Agoda cancelled my confirmed paid hotel booking, refusing comparable replacement

Rocknrollah

https://forums.moneysavingexpert.com/discussion/comment/82007628#Comment_82007628

From my understanding, a section 75 claim has an impact on Agoda's account with AMEX. They will have to reimburse AMEX.

Rocknrollah

https://forums.moneysavingexpert.com/discussion/comment/82007643#Comment_82007643

Honestly, had they just gone about this in a reasonable fashion, I would have accepted.

Rocknrollah

https://forums.moneysavingexpert.com/discussion/comment/82007739#Comment_82007739

I checked with AMEX, the payment is taken on behalf of a UK based in entity. Therefore, the consumer rights act applies.

Grumpy_chap

https://forums.moneysavingexpert.com/discussion/comment/82008916#Comment_82008916

As mentioned up thread, at least one of those other sites is the same company as the OP purchased from.

https://forums.moneysavingexpert.com/discussion/comment/82008920#Comment_82008920

As I understand it, your understanding is incorrect.

S75 seems to be moot in this case as there is no debtor-creditor-supplier link.

dumpster_fire2025

https://forums.moneysavingexpert.com/discussion/comment/82008927#Comment_82008927

The entity taking the payment doesn't determine which countries laws apply. They make it clear which jurisdictions laws apply here in their terms and it's Singapore.

the_lunatic_is_in_my_head

https://forums.moneysavingexpert.com/discussion/comment/82008768#Comment_82008768

Sorry, for some reason I thought this was a package holiday.

brianposter

https://forums.moneysavingexpert.com/discussion/comment/82009045#Comment_82009045

It does not matter what the terms say. If you have paid a UK entity then UK law also applies.

Okell

https://forums.moneysavingexpert.com/discussion/comment/82009066#Comment_82009066

I'm not saying you're wrong, but are you 100% certain of that?

Okell

https://forums.moneysavingexpert.com/discussion/comment/82008920#Comment_82008920

But it's not clear that s75 applies here.

Not because of any uncertainty as to what jurisdiction's laws govern the contract, but because a s75 claim would require you to have paid the hotel direct.

You didn't pay the hotel direct - you paid an intermediary booking agent.

(Out of curiosity, where have you read that if s75 did apply then Agoda would have to reimburse AMEX? Under a s75 claim it's AMEX who would refund you. AMEX might have some sort of separate reimbursement agreement with traders, but that would be entirely outside s75 and I'd have thought it would be commercially confidential)

sheramber

If Agoda have to reimburse Amex , then Amex have applied a chargeback to recover the money from Agoda.
This is a different process to S75.

Amex may give you back the money with a warning that Agoda have 45 days to dispute the chargeback, resulting in Amex retrieving the money from your account to give it back to Agoda.