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

[Hammy1962]

Sorry, it was a bit vague. The point I was trying to make in the post above is that other posters have said the OP has 'The consumers protection pursuant to the Consumer Rights Act  2015 and Consumer Contracts Regulations' . on their side. With an accusation that Booking.com's actions could be illegal when in fact nothing has actually changed to these acts or regulations with regard to the Pandemic.

 

Then further down, 'its an unfair term', which is ambiguous at best.

 

Then further down, 'breach of contract', which it is, on the face of it, not.

 

My view is these snippets and soundbite's all look very good but have no basis in law and would fail the test if they ever got in front of a Judge.

Most of the time companies give in for peace and quiet and to avoid adverse publicity.

 

Any Port in a Storm................ A ship in distress will seek shelter in any port (or phrase!) it doesn't matter whether it is relative or not, just flailing about in the dark. 

 

I expect to be banned or end up a Mod after this!!

 

H

Edited May 5, 2020 by Hammy1962

[Peterbard]

Firstly you can forget about section 75 protection.

You say you paid by paypal so it is not applicable.

Also the broker is not the supplier.

 

You could try a common law suit against the creditor, or if the applicable sections of the mentioned acts,(which I have yet to see) are used.

[karel35]

Its a pub/hotel and is closed and won't be open in 3 weeks

 

It states PayPal in my PayPal account but I am sure it was paid on a debit card,

PayPal shows up if they use that as a payment service their end these days.

 

Who would have my money now?

The broker or the hotel as this is obviously shared as a percentage between both, so I am unsure who to chase up.

[Hammy1962]

How about, if the booking was to stay for an Event, try and bank the booking for when, if, the event goes ahead. I would expect that if this is agreed it will be on a Goodwill basis but it might be your best bet.

 

H

[dx100uk]

if you paid by debit card go do a chargeback to your bank.

the fact the receiver used paypal as their chosen way to receive their payment is immaterial in this case.

[Kyosanto]

I cancelled a non refundable booking in April with booking.com. It wasn't a problem and the app even invited me to do so.

 

They are actually being flexible, so puzzled as to why the OP can't get a refund. You should be able to log in your account and just cancel.

 

I hadn't paid, mind, but it was definitely non ref. Had you paid yours already?

[Peterbard]

On 05/05/2020 at 19:11, karel35 said:

Its a pub/hotel and is closed and won't be open in 3 weeks

 

It states PayPal in my PayPal account but I am sure it was paid on a debit card,

PayPal shows up if they use that as a payment service their end these days.

 

Who would have my money now? and the 

The broker or the hotel as this is obviously shared as a percentage between both, so I am unsure who to chase up.

 

Yes but Paypal would have been the payee, so they are a fourth person, in the chain, section 75 says there can only be three. 

 

customer creditor supplier. you, the card, holidays company

 

You need to try Chargeback. But first have a look at your card t and c's see if the creditor has their own procedure.

 

If not, ring them and tell the you want to reclaim the money under the chargeback facility. You need  to do this within 6 months of finding out about the problem.

 

The situation is that, if you have paid using money already in your PP account you CANOT claim.

If, as you have done,  paid by check and they credit it to their account you can.

 

You can also contact the FOS, just ring them and they  will tell you if you have a case.

 

If any of these avenues fail, ensure to ask for a final decision letter, as it will help later on.

 

 

 

[Hammy1962]

Peterbard, the OP took advantage of a discounted rate which had a condition attached to it that it would be\will be, non refundable.

 

On what grounds should the OP now claim a chargeback?

 

H

[Peterbard]

That goods/services were not provided. The discounted price or condition would make no difference. The action would be failure to supply 

[Kyosanto]

I'm going to mention it again. Booking.com does allow for cancellations due to coronavirus, even if non refundable, providing you made the booking before the 6th of April.

 

The wording is a bit vague, but according to them you will get cancellation options if you log into your account (which is what happened to me).  Full deets here: https://www.booking.com/covid-19.en-gb.html

 

 

 

You may be able to cancel due to the circumstances related to Coronavirus. However this is dependent on several factors, including your destination, the date you made your booking, your departure date, your arrival date, your country of origin, and your reason for travelling.

If your cancellation falls under this category the property is obliged to provide a refund or offer a free date change or a credit for future stay.
Please sign in and select the relevant booking to see your options.

•  

[Peterbard]

It says this.

 

If your booking is no longer free to cancel or is non-refundable, you may incur a cancellation fee. Properties can also choose to change the dates of your reservation at no extra cost, so it’s worth contacting the property to see if this is possible.

 

You must not cancel, you may lose your money. You are correct, it is a convoluted mess, there may be a reason but not for me to y.

 

No they must cancel and refund. Further back, did you mentioned an ATOL certificate, which you were advised you couldn't use?

 

Did this have the correct booking reference on it?

[Peterbard]

On 20/05/2020 at 11:42, Hammy1962 said:

Peterbard, the OP took advantage of a discounted rate which had a condition attached to it that it would be\will be, non refundable.

 

On what grounds should the OP now claim a chargeback?

 

H,

 

Cancellation refunds are to protect the buyer on the occasion that he is unable to travel; for medical reasons or whatever.

 

It is taken out by the traveller not the supplier, and covers him for the failure of the supplier.

[Hammy1962]

What??? Just doesn't make sense.

 

Anyway. Does anyone remember that 80's sitcom with Richard Briers and Penelope Wilton - Ever Decreasing Circles.................................

 

Must be the Sun

 

H 

[Peterbard]

Makes perfect sense. I think you are looking at this the wrongly 

 

Your confusing cancellation by the buyer and breach of contract by the supplier, apple and oranges.

 

The legislation has nothing that may help I am afraid.

[Hammy1962]

What legislation?

 

H

[Peterbard]

Was it the unfair terms or something which was mentioned earlier.

 

Wont help. the 2015 act

[Peterbard]

"Anyway. Does anyone remember that 80's sitcom with Richard Briers and Penelope Wilton - Ever Decreasing Circles................................."

 

Yes I do.

Felicity Kendal, and some other people in it

.No wait a minute. no that was the Goodlife wasn't it?

Both had Richard Briers though.

Edited May 31, 2020 by Peterbard