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1800hotels.ie have gone bust
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Scarlett253 wrote: »I only found out today that my hotel in Paris for next week is cancelled through an email I got from 1800Hotels. Given they filed for bankruptcy weeks ago, I can't believe they didn't tell people straight away. It's disgraceful!
From several comments here I gather that some people got their money back from their credit card company? Could someone explain to me please how that works? I used my HSBC Credit Card to pay. Can I ask them to refund me the money?
Thanks for any advice!
Hi,
I suspect they had other things to worry about - anyway you need to claim under s75 for cc.
MarkWe’ve had to remove your signature. Please check the Forum Rules if you’re unsure why it’s been removed and, if still unsure, email forumteam@moneysavingexpert.com0 -
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under section 75 you have the legal right to demand the services or goods that you have paid for rather than your money back. So if the hotel prices have gone up in the meantime it would be better to demand that the credit card company provide you with the accommodation you have booked rather than your money back.
Are you sure about this? I went on the website of the Financial Ombudsman and it looks like all you can get is the money back.
Would be great if I could also get the increase in the price of the room. Where do you get the authority from?0 -
Scarlett253 wrote: »Yeah, how best to run away with our money...
.
Hi,
I was actually thinking of all the people who worked for 1800hotels who now don't have a job!!
MarkWe’ve had to remove your signature. Please check the Forum Rules if you’re unsure why it’s been removed and, if still unsure, email forumteam@moneysavingexpert.com0 -
Has anyone actually got a refund back from their credit card provider? Some card companies are warning card holders that you cant claim under section 75 as 1800 are an agent and not a direct supplier.
MSE has a bit on this. Search section 75 and go down to exceptions on MSE main site, i cant post a link as im a new member!!!
Where do we stand?0 -
Hi
For those of your like me who received an email from 1800Hotels on 4 August asking us to download a bankruptcy claims form to post to the court in Florida - there is a much easier way to do this electronically.
I received a very nice email from a lady at the Tampa court Help Desk who told me to follow this link to fill in the claim online: pacer.flmb.uscourts.gov/cmecf/proofofclaim.htm
The form is very easy to complete online, however, you do need to put your telephone number in the US format and make up a state and zip code to ensure it accepts it - you'll work it out after a couple of attempts!
You can also upload a pdf file to prove you are a creditor. I printed to pdf a copy of my original confirmation email from 1800Hotels and attached it to the claim with no trouble at all.
Finally, you can download a copy of your stamped and filed claim and save it on your computer! This is so much easier than following the snail mail advice in the email received yesterday from 1800Hotels. My guess is they are trying to put people off claiming.
I hope this posting helps you.
Good luck
Nigel
:j0 -
Scarlett253 wrote: »Are you sure about this? I went on the website of the Financial Ombudsman and it looks like all you can get is the money back.
Would be great if I could also get the increase in the price of the room. Where do you get the authority from?
This info from the Financial Ombudsman shows that you are not just limited to your money back. You also have a claim for consequential loss. http://www.financial-ombudsman.org.uk/publications/ombudsman-news/31/creditcards-31.htm0 -
This info from the Financial Ombudsman shows that you are not just limited to your money back. You also have a claim for consequential loss.
But is this all possible if the section 75 covers is voided??? Its doesnt say no but looks very grey and lets face it if theres an option not to pay then these companies will be looking for it! I have also been told this pm by a government helpline that because 1800 isnt UK registered theres another get out clause they can use??
Section 75 exception (from MSE itself):
When you buy through third parties. Travel agents, paypal etc.
You’re usually unlikely to be covered when payments are made to a company that isn’t the one providing you with the good or service because the credit card company must have a direct relationship for them to be equally liable.
......buying through a Travel Agent, where it is simply directing you to get a flight from an airline or package holiday from a Tour Operator. You should have ATOL protection for package holidays anyway but flights don’t usually have protection elsewhere. If you're not covered elsewhere, as many travel companies act as an agent of the tour operator, a claim against your card provider could be successful, so give it a try.
In the case of 1800 they pay the bed banks (gta etc) and they book the hotel, its not direct, they are an agent. I would have thought this rule would only apply if it was say the hotel chain that went bust rather than the agent, but apparently it works both ways. Odd and if its true very poor.
To add even further confusion are they technically even bankrupt in the eyes of the law, they have sought chapter 11 bankruptcy protection, is this still considered full bankruptcy in the eyes of claiming, some disagree??
Tried calling the CAB this pm without success, lines busy.0 -
Yes. That's a fair point about travel agency. But if section 75 does not apply then people will have to use the chargeback route as 1800hotels have certainly failed to provide the goods/services. This is limited to refunds and is not a legal right like section 75.0
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The way I understand the exception to s. 75, is that it applies where you want to make a claim against, say, a hotel or the flight operator whose services you booked through the travel agency.
In that case you couldn't claim from your credit card provider because they have an agreement with the travel agency, not with the hotel/airline, etc.
So if you had for instance booked a hotel with 1800hotels, and the hotel went bust, you would not have a claim against the credit card company.
However, given that it is 1800hotels that went bust and not the third party, you do. Your credit card company has an agreement with 1800hotels, not the hotel or flight that you booked.
Hence, s. 75 should apply, if I understand it correctly, that is.0
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