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

perfect10nandb

Ahh sorry. It was the hotel

mrsmoneypenny90

you can claim back on your credit card under section 75 as you paid for a service that has not been effected. Phone up your CC and submit the claim to them. 

Life__Goes__On

At the moment you are a bit in limbo,  the hotel web site stares you can have a refund but you can't get one.
Any action on your credit card might fail as your stay hasn't started yet.
I would try and see if you can get a refund from hotel in the next few days.
If not then try and find out if hotel is open  or if they are allowed to have overseas guests.
If closed or non overseas guests start an action on your card

Raise a "Chargeback"  against the transaction stating non-supply of service, (using proof you can't stay,or hotel is closed )  also state that you have rejected any vouchers that you are entitled to do under English law.

Normally with a Chargeback you get the money back when it's processed
The retailer can dispute the Chargeback,  but it must supply evidence to the card company  If the hotel wins the dispute  then the Chargeback is reversed,

If a Chargeback fails then it's Section 75,  but this will take much longer than a Chargeback.

blindman

perfect10nandb said:

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.

Get back to Booking dot com and read them the cancellation terms for all IHG hotels. You are entitled to a refund.

perfect10nandb

I have contacted the credit card, who said it had been pre authorised at the time of booking and there was nothing they could do. Thank you for all your replies and help so far.  I will try again with Booking.com and my credit card (New Day).

Life__Goes__On

perfect10nandb said:

I have contacted the credit card, who said it had been pre authorised at the time of booking and there was nothing they could do. Thank you for all your replies and help so far.  I will try again with Booking.com and my credit card (New Day).

I reason the CC might be refusing you  as it might look as if you are trying to cancel,  as your stay is in the future.

perfect10nandb

An update on where I am up to with this. Aside from wanting to cry! ANY help much appreciated I don't know what to do next. My credit card doesn't want to know. I cannot find an address to write to at booking so I am completely stuck. I have now had 3 emails from booking.com saying the following...

FIRST EMAIL: Dear Sarah Mingaud, Thank you for contacting Booking.com.  We approached Holiday Inn Paris Montmartre on your behalf, and are happy to confirm that the accommodation has agreed to cancel the reservation at no charge. You will receive a cancellation email with more details shortly. For any questions, you can contact the property at +33144923340 or send them an email. SECOND EMAIL:   Your booking has been cancelled Hi SARAH MINGAUD, Your booking has been successfully cancelled. Please note: If any prepayment was charged, the property will contact you after cancellation to arrange a refund, new dates or a voucher for future stay. Holiday Inn Monmarte, Paris. 23 Rue Damrémont, 18th arr., Paris, 75018, France CANCELLED Phone: +33144923340 Email property You booked for 2 adults Check-in Wednesday 20 May 2020 Check-out Monday 25 May 2020 Booking number xxxx PIN code xxxx  You might still receive notifications about this booking while our system is updating, but your booking is definitely cancelled. THIRD EMAIL: Hi Sarah Mingaud, Your booking has been successfully cancelled. Please note: If any prepayment was charged, the property will contact you after cancellation to arrange a refund, new dates or a voucher for future stay. If you don't hear back from them please contact them directly at +33144923340 or send them a message. If you have any other questions, please get in touch. Thank you, The Booking.com team

perfect10nandb

This is the info from booking..

Life__Goes__On

As you paid the hotel, I feel the major issue is the hotel or credit card.
It's looking like your credit card company has handled it badly.

I would direct my actions to the credit card company
Contact your credit card company and tell them you want to make a Chargeback against the hotel transaction.
If they refuse tell them you want a written letter with the reason why they have refused and make a formal complaint about their decision

Rraise a "Chargeback" against the transaction stating non-supply of service,  also state that you have rejected any vouchers that you are entitled to do under English law, use the e-mail saying you are due a refund
Normally with a Chargeback the money is returned once it’s processed

The hotel can dispute the Chargeback, but it must supply evidence to the card company.

If the hotel is successful,  then the Chargeback is reversed and the money taken back from your account

If that fails then it's a Section 75 on the credit card. (We can go to that depending on what happens above)