Spanish hotel closed but refund denied

Pop_queen

Hi, 
I have been in a que for over an hr trying to get somewhere but still unable to speak to anyone as yet so hoping I could get some advise help on here.

i have booked 2 room in a Spain hotel to celebrate a 40th birthday. The rooms were booked on a non- cancellation fee as we had ever intention of going. Now we are in a position where the hotel has contacted us today and advised they are closing and THEY have therefore cancelled our booking. They are only offering a credit note for the value to be used in 2020, however no one knows if travel abroad will be permitted then, nor do I think We are available to go through the remainder of 2020.  My question is surely as they are unable to provide me with what I had paid for do they not have to issue me with a refund?? Has anyone else had a similar issue?? 

* I paid via debit card- so know I can try ask for a charge back but no guarantee (if/when I can speak to someone)
* I have insurance so will look into that option too to try get a refund that way

Thankyou for your time/advice.

bradders1983

Charge back will probably be pointless - yes you may get it reversed but as the retailer is still trading they will just dispute it and then it will be un-reversed down the line.

Speak to your travel insurance.

benjus

bradders1983 said:

Charge back will probably be pointless - yes you may get it reversed but as the retailer is still trading they will just dispute it and then it will be un-reversed down the line.

Speak to your travel insurance.

Why? The hotel is failing to provide the services that were paid for and is refusing a refund. Sounds like a case for a chargeback to me.

bradders1983

benjus said:

bradders1983 said:

Charge back will probably be pointless - yes you may get it reversed but as the retailer is still trading they will just dispute it and then it will be un-reversed down the line.

Speak to your travel insurance.

Why? The hotel is failing to provide the services that were paid for and is refusing a refund. Sounds like a case for a chargeback to me.

The OP agreed to the terms it was non refundable when they booked it.

Westin

What may influence the charge back claim is that I believe Spanish hotels have been ordered to close by their Government.  A mute point perhaps but the service/room is therefore not available for use.   Hotels may however argue with banks that this is case of force majeure and that they are acting on the instructions of the Spanish Government under state of emergency powers.  It would certainly be good to test this with banks and see there position and planned actions.  Thousands will be in this situation.

benjus

bradders1983 said:

benjus said:

bradders1983 said:

Charge back will probably be pointless - yes you may get it reversed but as the retailer is still trading they will just dispute it and then it will be un-reversed down the line.

Speak to your travel insurance.

Why? The hotel is failing to provide the services that were paid for and is refusing a refund. Sounds like a case for a chargeback to me.

The OP agreed to the terms it was non refundable when they booked it.

That would not be relevant in normal circumstances - the fact that the booking is non-refundable does not give the hotel the right to change the dates of the booking. 

So it comes down to whether or not these circumstances demand special treatment in terms of chargeback and Section 75 claims. Westin's point about force majeure and the hotel being obliged to close beyond its control might be relevant though - have to see how this pans out.