Section 75 or chargeback?

ellymoo

I would be grateful for any advice someone can give as I'm in a tricky situation.

I booked a hotel in Greece via Booking.com in February 2020. This was non-refundable which I had accepted as I had every intention of making the trip in June 2020. When we all went into lockdown obviously nobody could go anywhere. I asked to cancel my trip and received a voucher for the equivalent amount via Booking.com which I was happy with. The Ts and Cs in the voucher said “if unused within 18 months the amount will be refunded”.

When the world opened up again in 2021, in March I booked direct with the hotel for a stay in August, using my voucher. The government then brought in 2-week isolation rules which meant I would be unable to travel due to work and for paying for extra tests. I was aware that this may be changed before my holiday, but I didn’t want to mess the hotel around again, so I decided it would be fairer to cancel and try to rebook later if the rules changed. I contacted the hotel saying I would need to cancel and explaining my reasons. They said no problem, I could use my voucher another time. About 10 days later, the government changed the rules again, so I was able to travel. I contacted the hotel to try and book in but by this point they were fully booked. I asked them to keep me updated if they had any availability for my postponed trip but they didn't so I stayed elsewhere.

 I contacted them in December (within the 18 months specified) asking for a refund for my unused voucher as I have no idea when I will be able to go to Greece again. I never received a reply. I then began calling and emailing them. Either nobody answered or I was told to call back when the owner was in. When I got hold of the owner he said his English wasn't very good and I should then call back when his daughter was in. I did so and then received no answer.

Last week I was eventually told that that I would not be able to get a refund because I had booked again and cancelled although I had been able to fly. I pointed out that I had cancelled a good month and a half in advance because I didn’t want to mess them around and when I’d tried to rebook they were full. The owner said I had forfeited my money and the voucher by cancelling when I could have flown out. I pointed out the Ts and Cs of the voucher specifically say “If the voucher is not redeemed within the period of 18 months then its value will be refunded to you.”

The owner said that he didn’t speak very good English and I should ring back to talk to his daughter (again). When I rang back, once again, there was no answer. Now I have received an email saying they will ‘make an exception’ and I can use my voucher – but I would like my money back as per the voucher Ts and Cs.

It is ironic that in my attempt to be fair to the hotel and give them sufficient notice to let my room I seem to have done myself out of my money. It is about £200 which is a heck of a lot of money to me. I booked it on my John Lewis card and they have told me how to request a Section 75 refund but is this the right thing to do please? Thank you.

Sandtree

The hotel has also been fair, they could as easily have said that they were open, you choose not to travel after booking a non-refundable room and so its not their problem irrespective how much notice you gave.

Chargeback has an upper limit of 120 days so you have no options there... you can attempt a S75 claim if you paid by credit card but you will have two issues... firstly you have Booking.com in the middle of the transaction which is likely to break the Debtor-Creditor-Supplier chain and secondly it appears what they have been offering is beyond their legal liability and getting a bank to agree to cover something more than they had to based on the original non-refundable booking will be difficult.

ellymoo

Just to be clear - the first room I booked was non-refundable, and they were shut as were all hotels on the island at the time as the island went into lockdown.

The second room I booked a year later wasn't non-refundable. It was just a normal booking.

Thanks, I will try a S75 and see what happens although I did think the Booking.com thing would cause a problem. 

born_again

While chargeback does have a 120 day limit. In cases like this for future bookings there is also a max of 540 days from the date of the debit (well passed now anyway)

As I take it your payment went to booking.com & not the actual hotel then there is not debtor/creditor link. Add in it was non-refundable in the 1st place. 2nd booking make no difference, as your claim stems back to when the payment was made in the 1st place. Your only hope would be travel insurance. Which you did take out when making the booking. Didn't you?

Sandtree

Travel insurance is also going to potentially fail as it is the last resort but the hotel are still honouring the voucher

ellymoo

Yes, I have annual travel insurance and renew it every year. I had it at the time of the booking albeit with a different provider I think.

The hotel isn't honouring the voucher, as the Ts and Cs state:

"2.If the voucher is not redeemed within the period of 18 months (until the expiration date stated above), then its value will be refunded to you. "

sheramber

The voucher was redeemed when you made the second booking. That voucher is now gone.

Your second booking is a separate  voucher.

powerful_Rogue

ellymoo said:

Yes, I have annual travel insurance and renew it every year. I had it at the time of the booking albeit with a different provider I think.

The hotel isn't honouring the voucher, as the Ts and Cs state:

"2.If the voucher is not redeemed within the period of 18 months (until the expiration date stated above), then its value will be refunded to you. "

You did redeem the voucher though.

ellymoo

No I didn't, as I didn't actually stay at the hotel.

cx6

For what it's worth, this is what I believe:

1. you got a voucher originally for a cancelled booking - valid 18 months
 
2. you later re-booked using that voucher. Voucher is now gone, spent.

3. you couldn't go for a second time, the hotel said they could re-schedule your booking. 

4. you now want a refund for the voucher - you can't as is was spent / used when you made the second booking. There is no voucher to refund. The fact that you couldn't go a second time is not relevant.

 

ellymoo

No. I planned to spend the voucher, but didn't as I never went to the hotel. I never paid anything when I made the second booking. When I had to cancel, they told me that I could use my voucher another time. Anyway, I'm not going to argue over and over about it. Thanks for the confirmation that a Section 75 is my best option, although unlikely to succeed.