi) that may apply regardless of whether you use them. These fees should be disclosed in advance, typically at the time of booking or check-in, so you are aware of any non-optional charges.

When Hotels Can Charge Service Fees for Unused Amenities:

1. Resort Fees and Service Charges: Many hotels, particularly in popular tourist destinations or resorts, charge a mandatory resort fee or service charge. These fees often cover access to amenities like the pool, gym, Wi-Fi, or concierge services, regardless of whether you actually use them. Resort fees are often non-negotiable and are added to the room rate at check-out. While these fees are not for specific services you use, they are considered a standard fee for staying at the property. However, the hotel must disclose these fees at the time of booking or in the room rate breakdown to avoid misleading guests.
2. Disclosed in Booking Terms: If the hotel clearly discloses the service charges in the booking process (either on their website or through booking platforms), and these fees are applied regardless of usage, they are generally legal. This is especially true for resort-style hotels that include amenities like pools, spas, or fitness centers, where the cost of maintaining those amenities may be rolled into the service charge. For example, if the hotel charges a $20/day service fee that covers Wi-Fi, access to the fitness center, and daily newspapers, even if you don’t use those services, you are expected to pay the fee if it was part of the terms when booking.
3. Clear and Upfront Disclosure: The key factor is transparency. Hotels must make these charges clear and provide advance notice when booking the room. If the service charge is hidden or not disclosed before check-in, the hotel may be violating consumer protection laws or engaging in deceptive business practices. If a hotel adds a service fee at check-in or after the booking is confirmed, and the charge wasn’t previously disclosed, it may be possible to contest the fee or ask for it to be removed. Some jurisdictions have specific rules requiring that all fees be disclosed upfront, including any mandatory service or resort charges.

When Hotels Cannot Charge Service Fees for Unused Amenities:

1. Lack of Disclosure: If the hotel did not disclose the service charge or resort fee at the time of booking, you may have grounds to dispute the charge. If you were not informed that a service fee would be charged (or that certain amenities would be included in the fee), you can request a refund or adjustment to the charge. Transparency is key in these situations.
2. Opt-out Options: Some jurisdictions or hotel chains have implemented policies where guests can opt-out of certain service charges. For example, if a hotel charges a service fee for amenities you don't want or plan to use, they may allow you to waive the fee, especially if those amenities are not part of the hotel's core offering (such as parking, breakfast, or room service). If you are not using specific amenities (like the pool, gym, or spa), but the hotel insists on charging a fee for these services, you may ask if the charge can be removed. Negotiation may be possible if the fee is not disclosed upfront.
3. Unreasonable or Excessive Charges: If the hotel’s service fees are excessive or unreasonable (for example, charging a high fee for basic services like Wi-Fi), you may be able to challenge the fee with the hotel management or through a consumer protection agency, especially if the fees are disproportionate to the actual cost of services provided.

Steps to Take If You Disagree with Service Charges:

1. Review Booking Terms: Before disputing a service fee, review the terms and conditions of your booking, including the hotel’s website or confirmation email. Check if the service fee was mentioned and if the hotel has clearly explained what the fee covers.
2. Ask for a Breakdown: If the service charge feels unfair or unexpected, ask the hotel for a breakdown of the charges. They should be able to explain what the fee covers, and if it was not used or applicable to your stay, they may be willing to adjust or waive the charge.
3. Dispute the Charge: If the charge was not disclosed upfront or seems unreasonable, contact the hotel’s management or customer service. If you are still dissatisfied, you can escalate the issue by contacting a consumer protection agency or submitting a formal complaint to the hotel or booking platform. If you paid by credit card, you may also dispute the charge with your credit card issuer, especially if the fee was hidden or unjustified.

Example:

Suppose you book a hotel room for $100 per night, but upon checking out, you are presented with an additional $30 resort fee that covers amenities such as Wi-Fi, gym access, and pool usage, none of which you used. If this fee was disclosed when you made the reservation, the hotel is within its rights to charge it. However, if the fee was not mentioned upfront or was only added at check-in, you can ask for it to be removed or adjusted.

Conclusion:

Hotels can charge service fees for amenities that you don’t use, but they must disclose these fees upfront when you book or check in. If the fee is not disclosed in advance or seems unreasonable, you can challenge or dispute the charge with the hotel management or through consumer protection channels. Always check the fine print when booking to understand any mandatory service or resort fees that may apply to your stay. Transparency and communication are essential in these situations, and you have the right to ask for adjustments or waivers if the charges were not properly disclosed.