Chargeback / refund advice

Oliver1968

Hello. Firstly I am new to the site and hope that I ask my question in the correct place!

It concerns a recent transaction with an accomodation chain who for now I won't name in case that isn't how things are done here.

Simply last Saturday evening I needed a room for the night, saw the price online, followed instructions (though I did not see any calendar for booking date at all which could be important) and I'd got to the payment bit to reserve and I booked.

But the confirmation email I got was for a reservation in January next year. I wasn't sure what to do about this and travelled home anyway (I was a hundred miles from home).

Next day I emailed to ask what had gone wrong and clearly as I didn't want a room next year I wanted to cancel and the amount refunded.

The first response I got was that there was nothing that they could do as I had made an advanced booking.

Now for the past two years I have regularly listened to a consumer lawyer on LBC where he gives independent advice and countless times I have heard him say that in the case of making a chargeback claim, which I will instruct my bank to do, though I have to wait a statutory fifteen days, I am protected by the Consumer Rights Act.

I paid by debit card and the amount is only £24.99.

I put this to them in my email reply and the next thing they came back with was that I'd signed the T&C's and so there was still nothing they could do.

Now to me this sounded really daft because everyone has to check that box for an order to go through and I have also, many tines, heard the barrister say, on his radio show, that in these disputes the T&C's are irrelevant; that the CRA oversees them in favour of the client.

He often says that companies do chance their arm over these kind of cases and that you have to keep on at them.

Anyway, that's my story and I'd like to hear back from anyone with knowledge of the consumer law situation pertaining to this or have had to deal with similar.

Thank you in advance 

screech_78

If you’ve booked a non-refundable room then you have no entitlement to a refund I’m afraid. 

eskbanker

Oliver1968 said:

the next thing they came back with was that I'd signed the T&C's and so there was still nothing they could do.

Now to me this sounded really daft because everyone has to check that box for an order to go through

So if you tick a box to say that you've read the Ts & Cs but you haven't, whose fault do you think that would be?

What do those Ts & Cs say about cancellation policy?

Oliver1968 said:

I have also, many tines, heard the barrister say, on his radio show, that in these disputes the T&C's are irrelevant; that the CRA oversees them in favour of the client.

It's true that Ts & Cs can't override statutory rights under CRA or other legislation but that doesn't render them irrelevant, in that you can only rely on that hierarchy if there's a conflict between the provisions, i.e. if the Ts & Cs are purporting to deny you something you're legally entitled to.  However, at least on the face of it, this isn't one of those situations....

DullGreyGuy

Distance selling rules explicitly exclude certain activities which include travel/leisure related items that are for a fixed date so you have no right to cancelation under the CCR

The CRA deals with breach of contract but nothing in your post says how the hotel has breached the contract? 

Clearly have no idea how experienced a traveller you are but I can say with absolute certainty there is not a single hotel/accomodation website out there that doesnt ask the dates of the stay. Even Late Rooms and Last Minute dont just deal with same day bookings.  

Many sites will put a default date in but clearly you are intended to change this which you didnt. If you had decided to go to the location and speak to them rather than travel home they may have been willing to help but you are now looking like someone having buyers remorse and coming up with a story to try and get out of a non-refundable booking.