Is the booking.com and Holiday Inn No Refund Policy Legal?

perfect10nandb

I booked a stay for our honeymoon at the Holiday Inn Paris Montmartre location for 20th May for 5 nights. Due to the current Covid19 and the lockdown both in Paris, and in the UK, plus the fact that Ryan air have grounded all flights, it is highly unlikely that we will be able to travel. We booked our stay through Booking.com and have been trying to communicate with the hotel directly with regards to what the policy is should we not be able to get there, or wish to stay, even if the hotel is open, due to having to stay in the room. The hotel has repeatedly told us that as I booked a No Cancellation rate I would STILL have to pay, even though circumstances beyond my control forbid us to travel.

Now the hotel has taken payment of £571.57 PLUS a £15.72 charge for a foreign transaction applied to my credit card, taking me now over my limit and incurring additional charges to me. As per their own policy, on the IHG website, under Cancellation and Booking flexibility You state “Given the flexibility our guests and customers need right now we have implemented the following policies: For Existing Bookings: Existing bookings (bookings made through 6 April 2020) at all IHG hotels* can be changed or cancelled for stays up to 30 June 2020” Is it right that I have to pay? Is it legal? It seems so wrong? I have written to both the hotel directly and head office, so now await their replies. But I don’t expect to get any joy. Thanks for reading.

Life__Goes__On

What date did you cancel the hotel? what date did they take payment?

Neil49

The following is copied from the IHG website within the Covid 19 section on their home page. 

Bookings via a third-party: For bookings made through an online booking platform (e.g. Booking.com, Expedia) or third-party travel professionals, please contact them directly – we have advised these companies of our cancellation policy and you should refer to their terms and conditions.

Therefore, that is what you should do. 

RichieB2

perfect10nandb said:

I booked a stay for our honeymoon at the Holiday Inn Paris Montmartre location for 20th May for 5 nights. Due to the current Covid19 and the lockdown both in Paris, and in the UK, plus the fact that Ryan air have grounded all flights, it is highly unlikely that we will be able to travel. We booked our stay through Booking.com and have been trying to communicate with the hotel directly with regards to what the policy is should we not be able to get there, or wish to stay, even if the hotel is open, due to having to stay in the room. The hotel has repeatedly told us that as I booked a No Cancellation rate I would STILL have to pay, even though circumstances beyond my control forbid us to travel.

Now the hotel has taken payment of £571.57 PLUS a £15.72 charge for a foreign transaction applied to my credit card, taking me now over my limit and incurring additional charges to me. As per their own policy, on the IHG website, under Cancellation and Booking flexibility You state “Given the flexibility our guests and customers need right now we have implemented the following policies: For Existing Bookings: Existing bookings (bookings made through 6 April 2020) at all IHG hotels* can be changed or cancelled for stays up to 30 June 2020” Is it right that I have to pay? Is it legal? It seems so wrong? I have written to both the hotel directly and head office, so now await their replies. But I don’t expect to get any joy. Thanks for reading.

I agree you need to go through booking.com. FYI - We had flexible hotel bookings via booking.com that allowed cancellation. Booking.com contacted us really quickly when travel to the US was banned offering a refund and we had the money back in 48 hours. 

If you don’t have a flexible booking this may well be different.

 Is the hotel open ? If it is then from their point of view they can receive you and provide the service. If not that might be different. This is usually the disadvantage of booking single parts of a trip rather than a package holiday. Its what is known as a ‘consequential loss’. The loss of one part is a consequence of another part. You might find only the first part is covered. If you are lucky ‘consequential losses’ will be covered on a travel insurance policy. Outside of that you might be left with whatever the cancellation policy is. 

perfect10nandb

Life__Goes__On said:

What date did you cancel the hotel? what date did they take payment?

Hi there. Thanks for your reply. I haven't canceled. They took the payment on 24th April.

Life__Goes__On

perfect10nandb said:

Hi there. Thanks for your reply. I haven't canceled. They took the payment on 24th April.

Have you had much more contact with Booking.com?

perfect10nandb

They said it was up to the hotel. The head office said the same, and the hotel themselves have said no. I kind of expected that.
Not sure what else I can do.

Life__Goes__On

Who was named in the card transaction?

perfect10nandb

It was me. Is that what you mean? Who's name was the credit card in?

Life__Goes__On

Was it the hotel  or booking.com  whose name is on the transaction.

elsien

I think they mean is the payment showing as to booking.com or the hotel on your CC statement.