Right to refund on hotel?

alanwils

Hotel says "We would like to inform you that according to rate details, this reservation has a full penalty charge in case of cancellation, amendment or no show. However due the exceptional situation in which we find ourselves, Meliá Hotels International (Sol Pelicanos Benidorm - famous from TV show) would like to offer to our guests who have booked before March 2, 2020 for a stay between...."  However, the room-prices have risen considerably, so and all I want to know is: am I entitled to refund? I didn't cancel. I didn't amend; the hotel is closed and I just want my money back.

Life__Goes__On

alanwils said:

Hotel says "We would like to inform you that according to rate details, this reservation has a full penalty charge in case of cancellation, amendment or no show. However due the exceptional situation in which we find ourselves, Meliá Hotels International (Sol Pelicanos Benidorm - famous from TV show) would like to offer to our guests who have booked before March 2, 2020 for a stay between...."  However, the room-prices have risen considerably, so and all I want to know is: am I entitled to refund? I didn't cancel. I didn't amend; the hotel is closed and I just want my money back.

When is/was your stay?  what payment method did you use? did you pay hotel direct?

alanwils

My stay would have been 3rd June 2020. I paid on credit card (Barclaycard). I paid the hotel direct (Meliá Hotels International)

Life__Goes__On

You are due a refund it hotel is closed on the 3rd June (or if they can't legally let you stay (only open to locals))
If you could stay then you aren't due a refund (legally how you get to the hotel isn't the hotel's problem)
If you have any travel insurance is another option.

Grumpy_chap

Given that you paid Melia direct, the rules applicable here (in UK) may not apply - it may be all under Spanish law and the rules might be different.  If you are like me and think the Melia hotels are great, your booking will have been placed on the Melia Spanish website as that is always the cheapest booking rate I can ever find.  

alanwils

Just had an email sent from the hotel
"Hope you are well, We are not able to offer the refund as your booking is a prepaid rate non refundable, what we can offer is to modify the booking for a future stay." 
So, they say they are not 'able' to offer refund?

Life__Goes__On

Grumpy_chap said:

Given that you paid Melia direct, the rules applicable here (in UK) may not apply - it may be all under Spanish law and the rules might be different.  If you are like me and think the Melia hotels are great, your booking will have been placed on the Melia Spanish website as that is always the cheapest booking rate I can ever find.  

The payment will be under English law

Grumpy_chap

When did the OP make the booking?  There was a period when the coronavirus was a concern, but not yet impacting in a big way that Melia were offering all rates (including non-changeable) as fully flexible, fully refundable.  If the OP took one of those offers, then it is worth looking out the rules applied to the booking.

alanwils

Life__Goes__On said:

The payment will be under English law

So, a UK person, in the UK, books online - on a Spanish website - but UK law has to be adhered to? if that's the case, can I quote that to them?
(Booking was made in January 2020, on a 'prepaid rate non refundable')

Life__Goes__On

alanwils said:

Life__Goes__On said:

The payment will be under English law

So, a UK person, in the UK, books online - on a Spanish website - but UK law has to be adhered to? if that's the case, can I quote that to them?

Yes.
If there is a dispute  with a card company and it's a overseas transaction, the card company would need to know every countries law.
EG with this transaction they would need full knowledge of Spanish Law to make a ruling,  if it was a French hotel, the full knowledge of French Law to make a ruling etc etc.
This would be impossible, so has to be under English law.
If you don't agree with the cards decision you can take it to a Court for it to be ruled on, but judges can rule on English law (Scottish law in Scotland)  but can not rule on Spanish law, so a person would have no form of redress.

In you just make a bank transfer then you would be stuck with Spanish law in this case.

The benefit of paying with a  card is the Spanish hotel can follow Spanish law,  but your payment is English law.

alanwils

UPDATE: Over the phone, the hotel says I can now stay for the same dates next year, "for the same price". However, the flights for next year, for that specific date (and much of the year for that matter) are at very high prices.
Can I still refuse this offer and keep asking for a refund?