Credit Card Dispute

ejlmcdonald

If they say, "we charge a 30% deposit on booking. This is not refundable," then they have stated their policy clearly and have the right to charge it.

If they say, "we'll probably ask you to pre-pay the balance in bananas or some such fruit" then they have not the right to charge a deposit because it doesn't make any sense, or tell you clearly what they intend to do.

So which side of the line does it fall?

My point is they have to be clear in what they say and do or they haven't earnt the right to charge.

PeacefulWaters

ejlmcdonald wrote: »

Thanks PW, but they've already said they made an error, it should not have called a cancelation charge, so that interpretation is moot.

What they say now is that it is a non-refundable deposit.

I don't get your point.

And then you go on to talk about fruit. While I like a banana I'm struggling to understand your approach here.

I'd be gobsmacked if the card company sided with you on a S75 claim. If they don't, and you still wish to pursue it, you'll need to take Booking.com and/or the card company to court.

Perhaps a "letter before action" to one or both might yield the desired response even if neither considers themselves liable.

By the way, I think it was disingenuous of you to exclude the second part of the wording they use pre-booking. It's highly relevant.

ejlmcdonald

My point I was trying to make (okay bananas a bit silly but it was late) is that saying something doesn't make a contract by itself it has to make sense, there's a spectrum. At one end of the spectrum there is the simple statement we will charge a non-refundable 30% deposit. At the other end, there's a statement that doesn't make sense (the bananas) somewhere along that spectrum is what they did say that "Pre-payment: 30% of the total amount maybe charged anytime after booking"

I don't think that clearly represents what it is meant to be. I think it misrepresents it.

Re: disingenuous, not my intention. This is MSE, I knew someone would google it. I wanted to see first how others reacted to the first bit about within 14 days. And reaction was split. Only conclusion is that's it's confusing when it doesn't have to be.

It's different pulling these sentences out in isolation, very different to reading through a long list of policies. I clearly didn't read them carefully enough, but I read the first sentence, decided what it meant and then skimmed over the last.

Anyway, it is not the cancelation policy in question now, it's the deposit. I've undoubtably been lax in not reading, examining and clarifying what everything meant. But I think they have been vague to the point of misrepresentation.

bigadaj

Their terms seem very clear to me, if you book and then cancel no later than 14 days before travel then you lose 30%, after that you presumably lose all of a higher percentage.

Maybe you need to get someone else to check these things in future as that seems pretty clear to me, you're assumption that these things are normally penalty free was erroneous, teh contract terms are pretty clear and indisputable.

ejlmcdonald

Well thank you all for your comments, I thought I had a good case but maybe not now.

ejlmcdonald

bigadaj wrote: »

Their terms seem very clear to me, if you book and then cancel no later than 14 days before travel then you lose 30%, after that you presumably lose all of a higher percentage.

Maybe you need to get someone else to check these things in future as that seems pretty clear to me, you're assumption that these things are normally penalty free was erroneous, teh contract terms are pretty clear and indisputable.

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Bigadaj,

Sometimes it's all too easy to read things and make assumptions, as I did and you have done. The terms in dispute are for the deposit, not the cancelation.

And there is no need to make it personal, thanks to all the other posters who have not done so.

p00hsticks

ejlmcdonald wrote: »

Re: disingenuous, not my intention. This is MSE, I knew someone would google it. I wanted to see first how others reacted to the first bit about within 14 days. And reaction was split. Only conclusion is that's it's confusing when it doesn't have to be.

It's different pulling these sentences out in isolation, very different to reading through a long list of policies. I clearly didn't read them carefully enough, but I read the first sentence, decided what it meant and then skimmed over the last.

It's only confusing precisely because you have done exactly that - pulled a single sentence out in isolation.

By itself, the term 'Up to 14 days' can indeed be interpreted either as 'from now until 14 days prior to the start of the holiday' or 'within 14 days of the holiday starting'

But as soon as you read the sentence in it's correct context, in conjunction with the following one referring to "later on" it become clear that the 30% refers to the first interpretation.

bigadaj

ejlmcdonald wrote: »

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Bigadaj,

Sometimes it's all too easy to read things and make assumptions, as I did and you have done. The terms in dispute are for the deposit, not the cancelation.

And there is no need to make it personal, thanks to all the other posters who have not done so.

It's not personal, just a suggestion that you check with another person before making assumptions. I'll normally check with my wife when I make a booking, and would assume that she would do the same, as it's easy to read things a different way from that intended.

Any terms and conditions included within a suppliers contract are likely to be in their favour rather than you as the customer so it's worth assuming the worst initially at least.

Have you contacted booking.com and explained the situation, could they offer the cancellation fee as a credit against a new or amended booking, it would seem from what you have said that whilst they are contractually correct or entitled to charge you the 30% there has been no loss to them in cancellation so some sort of goodwill could be considered. This would limit your choice in terms of a new or amended booking but would minimise any loss you might incur.

I can't see the credit card being able to help any further given what you have said so an appeal to booking.com is the only option.

sheramber

I think the 30%deposit is the hotel ( apartment) charge, not a charge made by booking.com

Their website does state to check for individual hotel's terms.

ejlmcdonald

Bigadaj,
I have been back and forth with booking.com. They say they've asked the owners to make exception for goodwill but the owners have said no, they stick to their policies. It's easy to think they make money this way.
But booking.com are the publisher and they took the money.
At one point they sent me screen shots showing supposedly how many times cancelation was mentioned but it was for a different apartment, with more mentions.
It's a good thought but I don't think they will do anything now.