Issue with 'Cancellation Charge' via Visa

madridista

Hi...first time on the forums. I have an issue which I'd appreciate some help with..... issue occurred in hotel in Berlin. I am UK citizen but Visa Card concerned was my Spanish one.

Beginning of August we booked a family self-catering apartment (within an actual hotel) for 11 days and left credit card details as requested.

On arrival we found that the room was dirty and substandard and next-door to a not very salubrious pub/bar with drunks spilling out on to the street at all hours – our room was on the ground floor. As a family with a young daughter we were slightly perturbed by this but worse was to come….we were unable to sleep at all that first night due to the loud music and constant traffic of visitors to the room above us. We later found out on our return home that this room above was in fact a brothel.

Obviously in the morning we realized that we could not continue in this way for the full 11 days so we paid for that first evening and left.

The problems arose when the hotel debited our credit card 600 Euros (80% of the 11 days) on the basis that their cancellation policy was 0% within 3 days and 80% thereafter. Visa seem to claim this is within their rights as it is a stated (but extortionate) cancellation rate but my argument is that this was NOT a cancellation – we stayed one night and would have stayed all had it been appropriate. In fact we had to find alternate accommodation for the remaining 10 days and thus effectively paid for our holiday twice…. We would not have cancelled and gone somewhere more expensive had the accommodation been as described and suitable for a family.

What are our options in this situation?

opinions4u

Does the card issuer do something like Chargeback?

Pursue the hotel for a refund in the German courts.

If Spain has similar to Section 75 of the Consumer Credit Act, use that.

dalesrider

madridista wrote: »

The problems arose when the hotel debited our credit card 600 Euros (80% of the 11 days) on the basis that their cancellation policy was 0% within 3 days and 80% thereafter. Visa seem to claim this is within their rights as it is a stated (but extortionate) cancellation rate but my argument is that this was NOT a cancellation – we stayed one night and would have stayed all had it been appropriate

What are our options in this situation?

While I understand why you feel it was not a cancellation.
You did cancel, though by walking out. In some ways you were lucky they did not charge the full amount.

Did you raise your complaint with them at the time?
Did you ask if they could relocate you to another room?
ie. Did you give them chance to resolve the problem.

How was the booking made? package holiday, part of a self built package or did you book each part yourself?
How was the hotel advertised?
Did it say it was a quiet family hotel? Or something else.
Did you know where you were going to stay when booking?

Visa does not cover quality issues with chargebacks.

Now as the purchase was over £100 you might have a claim under CCA. But you will have to do a lot of work to get proof of what was advertised and what you recieved.
You are going to have to prove missrepresentation by the hotel.

leicsmarkyr

dalesrider wrote: »

Now as the purchase was over £100 you might have a claim under CCA. But you will have to do a lot of work to get proof of what was advertised and what you recieved.
You are going to have to prove missrepresentation by the hotel.

Only if Spain has a similar act as CCA, the Op used a Spanish card and therefore UK law cannot be used nor suggested

Hominu

Realistically, you paid for a service and received it. It was not upto your expected quality, but that doesn't come into it. If you wanted quality, you should have searched for reviews from other people before booking.

Secondly, at what point did you complain to the hotel? Was the complaint upheld? If you didn't complain, well, then you have nothing to fight with as it then boils down to the cancellation procedure. Although you think it was extortionate, its legal. Some hotels have been known to take 100% of the funds.

jonesMUFCforever

As this is a UK site you need a Martin gringo espanol euro saving site as I don't think anybody here can help you.