Left disgusting hotel who won't refund, can I get my money back?

[FreeBit]

Hello,

Thank you for reading.

I booked a hotel via Booking.com for a stay at the end of November 2023

Booking.com took £526.12 from my current account via PayPal

When I arrived at the hotel it was nothing like it was described, there were a multitude of issues, including: building works, workmen, debris, tools, noise. Because of this there were no facilities, no pool, gym or food. In addition my room was disgusting, mouldy, damp, dirty, freezing cold and blood stained (yes, you read that right). I took photos and videos of all of the above.

I politely told the receptionist that I would like to leave, she said it was fine and that they would have Booking.com give me a full refund. I recorded this conversation on my phone.

I cancelled the booking myself also on Booking.com's website and submitted lots of evidence via photos and videos, to support my request. the cancellation policy is this:

If you cancel after reservation, the cancellation fee will be the cost of the first night. If you don't show up, the no-show fee will be the same as the cancellation fee.

Booking.com stated that the hotel have rejected my claim and therefore they (Booking.com) cannot do anything. They have offered me a compensatory amount of £75 for inconvenience (which I have yet to receive). They state the cancellation policy is only if the hotel accepts your refund request!

I have contacted the hotel a couple of times and they have palmed me off by either saying that they have not heard from Booking.com or that they will deal with it, they speak over the top of me and are dismissive.

Unfortunately I now realised that the hotel, and their sister hotels have terrible reviews. There are other tales just like mine. It's almost like a scam, they seem to do this, utilising Booking.com as a sort of firewall, to take people's money and then not refund it when people leave because the place is an absolute dump.

I spoke to PayPal on the phone, they said I was eligible for Buyer Protection for a purchase that was 'significantly not as described.' Sadly, PayPal then promptly closed the dispute stating 'Not eligible for Buyer Protection' and there is no further action I can take here, they state their decision is final.

I have been to Citizen's Advice, they advise a letter before court to the hotel, and if this is unsuccessful, pursuing the hotel via small claims...however, when I looked on Companies House, I discovered that the hotel was dissolved in September 2023 and my booking and payment were taken after that.

Please does anyone have any advice as to what I can do next to get my money back? Can I still send a letter before court and then pursue them via the courts if they have dissolved?

As I say I have ample evidence to show the state of the hotel and why I left, I also have the recording of the hotel stating that I can leave and that they would issue me a refund...

Thank you for reading, all thoughts are very welcome.

[islandgirl]

was the hotel in the UK?

[FreeBit]

was the hotel in the UK?

Yes

[islandgirl]

I am sure those who have more experience in this area than I will be along to help but I did have an issue with Booking.com although only for around £60 and different circumstances but I did eventually get it by escalating through customer service at booking.com and refusing to accept no! How far have you been through customer services? This is hugely frustrating for you and I do worry when I book through them that I may end up in a similar situation

[FreeBit]

I am sure those who have more experience in this area than I will be along to help but I did have an issue with Booking.com although only for around £60 and different circumstances but I did eventually get it by escalating through customer service at booking.com and refusing to accept no! How far have you been through customer services? This is hugely frustrating for you and I do worry when I book through them that I may end up in a similar situation

Thank you for your reply and I'm pleased you were victorious in your case. I have escalated the complaint with Booking.com, to a point where they claimed their hands were tied as the hotel have the funds and they are refusing the refund, Booking.com offered the small compensatory amount and when I asked to escalate the complaint further or speak to a manager, the chap, who was helpful, said that that was it, the final answer from them and there was nothing further that could be done.

I am appalled, I have spent thousands with them over the years and in fairness had many excellent experiences. It's very unfortunate that this one terrible experience has put me off for life.

[R0b]

Couple of immediate thoughts:

1. Can you share the name of the dissolved company

2. You may be able to sue PayPal for breach of contract under the buyer protection scheme. The terms of the scheme talk about items but also at time refer to transactions or services, which would suggest paid services are part of the scheme unless they fall within the ineligible categories. The terms also state PayPal has the sole discretion to determine if you are eligible or not, which in my view could be construed as an unfair contract term under the Consumer Rights Act 2015. Theoretically, you could qualify under the scheme according to the terms but PayPal could in their sole discretion determine you are not eligible despite meeting the criteria which in my view is inherently unfair. It is also odd that they have not given an explanation why you were deemed to be ineligble.

3. Your payment and stay was after September when the company dissolved so that suggests to me there is an arguable basis for claiming that whoever you contracted with was not the dissolved company but someone else or another company, particularly the owners if you somehow know who they are. Maybe that's information you could get from Booking.com if they would be willing to share.

4. Sadly, booking.com are just mere facilitators between the customer and the hotel owners, so no matter how much you spend via their platform, the contract will always be between the customer and the hotel owner. booking.com simply take their commission for facilitating the transaction and they are, for the most part, not required to assist you but of course that would reflect badly on them in terms of customer service. If you are looking for a refund from them, you are unlikely to get one.

[atticus]

There clearly was a trading entity operating the hotel when you booked. This will not have been the previously dissolved company. Can you get someone to check it out?

Analysis of the contract documents/Booking.com's terms and conditions will be necessary. If your contract was with Booking.com, your way forward appears to be to bring a claim against the company that trades as Booking.com. It appears that this is:

Booking.com B.V.
Oosterdokskade 163
1011 DL
Netherlands

Postal address:
Postbus 1639
1000 BP
Netherlands

(link)

If your contract was with the hotel, with Booking.com acting ast their agent, then you need to ascertain the trading entity that operated the hotel.

Next time, don't pay using Paypal but a credit card. You get a greater level of consumer protection. If your Paypal payment came from a credit card, try a claim with the card company under s75 Consumer Credit Act 1974.

[atticus]

From Booking.com's ts and cs:

B2. Contractual relationship

1. When you make (or request) a Booking, it's directly with the Service Provider - we're not a 'contractual party'.

Your claim appears to be against the business that operated the hotel at the time you booked.

[FreeBit]

Couple of immediate thoughts:
1. Can you share the name of the dissolved company
2. You may be able to sue PayPal for breach of contract under the buyer protection scheme. The terms of the scheme talk about items but also at time refer to transactions or services, which would suggest paid services are part of the scheme unless they fall within the ineligible categories. The terms also state PayPal has the sole discretion to determine if you are eligible or not, which in my view could be construed as an unfair contract term under the Consumer Rights Act 2015. Theoretically, you could qualify under the scheme according to the terms but PayPal could in their sole discretion determine you are not eligible despite meeting the criteria which in my view is inherently unfair. It is also odd that they have not given an explanation why you were deemed to be ineligble.
3. Your payment and stay was after September when the company dissolved so that suggests to me there is an arguable basis for claiming that whoever you contracted with was not the dissolved company but someone else or another company, particularly the owners if you somehow know who they are. Maybe that's information you could get from Booking.com if they would be willing to share.
4. Sadly, booking.com are just mere facilitators between the customer and the hotel owners, so no matter how much you spend via their platform, the contract will always be between the customer and the hotel owner. booking.com simply take their commission for facilitating the transaction and they are, for the most part, not required to assist you but of course that would reflect badly on them in terms of customer service. If you are looking for a refund from them, you are unlikely to get one.

Thank you for your interesting and valuable thoughts.

The company is Crown and Cushion Hotel (Chipping Norton)

Your thoughts on PayPal echo my own entirely. I feel sure that I should be covered by their buyer protection and their "final say" seems entirely unfair. The problem is I have very limited energy to pursue it all as I have chronic fatigue. I really need to just get my money back from this vile hotel in as straight forward a way as possible (in a dream world).

There are some individuals named on Companies House: a Secretary and Director and another person with significant control. However these details relate to the dissolved company. I need to find out as you say who the owners or actual company is that the booking was made with.

Unfortunately Booking.com are a nightmare to get through to, I have spent literally hours on hold and at times they've just cut the line.

Thanks again.

[islandgirl]

Unfortunately Booking.com are a nightmare to get through to, I have spent literally hours on hold and at times they've just cut the line.

Thanks again.

I always use the message customer services and they email you back which keeps things in writing for future reference - customer service help at the bottom of the page and choose email. You have probably done this already however!

[atticus]

That company went into liquidation in October 2020. Another business will have been trading the hotel when you booked and stayed. The hotel's website does not give that information, and I have not been able to find it anywhere else online.

[FreeBit]

From Booking.com's ts and cs:



Your claim appears to be against the business that operated the hotel at the time you booked.

Thank you very much for your helpful and interesting thoughts.

It's very helpful that you have established who my claim is with, thank you. The next step is to find out who that is, would you have any thought as to how I might find that out please?

Thanks so much again.

[FreeBit]

I always use the message customer services and they email you back which keeps things in writing for future reference - customer service help at the bottom of the page and choose email. You have probably done this already however!

Thank you, I have used this horrific method of contact, it brings up a thread which is very locked down and will only permit one message at a time, their eventual responses are pitiful, consistently telling me that there is nothing they can do.

[FreeBit]

That company went into liquidation in October 2020. Another business will have been trading the hotel when you booked and stayed. The hotel's website does not give that information, and I have not been able to find it anywhere else online.

Interesting! They are absolute scam artists, they know exactly what they're doing. I can't help but wonder that if this is the daylight robbery that they are conducting for all to see, imagine what they're doing behind closed doors...I'd love to see their books! (Or have someone who knows what they're looking at see them ha).

[atticus]

A bit more digging and I have found this, dated 1 December 2023: Scroll down to the 3rd entry, as shown below

All Seasons Hotels Ltd	23 High Street, Chipping Norton, Oxfordshire	OX7 5AD

EDIT: For some reason I can't show the complete table, look at the linked web page.