Section 75 claim refused by MCard

rickyfixit

Hi
For ease, I will bullet point below - please forgive the direct approach but there's a lot of info:
Booked a chalet via Booking.com, secured with MasterCard
Chalet fell short of description in many ways - no afternoon tea, poor decor (described as luxury), standard of facility inadequate.... I could go on
Complained to owners at end of holiday as unavailable all holiday
- refused to accommodate any complaint
Took complaint to Booking.com. Chalet owners claimed I was blackmailing them (seriously!) and that they'd take legal advice. Booking.com refuse to have any further involvement.
Chalet owners refuse to communicate with me, tell me I need an Austrian lawyer and that their lawyer will speak to them. They will not send me details of their lawyer.
Went to MasterCard for assistance. Sent them supporting photos, website claims and all correspondence.
MC written back refusing the claim, they say 'we operate under guidelines set by MasterCard and Visa' and that the claim is 'subjective', therefore they are 'unable to provide the required independent assessment'.
Seems I have nowhere to go - can anyone advise please?
Much appreciated
Rickyfixit

Bantex_2

Did you stay at the place or leave early?

marliepanda

If you stayed, you pay.

You cant expect to stay then claim your money back.

You should have booked alternative accomm. if it was that bad, then claimed back the other place after the holidays.

mije1983

To an extent they are right that your complaints are subjective. What you considered inadequate and poor, could well be luxury accomodation in that country (Austria?).

Just the same as there is no international standard star rating for hotels. What is a 2 star in the UK, could well be classed as a 5 star in another (possibly developing) country.

rickyfixit

Hi
Yes, we stayed, expected to be able to talk to hosts but they were never around; their illness cleared up in time to take payment at the end of the week from guests.
The chalet was described as recently refurbished and luxury, Austria (ski resorts) are not considered to be backward so I'd expect paint to be applied to all, not parts of a wall; there was exposed and trailing wiring; the flooring was so poorly laid it pinched your feet as you walked on it (no shoes allowed) and the skirtings were screwed on in odd and unmatched bits that looked like a game of helter skelter. The dining room wasn't big enough for all the guests. The sauna was unsafe and my husband had an accident as a result. I think ou get the picture, but I could go on!

Does this affect section 75 - I had photos, which is why they claim I am blackmailing them.

Thanks,
Rickyfixit

rickyfixit

marliepanda wrote: »

If you stayed, you pay.

You cant expect to stay then claim your money back.

You should have booked alternative accomm. if it was that bad, then claimed back the other place after the holidays.

Not thought of that.... So, would you recommend checking out, finding somewhere else (if possible) and then claiming that extra expense from CC? My original booking was secured with CC.....and they took the payment without any further consent, so would I save been protected against that and any incremental costs?
Thanks

unholyangel

Who was the contract with? The booking agent or the accommodation provider? Under which law is the contract governed?

Are you sure its a section 75 claim? From their reply (about mastercard/visa rules) it sounds like a chargeback instead of a section 75.

marliepanda

rickyfixit wrote: »

Not thought of that.... So, would you recommend checking out, finding somewhere else (if possible) and then claiming that extra expense from CC? My original booking was secured with CC.....and they took the payment without any further consent, so would I save been protected against that and any incremental costs?
Thanks

No you would claim back the initial hotel cost, with proof and pictures etc. As you continued to stay there you don't really get to say 'I stayed here but omg it was so awful I want my money back'

rickyfixit

unholyangel wrote: »

Who was the contract with? The booking agent or the accommodation provider? Under which law is the contract governed?

Are you sure its a section 75 claim? From their reply (about mastercard/visa rules) it sounds like a chargeback instead of a section 75.

Ah..... Slightly confused then! I have disputed the transaction as owners won't communicate, MC have responded quoting they are unable to process disputes 'under the chargeback scheme and Section 75 claims'.
The contract was with the chalet, according to Booking.com.

Thanks

Shay

rickyfixit

So.... You'd likely be out of pocket for accommodation as the chances of securing an equivalent deal ( especially in a ski resort) I would guess would be slim. We had to scour the net to find a chalet in the first place... You'd lose part of your holiday too, researching, relocating, etc. seems a tad unfair?

hollydays

Did you see any reviews before you booked?