Advice - Cancellation fee taken from cc out side of terms of agreement

foodiefloozie

Hello

I need some advice on what will happen next:

I made a hotel booking over the phone and gave my cc card details to secure it. I was told the cancellation policy was 7 days notice. I received an email with no details of the cancellation policy.

10 days before we were due to go, I cancelled the booking.

The hotel (its a restaurant with rooms) owner went ballistic and told me that my reason for cancelling was ridiculous (bad weather) and therefore they were taking the 50% cancellation from my cc.

I pointed out that the terms are 7 days and the reason for cancellation is actually none of their business.

I have contacted my cc card company, they have taken the money and the cc card company have sent they will issue a form so I can say that the payment was fraudulent (I have the email exchanges as evidence that they recognise that I have the right to cancel, it is the reason that I have cancelled that have riled them.

I have been threatened via an email of "See you in small claims court" if I dispute their payment.

Do you think I will get the money back through my cc company?
Or will I have to go to small claims court?

Its not the money, its the principle of the fact that he has abused having my credit card to take payment when he is notlawfully allowed to...

dalesrider

Not if they go the fraud route you won't..... Retailer will simply provide your details on the booking and you will be redebited.

They should be disputing this under the cancelled hotel c/b. (not sure which it is exactly)

System

It is fraudulent transaction - the OP cancelled their order; also was the hotel's authorisation to use card details.

dalesrider wrote: »

Not if they go the fraud route you won't..... Retailer will simply provide your details on the booking and you will be redebited.

They should be disputing this under the cancelled hotel c/b. (not sure which it is exactly)

Buzby

It is most certainly a dispute. It is NOT fraud - which is tightly defines in law. Any chargeback (if the CC agrees) will include an indemnity - this means you will pay the CC's costs should the hotelier sue.

Can you prove the 7 day cancellation period in writing? If not, did you record the call where it was explained you had 7 days to cancel - without corroboration you are very much disadvantaged.

I have some sympathy with the owner - how can you cite weather as a reason to cancel a week before? It does appear your plans changed and you were looking for a way out. It may be better to accept the 50% or say you will cover the cost if he cannot find a replacement party.

He could pursue you via the SC court or it might be a bluff - only you can decide.

chattychappy

Buzby wrote: »

I have some sympathy with the owner - how can you cite weather as a reason to cancel a week before? It does appear your plans changed and you were looking for a way out.

The OP was clear there was a 7 day policy. Assuming that's true, I have no sympathy for the hotel owner. Business is business. Some hotels charge different rates for non-cancellable bookings. If the deal was you could cancel up to 7 days ahead, then that's the OP's prerogative.

It seems the OP has emails supporting her position. It is unclear to me if the transaction was authorised or not - this is a separate issue from whether the amount is owing. But ultimately if the dispute via the CC is unsuccessful, I'd sue the hotel if I had the emails to support it - though you might have to travel to the hotel's local court if they defend.

dalesrider

Heng_Leng wrote: »

It is fraudulent transaction - the OP cancelled their order; also was the hotel's authorisation to use card details.

As far as banks & card providers go. Fraud is when a 3rd party uses your card without you knowledge.
Clearly the OP did make a booking with the hotel.

Yes they cancelled it, but the hotol are saying its outside their T/C.

Dispute is the way forward.