My husband and I were recently on holiday in Spain with our adult son. 

On the final day of our stay, hotel staff put a note under his door saying he had been smoking in his room – which he had not – and demanding we pay a €100 fine. 

The hotel offered no evidence or proof.

We went out and, when we returned, the hotel had locked my son’s room and wouldn’t unlock it until we paid. 

We protested, but had a flight to catch, so were forced to pay and leave. Is there anything we can do to get our money back?

A.W., Kent.

Dean Dunham replies: This is outrageous behaviour that borders on extortion. The hotel has breached your contract by locking your son out without proper evidence or due process.

It cannot simply demand money without demonstrating that smoking actually occurred – whether through photographic evidence, witness statements, or specialist detection equipment. A baseless accusation is not grounds for a penalty.

More seriously, detaining your son’s belongings until you coughed up is ­completely unacceptable. This goes beyond a contractual dispute and enters potential criminal territory. 

The hotel staff essentially forced payment under duress by preventing access to personal property when you had an imminent flight.

If you paid the fine by card, contact your bank and make a Section 75 claim (if it was a credit card) or chargeback claim (if it was a debit or credit card and within the past 120 days).

Explain the circumstances and simultaneously write a formal complaint to the hotel’s head office, clearly stating you were coerced into payment and demand a full refund of the €100. Set a 14-day deadline. Keep everything documented.

If you booked through a travel agent or online platform, involve them immediately, or if it was a package holiday, contact ABTA. It has significant leverage with hotels and can escalate complaints.

Forced to pay out for a sub-par sofa 

I bought a new sofa online, but when it arrived, it was uncomfortable and didn’t seem very stable. 

It was also advertised with an adjustable headrest but didn’t have one. I asked to return it, but the company said I’d have to pay £100. Is this allowed?

P. O., Coventry.

Dean Dunham replies: Absolutely not – you have multiple strong grounds to reject this sofa and get a full refund without paying a penny.

Under the Consumer Rights Act 2015, products must match their description. If the company advertised an adjustable headrest and you haven’t got one, that’s a breach of contract. 

The sofa is not as described, entitling you to a full refund within 30 days of delivery. Second, goods must be of satisfactory quality and fit for purpose. 

A sofa that’s unstable arguably breaches both of these requirements. When goods do not match their description or are faulty, the retailer must cover return costs.

I would advise you to put your complaint in writing to the trader, quoting the Consumer Rights Act 2015 and stating clearly that the sofa was mis-described and is therefore rejected.

Demand a full refund, including the original delivery costs, and insist the retailer arranges free collection. 

Give the company 14 days to respond. If it refuses, say you’ll report it to Trading Standards and pursue the matter through the small claims court or Alternative Dispute Resolution.

If you paid with a debit or credit card, you can also make a chargeback claim if you paid within the past 120 days. If it was more than 120 days ago and you paid by credit card, you can make a Section 75 claim.

Whatever route you take, you will need to state that you are claiming your money back, as there has been a breach of contract.

• MoneyMail is very proud to report that Dean Dunham has been awarded Honorary King’s Counsel by King Charles. Mr Dunham was given the honour because he led the development of alternative dispute resolution schemes in aviation, retail and energy. The Ministry of Justice said he had ­‘empowered large numbers of consumers and contributed to the wider public’s understanding of legal rights’.