Non refundable hotel reservation that has horrendous reviews

redtea

Hi, I stupidly booked a non refundable hotel in Brighton for July yesterday and have since read a lot of really awful reviews. The pictures on the booking site are very nice but having gone down a Google rabbit hole it looks like those pictures are estate agent pictures from years ago and there are many pictures of filthy sheets, carpets , bathroom etc from multiple reviews and comments of there being no towels, taps or showers not working or not working properly, TV not working etc. Toilet roll being soaked from the room above 3 days on the run. There's even one that sounds very worrying about a driving licence being taken and reappearing after they checked out. Multiple reviews say that the room was obviously not cleaned in a while and the photos of the stained sheets are grim.

There are some ok reviews but they seem to be older. The description online of the hotel definitely seems very different to people's experiences.

I booked via Priceline who I have never used before.

Basically is there any way of getting a refund on a non refundable booking that is less than 24 hrs old due to the misinformation/ misrepresentation of the site? The photos are lovely and there are some nice reviews on there but after looking for more photos after booking I discovered bad, worse and scary. I'm not sure if I would even feel safe.

It was booked on a Barclaycard via Priceline if that is any help.

This is making me extremely anxious already and it's not till July.

Aylesbury_Duck

https://forums.moneysavingexpert.com/discussion/6653380/non-refundable-hotel-reservation-that-has-horrendous-reviews

In short, not really. You have a couple of options. One is to cancel, and then if you have evidence they have re-let the room you booked, claim the cost of the booking from them, minus whatever they might reasonably charge as an admin fee. The other is to go ahead with the booking, have an alternative up your sleeve and when you check in, if the room doesn't meet the description of the room you booked or if the room is unclean and they can't find you a clean alternative room, cancel your stay and claim back the cost of the booking.

DeathByFluffy

Not really - there's no automatic right to a refund despite it being less than 24 hours ago.

Your best bet is to arrive at the booking and if the service / room is that bad, claim a refund as it's not as described - but of course prices for nearby properties would likely be a lot higher than booking in advance.

Booking a non-refundable room isn't stupid - I do it all the time as do many others, but it's worth setting aside 5 minutes to deep-dive into reviews before hitting the magic button.

As much as I'd rather support small businesses, these days I try and stick to larger hotel chains as they have set processes / standards which tend to make the properties at least acceptable 99% of the time (except for Britannia, of course!)

Recently I did a bit of travelling and booked a hotel outside of a chain that had some quite galling reviews, but in the end was quite nice, so I wouldn't always trust what you read online either.

the_lunatic_is_in_my_head

Goods and services are generally not "non-refundable" in consumer contracts, as such a term may be tested for fairness under the grey list:

https://www.legislation.gov.uk/ukpga/2015/15/schedule/2

A term which has the object or effect of permitting the trader to retain sums paid by the consumer where the consumer decides not to conclude or perform the contract, without providing for the consumer to receive compensation of an equivalent amount from the trader where the trader is the party cancelling the contract.

and will usually boil down to costs or loss of profit.

However online reviews will tend to be more negative as people who have a bad experience are more likely to express their opinion over those who don't have a bad experience.

Should you stay at the place and the service doesn't conform to the contract, including anything the trader says or writes (I'd assume that isn't narrow enough to exclude images), then you'd be entitled to a price reduction.

https://www.legislation.gov.uk/ukpga/2015/15/part/1/chapter/4

Depending upon the type of stay, damages can also be awarded for loss of enjoyment for holiday contracts:

https://www.dekachambers.com/2020/06/09/general-damages-in-holiday-claims-a-recap/

eskbanker

Basically is there any way of getting a refund on a non refundable booking that is less than 24 hrs old due to the misinformation/ misrepresentation of the site?

You might be able to secure a refund but only once you have first hand evidence of what the place is like, rather than cherry-picking from review sites, so at this stage you don't have enough to support an allegation of misinformation or misrepresentation.

user1977

I might be more concerned about whether the hotel will still be trading at all by July, so I'd certainly have a backup plan in mind.

Grumpy_chap

@the_lunatic_is_in_my_head

On what basis have you determined the contract to be unfair as no refund if the consumer withdraws but also no refund if the trader withdraws?

the_lunatic_is_in_my_head

https://forums.moneysavingexpert.com/discussion/comment/81866288#Comment_81866288

Well the words copy and pasted above from the CRA along with the extensive CMA guidance,

https://assets.publishing.service.gov.uk/government/uploads/system/uploads/attachment_data/file/450440/Unfair_Terms_Main_Guidance.pdf

Sure we've been here before 😊

It doesn't say no refund if the trader withdraws, it says

"without providing for the consumer to receive compensation of an equivalent amount from the trader where the trader is the party cancelling the contract"

If OP cancels the trader keeps say £200, if the trader cancels they refund and give the customer £200.

But as per the CMA even this doesn't always create balance as a business has no particular interest in being able to end the contract, and therefore its agreeing to accept a severe financial sanction for doing so does not 'balance’ fairly a term imposing a heavy sanction on the consumer for cancelling.

TELLIT01

The booking is still 6 months ago and many things can change in that time. If it's as bad as reviews suggest it may have closed or be in new ownership.