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Hotel not open do I get a refund on non refundable booking?


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I booked a Hotel in Newcastle on the 23rd of May (2 rooms) through booking.com,

the event I was going to is cancelled and the Hotel/pub has next to no chance of being open,

so even if I wanted to just make use of the hotel I can't.

 

The problem is I booked non refundable but surely if the hotel itself is not open I can be refunded?

I have looked around and I am getting mixed signals.

 

The hotel say take it up with booking.com and booking.com aren't answering any emails?

 

Does anyone know where I stand?

 

Thanks Paul

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How much do you pay? And did you pay by credit card?

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£220

I would have to check on my bank statement but its showing in my paypal account as a transaction but sure I paid by debit card, I don't own a credit card

 

Yes, paid by Debit card

Edited by karel35
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Do what I did with booking.com. Email the CEO.Got a refund in 24 hours. That was after being messed about for months. Their customer service are notoriously bad.

 

Sorry that was Opodo, but I'd recommend you doing the same for Booking.com

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ceoemail.com

please don't hit Quote...just type we know what we said earlier..

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

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Any service paid for under the current circumstances that either you cant use or they cant provide because of Covid is refundable..they are breaking the law.

 

Andy

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Not trying to be difficult, just interested, but which law are they breaking?

 

H

  • Haha 1

44 years at the pointy end of the motor trade. :eek:

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The consumers protection pursuant to the Consumer Rights Act  2015 and Consumer Contracts Regulations.

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Would section 75 be applicable in this case? if the OP payid the broker, I am unsure TBH.

 

Which section Andy>

 

There could be a duty of care issue in that the hotelier hadn't insured himself or his business for such an unexpected occurrence.

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The issue I have is I use Booking.com an awful lot. It's very clear that the cheapest deals are those which have a no refund term. They are very clearly identified.

I personally  would never use these, sometimes very good, deals if there was ANY chance of me wishing to cancel. An 'Event' is just too risky. However people are still tempted by the cheap deals and then fall back on ambiguous 'Acts' and 'Regulations' when it all goes wrong.

 

I'm all for action against hidden terms but in Booking.com's defence the poster would have known exactly what was going on.

 

You can't have the cake of cheap prices and then refuse to eat it when you don't like the cake.

 

My opinion, many will disagree. 

 

H

Edited by Hammy1962

44 years at the pointy end of the motor trade. :eek:

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Quote

I'm all for action against hidden terms but in Booking.com's defence the poster would have known exactly what was going on.

You can't have the cake of cheap prices and then refuse to eat it when you don't like the cake.

 

You can...during this unprecedented climate...its an unfair term....consumer protection is king. 

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I suppose that Booking.com could end these cheap deals, make everything refundable under any circumstances and increase the prices offered to cover the extra expenditure and any loss caused by block bookers who cancel at the last minute.

 

Then everyone pays the inflated prices.

 

Consumer protection may be king, but in this case, the consumer needed protecting from themselves. Booking.com terms are clear, not unfair.

 

I sure if the OP makes enough noise Booking.com will cave in, but that is not the point I'm trying to make.

 

H

 

 

44 years at the pointy end of the motor trade. :eek:

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Well thats a matter for Booking.com to consider and their business model...if the only way to operate their business offering cheap deals but not in line with UK Legislation...thats their choice...personally I would rather pay a bit more and have full protection and satisfaction that Im legally entitled to a refund of my money for something that I have paid for and not been able to have use of....in times like this.

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Booking.com's offer of cheap deals in no way falls foul of 'UK Legislation' whatever that is. Paying for something and not being able to have use of it is not an automatic right to a refund.

Even 'in these times'.

 

The OP booked a discounted rate hotel room based on a clear non-refundable rate. Now they want a refund.

 

Anyway, I'm out before I get banned. 😀

 

H

Edited by Hammy1962

44 years at the pointy end of the motor trade. :eek:

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Quote

I'm all for action against hidden terms but in Booking.com's defence the poster would have known exactly what was going on.

 

I have no clue what is going on, that's why I am on here asking, someone tells me I am screwed then I accept it, I'm looking for a legal standpoint as to me the non refund stands if I pull out, not if they can't supply the service.

Edited by karel35
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But thats the main point " they cant supply the service " therefore they are in breach of contract...you dont cancel.

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I thought the contract signed said, no return.

How is it breached please.

 Suppose if it were the fault of the owner, he would have to pay  damages.

Where did he go  on his hollies.

DO NOT PAY UPFRONT FEES TO COLD CALLERS PROMISING TO WRITE OFF YOUR DEBTS

DO NOT PAY UPFRONT FEES FOR COSTLY TELEPHONE CONSULTATIONS WITH SO CALLED "EXPERTS" THEY INVARIABLY ARE NOTHING OF THE SORT

BEWARE OF QUICK FIX DEBT SOLUTIONS, IF IT LOOKS LIKE IT IS TO GOOD TO BE TRUE IT INVARIABLY IS

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Ok so I'm back, I know!!!

 

Just to point out that it's breach of contract now, none of that legislative guff.

I bet the 'Contract' didn't say anything about Covid-19.

 

Any port in a storm......................................

 

H

44 years at the pointy end of the motor trade. :eek:

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Surely the problem the OP has is that the hotel he's booked into isn't closed (yet), so at the moment, if he doesn't turn up, he's definitely lost his money. 

 

If the hotel does close then he needs to try to get his money back.  Problem is, I have some sympathy with Hammy1962's opinion.  It's not the hotel's fault and it's not the OP's fault this has happened.  And the OP intentionally purchased cheaper non-refundable tickets.  I don't really see the covid situation affects that.

 

What sort of worries me here is the wider impact of these sort of circumstances.  The way things are going (and I'm mindful of what the Competition and Mergers Authority said last week) there's going to be an enormous number of hotel/travel firms/travel agents/booking firms/event organisers getting flooded with refund claims that they almost certainly won't be able to honour now that their cashflow has entirely dried up.  I'd be the first to stick up for consumer rights in normal circumstances, but these aren't normal circumstances and if a lot of companies go to the wall as a result of paying out refunds, that certainly will not be in the long term interests of consumers.

 

I don't know what the answer is - I just don't necessarily think it's a straightforward "you have a right to a refund under such and such consumer legislation", when that legislation was not drafted with the current situation in mind.

 

That's just my opinion.  I think it's easy to lose sight of the forest for the trees.

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Topic title states " Hotel not Open " ?  Perhaps the OP can confirm.

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why would any of these sites offer cheap hotel rooms 'because' it gains them a profit as there can be no refunds....I will guess that's got nothing to with why they are cheap..neither because buying cheap somehow removes all your consumer rights..very strange business model if these were true..

please don't hit Quote...just type we know what we said earlier..

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

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13 hours ago, Andyorch said:

Topic title states " Hotel not Open " ?  Perhaps the OP can confirm.

 

I think the OP is asking the hypothetical question "What if the hotel isn't open?"  I think they've already asked the hotel "What if..." and have been referred to booking.com

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17 hours ago, Hammy1962 said:

Ok so I'm back, I know!!!d not contain such a clause.

Just to point out that it's breach of contract now, none of that legislative guff.

I bet the 'Contract' didn't say anything about Covid-19.

 

Any port in a storm......................................

 

H

I am unsure what is meant here, but if the booking contract says that there are no refunds upon an event the owner has no control over(act of god), and it would be a very poor contract indeed that didn't contain such. Your stuffed.

DO NOT PAY UPFRONT FEES TO COLD CALLERS PROMISING TO WRITE OFF YOUR DEBTS

DO NOT PAY UPFRONT FEES FOR COSTLY TELEPHONE CONSULTATIONS WITH SO CALLED "EXPERTS" THEY INVARIABLY ARE NOTHING OF THE SORT

BEWARE OF QUICK FIX DEBT SOLUTIONS, IF IT LOOKS LIKE IT IS TO GOOD TO BE TRUE IT INVARIABLY IS

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