Hotel wouldn't refund a flexible booking

enkelt

I booked two nights' stay in a hostel, for 3/10-5/10. I booked the refundable option. It says on the booking page:

Flexible Rate - This rate is the most flexible. Bookings can be cancelled up to 72 hours before your arrival date by 2 pm (and 7 days before the arrival dates of the 29th, 30th and 31st of December), without charge. You will be charged the total price of the reservation if you cancel in the 3 days before arrival. If you don't show up, you will be charged the total price of the reservation.

I cancelled my booking 1/10 10:00am, and immediately I was charged the full amount for two nights. I called the hostel, but they wouldn't do anything about it.

I know that by the terms and conditions, they have the right to charge me (or do they? Are these terms fair?). But I think it's very harsh:
(1) for a "flexible rate" to ask for cancellation 72 hours in advance
(2) to charge for two night (the second night is technically cancelled 72 hours in advance)
(3) to charge the moment I cancelled, which was 2 days prior to my first night's stay.

Is it legal to charge two days before my stay, because I cancelled it?

By the way, they have already found people to stay in my bed.

Penguin_

They are the terms & conditions you signed up for, you cancelled within the 72 hours before you were due to stay.

Westin

You seem to have cancelled outside of the free cancellation period so Yes, the penalty you agreed to has been made and seems fair.

enkelt

But are their T&C fair/enforceable? I mean let's say they said 500 hours instead of 72 hours. Would that be enforceable? Plus it's for the full amount?

Penguin_

enkelt said:

But are their T&C fair/enforceable? I mean let's say they said 500 hours instead of 72 hours. Would that be enforceable? Plus it's for the full amount?

Yes, because they are the terms displayed on the booking screen.

Hoenir

enkelt said:

 You will be charged the total price of the reservation if you cancel in the 3 days before arrival. If you don't show up, you will be charged the total price of the reservation.

I cancelled my booking 1/10 10:00am, and immediately I was charged the full amount for two nights.

Those were terms and conditions you agreed to when making the booking. 

Ayr_Rage

Agreed, hostel completely within their rights to charge you as per the Ts and Cs which you accepted when making the booking.

DullGreyGuy

enkelt said:

But are their T&C fair/enforceable? I mean let's say they said 500 hours instead of 72 hours. Would that be enforceable? Plus it's for the full amount?

You have no statutory rights to cancel a hotel stay so anything they offer is beyond what they are legally required to offer. 

In certain circumstances, like it being advertised as "fully flexible" but requiring 21 days notice, there may be a chance of arguing its unfair terms/false advertising etc but 72 hours isn't unreasonable and 2 nights isn't a massive penalty. Ultimately pay the courts the fees and see what a judge says but I suspect you'll be loosing more money in doing so. 

Clive_Woody

The T&Cs you agree to influence the price charged. You agreed to these terms when you made the booking so were aware of the cancellation timelines. I know some hotels allow cancellation up to the day before, but this usually entails a hgiher cost for the room. Not sure you're going to get anywhere with this.

sheramber

Are these terms fair?

If you disagree with them then don't book  with them.

You made one booking for two nights  , not one for each night , so the start date of your booking aplies.

eskbanker

enkelt said:

But are their T&C fair/enforceable? I mean let's say they said 500 hours instead of 72 hours. Would that be enforceable? Plus it's for the full amount?

Which legal jurisdiction applies to this booking?  If the company is UK-based then you may have some protection from the unfair contract terms legislation applicable here....