The booking was paid months ago and, when you arrive, the hotel says there is no room. Or the apartment exists, but it is not the one in the photos. Or, back home, a charge for alleged damage shows up on your card. When the hotel, the host or the platform operates in Brazil, the Brazilian Consumer Protection Code applies, and it protects foreign visitors just as it protects Brazilians.
This guide explains what you can demand in each situation and how to claim if you have already gone home.
The platform is liable too
Under Brazilian law, Airbnb, Booking and other booking platforms are not mere intermediaries: they advertise the place, process the payment, charge a commission and set the cancellation policy. That puts them in the service supply chain, and they are jointly liable with the hotel or host for damage to the consumer (arts. 7, sole paragraph, and 25, § 1, of the Consumer Protection Code). Liability is strict: there is no need to prove fault (art. 14).
In practice, you can claim against the platform, the hotel, or both. Airbnb and Booking have companies incorporated in Brazil, which makes it easier to sue them here.
Booking cancelled or not honoured
If the host cancelled at the last minute or the hotel did not honour your booking, you may choose (art. 35 of the Consumer Protection Code) to:
- demand the accommodation you booked;
- accept an equivalent one; or
- cancel and get your money back, adjusted for inflation, plus damages.
A refund of the booking is the minimum, not the maximum. You can also claim the losses the cancellation caused: the price difference for last-minute accommodation, extra transport, and lost nights or tours. Moral damages depend on the circumstances: a cancellation weeks in advance with an equivalent alternative rarely leads to them; a cancellation on arrival, in high season or with children is where courts usually recognise them.
The place didn't match the listing
Whatever the listing shows binds whoever published it: photos, number of bedrooms, air conditioning, view, location (art. 30). If reality is different, you have the same options under art. 35, and a listing with false information is misleading advertising (art. 37). If you decide to stay, you can ask for a proportional price reduction (art. 20, III).
Platforms require you to report the problem quickly. On Airbnb it is currently 72 hours from when you find it (check the current deadline in the platform's terms). So:
- take dated photos and videos on arrival, before unpacking;
- complain through the app or in writing to the hotel, not only by phone;
- save a screenshot of the listing as it was: listings get edited after complaints.
Card charges after you left
A charge for damage you don't recognise, or for a fee that was not in the offer (an "extra" cleaning fee, a deposit requested outside the platform, surcharges made up on the spot), can be disputed. What was not in the offer cannot be charged. If the platform tells you the host has filed a claim, reply within the deadline and send your check-out photos.
If the charge has already gone through, ask your card issuer to dispute it under your bank's rules. In Brazil, anyone who pays an undue charge is entitled to twice the amount overpaid, unless the supplier's error was justifiable (art. 42, sole paragraph).
If you paid outside the platform
When payment was made by bank transfer or Pix outside the app, the platform is usually not liable, because its terms forbid off-platform payments. The route then is your bank and a police report. See Tourist scams in Brazil.
Cameras inside the property
Since 2024, Airbnb has banned cameras in any indoor area of a listing, even if they are disclosed. Finding a recording device in a bedroom, living room or bathroom violates privacy (art. 5, X, of the Brazilian Constitution, and art. 21 of the Civil Code) and gives rise to moral damages. Photograph it without touching it, file a police report (Rio de Janeiro has a special police station for tourists, the DEAT), notify the platform and leave: rehousing you is the platform's responsibility.
What to do now
- Gather the booking, the listing, the messages and the photos.
- Complain in writing to the platform or hotel and keep the reply, or the silence.
- Don't accept a voucher for a future trip if it doesn't cover what you lost.
- Keep receipts for everything you spent to solve the problem.
The deadline to claim damages for a faulty service is 5 years (art. 27 of the Consumer Protection Code), but evidence disappears much sooner.
How to claim from your home country
You don't need to stay in Brazil: the power of attorney is signed by hand and sent scanned, and the lawyer represents you in the proceedings.
Costs. Going to court in Brazil is not free: there are court fees when the case is filed, the lawyer's fees and, if the case is lost, the other side's attorney fees. People who live outside Brazil may also have to post a security deposit. Everything is explained before you decide: see Claiming in Brazil while living abroad.
Frequently asked questions
Are Airbnb or Booking liable if the host or hotel cancelled my booking?
Yes. Under Brazilian law the platform is part of the service chain and is jointly liable with the host or hotel. Besides the refund, you can claim proven losses and, depending on the circumstances, moral damages.
The place wasn't the one in the listing. Can I leave and get everything back?
Yes. The offer is binding (art. 30 of the Consumer Protection Code) and you can cancel the contract with a refund and damages. Notify the platform within its deadline, take photos and keep the original listing.
I was charged for damage after I left. What should I do?
Ask for the details of the charge in writing, answer the claim with your check-out photos and ask your card issuer about disputing it. In Brazil, an undue charge that was paid entitles you to twice the amount, unless the error was justifiable.
