Consumer RefundsHotel and Private Residence Rental Reservation Refunds

Section § 1748.80

Explanation
This law section provides definitions for terms related to booking accommodations in California. It defines a 'hosting platform' as described in another legal code, outlines what constitutes a 'hotel' and excludes residential hotels, explains what a 'third-party booking service' is, and specifies that a 'short-term rental' is any residential dwelling rented for 30 days or less.
For purposes of this chapter:
(a)CA Civil Law Code § 1748.80(a) “Hosting platform” has the same meaning as defined in Section 22590 of the Business and Professions Code.
(b)Copy CA Civil Law Code § 1748.80(b)
(1)Copy CA Civil Law Code § 1748.80(b)(1) “Hotel” means a hotel, motel, bed and breakfast inn, or other similar transient lodging establishment located in this state.
(2)CA Civil Law Code § 1748.80(b)(2) “Hotel” does not include a residential hotel, as defined in Section 50519 of the Health and Safety Code.
(c)CA Civil Law Code § 1748.80(c) “Third-party booking service” means a person that facilitates the booking of a hotel room or short-term rental in this state.
(d)CA Civil Law Code § 1748.80(d) “Short-term rental” means a residential dwelling, or any portion of a residential dwelling, that is rented to a person or persons for 30 or fewer consecutive days and that is located in this state.
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Section § 1748.81

Explanation

If you book a hotel or short-term rental in California at least three days before your check-in date, you can cancel it without any fees for up to 24 hours after you make the reservation.

A hosting platform, hotel, third-party booking service, or short-term rental shall allow a reservation for a hotel accommodation or a short-term rental located in California to be canceled without penalty for at least 24 hours after the reservation is confirmed if the reservation is made 72 hours or more before the time of check-in.
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Section § 1748.82

Explanation

This law states that if you cancel a reservation in line with Section 1748.81, any business involved in your booking, like a hotel or rental platform, must refund all the money you paid, within 30 days, back to your original payment method. This includes refunding any extra fees you paid for optional services.

(a)CA Civil Law Code § 1748.82(a) If a consumer cancels a reservation pursuant to Section 1748.81, the hosting platform, hotel, third-party booking service, or short-term rental shall issue a refund to a consumer of all amounts paid to the hosting platform, hotel, third-party booking service, or short-term rental to the original form of payment within 30 days of the cancellation of the reservation.
(b)CA Civil Law Code § 1748.82(b) The refund required by this section shall include a refund of all fees charged to the consumer for optional services.
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Section § 1748.83

Explanation

This law outlines who can take legal action for violations of a specific chapter: the Attorney General, district attorneys, city attorneys from large cities, county counsels from counties with large cities, and city prosecutors with district attorney approval. Violators may face civil penalties up to $10,000 per violation, with penalties based on factors like the misconduct's severity, persistence, and the violator's financial situation. Each day in violation counts as a separate violation. These duties add to, not replace, any other legal obligations.

(a)CA Civil Law Code § 1748.83(a) An action for a violation of this chapter may be brought only by any of the following:
(1)CA Civil Law Code § 1748.83(a)(1) The Attorney General.
(2)CA Civil Law Code § 1748.83(a)(2) A district attorney.
(3)CA Civil Law Code § 1748.83(a)(3) A city attorney of a city having a population in excess of 750,000.
(4)CA Civil Law Code § 1748.83(a)(4) A county counsel of any county within which a city has a population in excess of 750,000.
(5)CA Civil Law Code § 1748.83(a)(5) With the consent of the district attorney, a city prosecutor in a city that has a full-time city prosecutor.
(b)CA Civil Law Code § 1748.83(b) In an action alleging a violation of this chapter, the court shall assess a civil penalty of not more than ten thousand dollars ($10,000) for each violation. In determining the amount of the civil penalty, the court shall consider any of the relevant circumstances presented by any of the parties to the case, including, but not limited to, all of the following:
(1)CA Civil Law Code § 1748.83(b)(1) The nature and seriousness of the misconduct.
(2)CA Civil Law Code § 1748.83(b)(2) The number of violations.
(3)CA Civil Law Code § 1748.83(b)(3) The persistence of the misconduct.
(4)CA Civil Law Code § 1748.83(b)(4) The length of time over which the misconduct occurred.
(5)CA Civil Law Code § 1748.83(b)(5) The willfulness of the misconduct.
(6)CA Civil Law Code § 1748.83(b)(6) The defendant’s assets, liabilities, and net worth.
(c)CA Civil Law Code § 1748.83(c) Each day that a defendant remains in violation of this chapter shall constitute a single violation.
(d)CA Civil Law Code § 1748.83(d) The duties and obligations imposed by this chapter are cumulative with any other duties or obligations imposed under other law and shall not be construed to relieve any party from any duties or obligations imposed under other law.
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Section § 1748.84

Explanation

This section basically says that certain types of reservations aren't covered by the rules in this chapter. If you've got a reservation at a special rate that wasn't publicly advertised, one that was confirmed before July 1, 2024, or a booking where you find out the hotel or rental after it's booked, this chapter doesn't apply.

This chapter does not apply to a reservation that meets any of the following criteria:
(a)CA Civil Law Code § 1748.84(a) The reservation was made for a negotiated rate that was not advertised, or otherwise made available, for booking by the general public.
(b)CA Civil Law Code § 1748.84(b) The reservation is for a hotel accommodation or short-term rental reservation that was confirmed before July 1, 2024.
(c)CA Civil Law Code § 1748.84(c) The reservation is one in which the specific hotel or short-term rental is not disclosed to the consumer until after the booking is confirmed.
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