Are Hotel Resort Fees Mandatory, And Can I Dispute Them?

Hotel resort fees are additional charges imposed by many hotels, especially in popular tourist destinations, which cover the cost of amenities and services such as Wi-Fi, pool access, fitness centers, and more. While these fees are common, they have sparked controversy due to their lack of transparency and potential for surprise charges. Understanding whether these fees are mandatory and how you can dispute them is essential for protecting your rights as a hotel guest.

1. Are Resort Fees Mandatory?

Resort fees are not universally mandated by law; rather, they are set by the individual hotel or resort. However, the way they are presented and applied can vary, and their mandatory nature depends on the hotel’s policies and the location where you are staying.

• Hotel Policy: Resort fees are typically mandatory if they are part of the hotel's pricing structure. If a hotel clearly states a resort fee as a required charge in their booking terms and conditions (either on the hotel's website, on third-party booking platforms, or in the booking confirmation), it becomes part of the total cost of the stay. If you book the hotel knowing about the resort fee, you're agreeing to pay it.
• Disclosure Requirement: In many places, laws require hotels to fully disclose resort fees at the time of booking. If a hotel fails to do so, the resort fee may be considered an unfair practice or deceptive marketing. This is particularly true in jurisdictions with strong consumer protection laws (like the U.S. or the EU).

2. Can I Dispute Resort Fees?

Yes, in certain situations, you may be able to dispute resort fees, especially if they were not clearly disclosed at the time of booking, or if the services they cover are either not available or not as advertised.

Here are some ways you can dispute resort fees:

1. Lack of Clear Disclosure

• Before Booking: If you were not informed about the resort fee upfront—during the booking process or on the website—you may have grounds to dispute the fee. Under consumer protection laws in many jurisdictions, hotels are required to clearly disclose all mandatory charges, including resort fees, before you confirm your reservation.
• During Booking: If the resort fee is hidden or presented as part of the room rate but is not broken out clearly, you might have grounds for a complaint. Websites like Expedia, Booking.com, or the hotel's own site are expected to clearly show the total price, including all fees, before you finalize your booking.
• After Booking: If the fee was not disclosed during the booking process but you are charged it later, you can dispute it directly with the hotel. If the hotel cannot provide adequate justification for the charge, you may be entitled to a refund of the fee, especially if it was not clearly communicated.

2. Not Using Resort Amenities

• Non-usage of Amenities: If you don’t use any of the amenities covered by the resort fee (such as Wi-Fi, fitness center, or pool access), you may be able to argue that you should not have to pay the fee. Some guests have successfully negotiated with hotels for a partial reduction or full waiver of the resort fee if they were unable to access or did not use the advertised amenities.
• Reduced Services: If the hotel is not providing the full set of amenities due to maintenance, restrictions, or other reasons (for example, if the pool or gym is closed), you may be able to dispute the resort fee based on the diminished value of the services offered.

3. Deceptive Advertising or Unfair Practices

If the resort fee was not disclosed at all or was misleadingly advertised, you might be able to file a complaint with consumer protection agencies or even pursue a legal claim. For example, in the U.S., the Federal Trade Commission (FTC) has taken action against hotels that do not clearly disclose mandatory fees.

4. Speak with Management

• If you’re already at the hotel and feel the resort fee is unjustified or excessive, talk to the hotel’s management or front desk staff. Politely request that the fee be waived or reduced, especially if you didn’t use the amenities or if the services were not as advertised. Many hotels will offer a resolution, particularly if you have a valid reason, such as a lack of access to amenities.
• Be Prepared: When disputing resort fees, it’s helpful to have specific reasons why the fee should be waived (e.g., not using amenities, inaccurate advertising, lack of full access to services).

3. What Happens If I Don’t Pay the Resort Fee?

If you refuse to pay the resort fee upon checkout:

• Check-In Terms: Depending on the hotel’s policies, they may not allow you to check out until you settle all outstanding charges, including the resort fee.
• Room Access: If you check out without paying, the hotel may charge your credit card for the amount owed.
• Legal Action: In some extreme cases, especially if you refuse to pay after being clearly informed of the fee at booking or check-in, the hotel could pursue legal action to collect the fee. However, this is rare unless the amount is substantial.

4. Steps to Take to Avoid Resort Fees

If you want to avoid or minimize resort fees, consider the following tips:

• Research Before Booking: Always check the fine print when booking a hotel to ensure that you are aware of all charges, including resort fees. If the fees aren’t disclosed upfront, consider booking elsewhere or contacting the hotel directly to clarify.
• Look for Hotels with No Resort Fees: Some hotels advertise that they do not charge resort fees. Websites like Resort Fee Checker or reviews on travel forums can help you find options that don’t include these extra charges.
• Ask for Waivers or Reductions: If you’re charged a resort fee but don’t plan to use the services, politely ask the hotel if they can waive or reduce the fee. Some hotels may be willing to accommodate such requests, especially for loyal customers or if you’re staying for an extended period.

5. Example:

Imagine you book a hotel in Las Vegas, and the rate for your room is $150 per night. However, when you check out, the hotel charges you an additional $35 per night as a resort fee for Wi-Fi, gym access, and pool services. You didn't use any of the amenities, and the hotel did not disclose the resort fee during the booking process, leading to frustration and surprise.

You speak with the hotel manager and explain that you were not informed of the resort fee beforehand and that you did not use the services. The manager agrees to reduce the fee by 50% as a goodwill gesture, lowering your total cost. If you hadn’t been able to resolve the issue, you could have disputed the fee with your credit card company or filed a complaint with consumer protection authorities for deceptive advertising.

In Summary

While resort fees are often mandatory once disclosed at the time of booking, they can be disputed under certain circumstances, such as lack of disclosure, non-use of amenities, or misleading advertising. To avoid resort fees, research your hotel booking carefully and ask about the fees upfront. If you do encounter a resort fee you feel is unfair, try speaking with the hotel management or file a complaint if it was not properly disclosed. Consumer protection laws in many regions can help protect you from deceptive or hidden charges.