How to get a Booking.com refund

h_g_eccles

I’m trying to find some advice for my parents. They booked an Airbnb-style apartment stay in Spain via Booking.com. During their stay, they came back one evening to find they were locked out due to a fault with the electronic locking mechanism. As neither they nor Booking.com were able to contact the owner, they were forced to spend the night at a friend’s place and go back the next day to wait for someone to come and fix it.

Despite being told on the phone at the time by Booking.com they would receive compensation for the night they were unable to stay in the property, they arrived back home to an email stating they were entitled to nothing.

They have since had a lot of back and forth on this with Booking.com, but the most they have been offered is £25 as a goodwill gesture - far less than the cost per night of their accommodation.

Their credit card company said it is unable to help as they are not seeking a refund of the whole payment.

They are thinking of taking it to small claims court, but are unsure of their rights and don’t want to end up losing money. It’s unclear whether Booking.com can be held accountable when they are only a third party broker and not a proper travel agent.

Any advice or comparable stories would be much appreciated.

the_lunatic_is_in_my_head

Hello OP

Unfortunately Booking.com are just an agent and the contract for accommodation will be with the owner in Spain. 

If Booking.com offer any kind of extra guarantees then they must abide by them but beyond that AFAIK their obligations are very little. 

You mention a credit card, how much was the stay per night? 

h_g_eccles

the_lunatic_is_in_my_head said:

Hello OP

Unfortunately Booking.com are just an agent and the contract for accommodation will be with the owner in Spain. 

If Booking.com offer any kind of extra guarantees then they must abide by them but beyond that AFAIK their obligations are very little. 

You mention a credit card, how much was the stay per night? 

Thank you, I thought that might be the case. I think it worked out at around £100 a night. The credit card company have said they can’t get involved in this type of dispute though.

Aylesbury_Duck

Even if you went to court (in Spain, I presume), your parents' challenge will be quantifying the loss they incurred.  Other than inconvenience, did they incur any financial cost from the alternative arrangement?

the_lunatic_is_in_my_head

h_g_eccles said:

the_lunatic_is_in_my_head said:

Hello OP

Unfortunately Booking.com are just an agent and the contract for accommodation will be with the owner in Spain. 

If Booking.com offer any kind of extra guarantees then they must abide by them but beyond that AFAIK their obligations are very little. 

You mention a credit card, how much was the stay per night? 

Thank you, I thought that might be the case. I think it worked out at around £100 a night. The credit card company have said they can’t get involved in this type of dispute though.

If you had Section 75 cover the card provider would be jointly liable, just to the requirements of Spanish law. 

Can you confirm if over or under £100? 

RefluentBeans

Aylesbury_Duck said:

Even if you went to court (in Spain, I presume), your parents' challenge will be quantifying the loss they incurred.  Other than inconvenience, did they incur any financial cost from the alternative arrangement?

Surely breach of contract on the hotel operator (not Booking.com)? Capped at the cost of the cost of the night, but I’d say the OP’s parents did a very good job at mitigating their losses. 

Newbie_John

What's the total cost per night? If over £100 then I think you should be able to use section 75 on your credit card - although booking through agent makes things less clear.. 

If you have time and nerves you can really push both sides further - credit card company that you would like to use section 75 protection and call booking and tell them that if they don't reimburse you for that one night - you'll be asking for chargeback on full price - theyll be more willing to help then.
Also worth contacting hotel through booking and ask them to refund for that night.

But it won't be easy sadly, a lot of calls, time and nerves sadly.

born_again

Newbie_John said:

What's the total cost per night? If over £100 then I think you should be able to use section 75 on your credit card - although booking through agent makes things less clear.. 

If you have time and nerves you can really push both sides further - credit card company that you would like to use section 75 protection and call booking and tell them that if they don't reimburse you for that one night - you'll be asking for chargeback on full price - theyll be more willing to help then.
Also worth contacting hotel through booking and ask them to refund for that night.

But it won't be easy sadly, a lot of calls, time and nerves sadly.

They can't do full price chargeback. It would be rejected out of hand, as they had the use of the facility.

OP would need to be exactly clear on what was paid to who on this.
Is this a package holiday or was this separate flights & apartment?

brianposter

The contract with Booking.com is subject to the law which is probably not very clear on this particular point.

I would be inclined to bet on the OP"s parents winning in court, but it is not guaranteed.

the_lunatic_is_in_my_head

brianposter said:

The contract with Booking.com is subject to the law which is probably not very clear on this particular point.

I would be inclined to bet on the OP"s parents winning in court, but it is not guaranteed.

Without meaning to be pedantic, do mean Dutch law that is the primary governing law for Booking.com accommodation, UK law that Booking.com says you may apply if you live in the UK or Spanish law which is what (probably) governs the contract for the accommodation itself?

Which particular point? With regards to OP not being able to stay in the room for the night that would be a benefit of the contract they were unable derive due to a lack of reasonable care and skill in carrying out the service entitling them to a price reduction for what was missed. EU law has changed slightly since we left but being a fundamental principle I would assume similar would currently apply under Dutch or Spanish law. 

The alternative is challenging Booking.com's position as a platform that isn't a contractual party to the actual booking?

brianposter

UK law because they paid Booking and, in reality, Booking frequently deal with compensation as part of the contract. 

They can argue that it is up to Booking to obtain appropriate compensation because, in general, they have the power to do so.

In practice it is difficult for Booking to argue that they normally deal with such things as a matter of course, but that it is only an ex gratia service.