Holiday Debit Chargeback Query

Scooby_Saver

Hello,

My elderly parents paid for a holiday villa through HomeAway on their bank debit card.

When they got there accommodation was not as described. Photos taken etc.

As my dad is disabled they worked around this having reported their concerns to the owners and HomeAway, neither of whom were prepared to help.

Upon their return they collated their evidence and wrote to the bank (Santander) having been advised by CAB to make a claim under the chargeback scheme.

Santander have come back and said they can't help as the chargeback claim cannot be accepted as "you should have not stayed in the property and should have gone somewhere else in order to make a claim".

Are Santander right ?

Thanks in advance

susancs

Although the holiday villa was not as described, your parents decided to stay there, rather than seek out alternative accomodation and had the use of the property (even if not ideal), so would not be entitled to a full refund. It would be better to ask for a partical refund from the owners/HomeAway based on the issues they encountered, reported and have evidence of.

bris

Yes they are correct. You may or may not be able to claim for loss of enjoyment depending on the circumstances, only a court can decide.

unholyangel

You can also appeal via the financial ombudsman and have them review your claim.

If you have proof you complained about it while there, that will strengthen your case.

pinkshoes

If they stayed, then they cannot claim.

What was actually wrong with it?

We rented a holiday house for a week where the shower was a dribble, and broken glass in the garden where the shed window had been smashed. Not ideal, so we complained, but there were no alternatives. We did leave a factual review though, making it very clear that it was not suitable for those who wanted to wash!!

Keep_pedalling

If you could do a chargeback under those circumstances, there would be lots of people trying to get a free holiday out of it.

unholyangel

Keep_pedalling wrote: »

If you could do a chargeback under those circumstances, there would be lots of people trying to get a free holiday out of it.

Why wouldn't you be able to do a chargeback? Theres even a chargeback code for it

V53 Not as described or defective merchandise – the cardholder is stating that the service/goods that they received were either defective, counterfeit or not what was originally described to them by the merchant

However as above, they'll be expected to prove the breach and that they complained at the time.

ETA: Although there does have to be an actual breach, it can't be something subjective like quality.

Scooby_Saver

unholyangel wrote: »

Why wouldn't you be able to do a chargeback? Theres even a chargeback code for it



However as above, they'll be expected to prove the breach and that they complained at the time.

ETA: Although there does have to be an actual breach, it can't be something subjective like quality.

They've never made a claim before like this yet can easily show (taken photos at the time and video) that the villa was not as described including the photos on the advert. Examples including dangerous furniture (legs on chairs broken), smoke alarms hanging from the ceiling and not working, poolside and pool was filthy, no tv/ internet for first few days, pool heating not on for first three days.

I have emailed HomeAway yet they have basically ignored it so far

sheramber

I t seems all they do is pass it to the property owner.

They say the best way to complain is write a review!

https://help.homeaway.co.uk/articles/What-can-I-do-if-the-property-is-not-as-described

Scooby_Saver

Thanks again.

Parents did a review and the owner lied in the reply - including key availability, cleaning of the pool and he threatened to withhold their deposit (forgetting they hadn't paid one !) They forwarded emails to HomeAway re this and nothing was done