Chargeback/Section 75 - Holiday Inn

samuelmorris

Myself and several other people had reservations booked with a Holiday Inn over the Easter weekend for an event that was cancelled due to Covid.
IHG advertised quite clearly that reservations booked before a certain date for stays during the period of closure would be eligible for cancellation and refund, so once we knew the event was cancelled, we did this (Cancellation placed 15th March).

My friends have had their refunds but mine never came. My booking was placed on 2nd February (before the 6th April booking cutoff) and my stay was for 9th-12th April (before the 31st August stay cutoff) so I am eligible. When I contacted IHG about not receiving the email they simply said 'a ticket will be raised' and never responded back. I was warned I would have to allow at least 90 working days for the refund as they were processed by the hotel and would not be processed while the individual hotel was closed. After 90 calendar days passed I called them again to chase, and got the same template response about a ticket being raised. With nothing forthcoming, I raised a chargeback request with Santander. I did also tweet Holiday Inn about the issue but got the standard response of 'sorry to hear this, please DM us with your details' and the subsequent DM I sent being ignored.

After calling the bank to chase where the claim was having not heard anything for a few weeks I was told the chargeback can't be processed as it is after the 120 day deadline. I explained that IHG's terms about 90 business days prevent that from being achievable but was told that it could only be processed as a Section 75 claim, fair enough, but that I had insufficient evidence to make a claim since IHG hadn't told me in writing that I was due a refund. All I have is the email confirmation that I cancelled my reservation, and the page (which is still up) on IHG's website about the travel advisory stating that bookings can be cancelled or amended free of charge within the relevant time period. According to Santander that isn't enough as it doesn't state that I personally am being refunded for my cancellation, and since I made the cancellation, not the hotel (which was still open at the time the event cancellation was announced), it's on me to prove that I haven't willingly surrendered what I paid for the booking by cancelling it.

Not sure how to proceed here, could anyone advise if there's anything I can do to claim on this? On the one hand I'm used to losing money over covid, on the other hand it does seem very unfair that everyone else has refunded, and despite following the exact same procedure, I can't even forcibly claim my reservation sum back.

Thanks in advance

born_again

samuelmorris said:

Myself and several other people had reservations booked with a Holiday Inn over the Easter weekend for an event that was cancelled due to Covid.
IHG advertised quite clearly that reservations booked before a certain date for stays during the period of closure would be eligible for cancellation and refund, so once we knew the event was cancelled, we did this (Cancellation placed 15th March).

My friends have had their refunds but mine never came. My booking was placed on 2nd February (before the 6th April booking cutoff) and my stay was for 9th-12th April (before the 31st August stay cutoff) so I am eligible. When I contacted IHG about not receiving the email they simply said 'a ticket will be raised' and never responded back. I was warned I would have to allow at least 90 working days for the refund as they were processed by the hotel and would not be processed while the individual hotel was closed. After 90 calendar days passed I called them again to chase, and got the same template response about a ticket being raised. With nothing forthcoming, I raised a chargeback request with Santander. I did also tweet Holiday Inn about the issue but got the standard response of 'sorry to hear this, please DM us with your details' and the subsequent DM I sent being ignored.

After calling the bank to chase where the claim was having not heard anything for a few weeks I was told the chargeback can't be processed as it is after the 120 day deadline. I explained that IHG's terms about 90 business days prevent that from being achievable but was told that it could only be processed as a Section 75 claim, fair enough, but that I had insufficient evidence to make a claim since IHG hadn't told me in writing that I was due a refund. All I have is the email confirmation that I cancelled my reservation, and the page (which is still up) on IHG's website about the travel advisory stating that bookings can be cancelled or amended free of charge within the relevant time period. According to Santander that isn't enough as it doesn't state that I personally am being refunded for my cancellation, and since I made the cancellation, not the hotel (which was still open at the time the event cancellation was announced), it's on me to prove that I haven't willingly surrendered what I paid for the booking by cancelling it.

Not sure how to proceed here, could anyone advise if there's anything I can do to claim on this? On the one hand I'm used to losing money over covid, on the other hand it does seem very unfair that everyone else has refunded, and despite following the exact same procedure, I can't even forcibly claim my reservation sum back.

Thanks in advance

Yes you would have to look at S75, as you took too long to start the chargeback.
120 days would have been from the date of your stay. 
You will have to get Holiday Inn to confirm in a email that you were due a refund.

samuelmorris

So presumably, since Holiday Inn refuse to talk to me, the case is going nowhere? Suspected as much but just thought I'd ask!

born_again

samuelmorris said:

So presumably, since Holiday Inn refuse to talk to me, the case is going nowhere? Suspected as much but just thought I'd ask!

Can't you ring the hotel you were staying at and get them to send something?

samuelmorris

born_again said:

samuelmorris said:

So presumably, since Holiday Inn refuse to talk to me, the case is going nowhere? Suspected as much but just thought I'd ask!

Can't you ring the hotel you were staying at and get them to send something?

Is a very good point - the hotel previously weren't open so that wasn't an option. Tried calling them again today and immediately got through to someone who took my card number and said a refund should be with me in 3-5 days. Fingers crossed...