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Original poster

To complain to the banking ombudsman over this?

51 replies

ShittingHell · 03/03/2021 08:36

I've had a 'non refundable' hotel only booking in Paris for the end of March. It was booked at the beginning of last year. Not covered by insurance I've already checked. Obviously the trip will not be going ahead. The hotel and associated theme parks are all closed. Flights were cancelled and tickets refunded. Just the hotel which is an offsite partner Disney hotel. They won't budge and refund despite several requests. They may let me amend but I'm going to struggle with this as have limited holiday from work, other things already transferred from last year and no idea when we would be allowed to go abroad anyway! I've claimed on my credit card. They've rejected it because I tried to cancel before the hotel did apparently. This is true but only because I knew this was going to happen. I feel it's a cop-out. The CMA states you can't be charged for services you haven't received yet I'm being told tough! Not sure whether to leave it, try and squeeze the break in later in year and hope for the best or keep on fighting. Help!

OP posts:
24butfeeling80 · 03/03/2021 19:34

The only thing you can do is either amend the booking to late in the year and try again, or at a time suitable for you.

If you really can’t go at any point so can’t amend, offer the holiday to someone on Facebook or family/friends, you’ll get some money back then at least and someone else can enjoy the holiday when everything reopens.

OnceUponAThread · 03/03/2021 19:46

I'm afraid if you cancelled rather than waiting for the hotel to do it you have thoroughly snot yourself in the foot here.

Non-refundable doesn't apply if THEY cancel. Only if YOU do. If you jumped the gun and cancelled first they don't have to refund you anymore. This will also have invalidated your insurance.

I honestly think you'll struggle with the ombudsman as well unfortunately. Section 75 works if the hotel fails to deliver, but since you cancelled the hotel has upheld all of its obligations on a non-refundable trip.

The only glimmer of hope I can see is that you said you "tried to cancel" - if you were unsuccessful and the hotel were the ones who pulled the plug then it is a different story and you get your cash back. Unfortunately if you pressed ahead then you are legally stuck,

They're being generous offering you a rearrange so I would go for that!

OnceUponAThread · 03/03/2021 19:51

Shot not snot obviously.

Exhausted4ever · 03/03/2021 19:57

You won't get your money back even if you go to the ombudsman. You cancelled a non refundable booking, it doesn't matter why, the short of it is you cancelled and thus you aren't entitled to a refund. I guarantee you that the ombudsman will agree with your credit cards decision. Unfortunately all you can do is amend or loose the money and take this as a lesson, don't book non refundable again, especially without insurance.

Daphnise · 03/03/2021 20:22

Those who book holidays in times like this- a year now- should stop moaning when they encounter difficulties.

Who would ant to go to France anyway, with such a miniscule number of their population vaccinated?

KrisAkabusi · 03/03/2021 20:24

If the hotel is going to be closed on the dates you've booked then of course you should get a refund. "non refundable" my arse! That's if YOU change your mind. Not if they are closed

Yes, but the OP did cancel it, so she hasn't a leg to stand on!

Hopdathelf · 03/03/2021 20:27

It’s frustrating having to wait for something to be cancelled on you when you know it’s inevitable but the point of the s75 claim as a back up is that you have some comfort in a refund if they do cancel on you. It’s not carte blanche to cancel when you decide it’s inevitable.

Original poster
ShittingHell · 03/03/2021 20:57

@24butfeeling80

You booked it during Covid.. on a non refundable booking. You unfortunately don’t have a leg to stand on.

Had you booked before CV you’d probably have a slight chance, still non refundable but may have been able to fight it.

But more fool you for booking in uncertain times let alone on a non refundable basis.

I understand your frustration but you can’t really blame anyone but yourself Sad

I booked it before CV actually. So please read the thread before calling me a fool
OP posts:
Original poster
ShittingHell · 03/03/2021 21:04

Just to clear some other things up. For the person who asked yes the credit card credited my account and have now said they will be debiting it. Not an issue I haven't spent it!
I didn't succeed in cancelling the booking first. I asked what the options were and whether I could cancel or amend before I knew we would be in lockdown again. I was told no on several occasions! I asked to cancel for the final time when the hotel announced they weren't opening on my travel dates. Still told no! But could amend but need exact dates. Which I can't give when I have no idea when international travel will resume. I've said all of this to the Halifax, sent copies of emails and everything and they've still rejected it on the basis I enquired about cancelling first?!
I did this because anyone with half a brain knew that at the end of last year there was no chance Disney would reopen at the beginning of Feb!

OP posts:
Adelino · 03/03/2021 21:07

I am fairly certain there was an EU law which states that all people who had booked accommodation were to be offered to rebook or vouchers to rebook which could last I believe up to 18 months. If after this time the customer wished to cancel then a refund had to be given.

Just found a link:
It us in French but you can google translate it.
www.service-public.fr/particuliers/actualites/A13965

It is an official French administration site so useful to quote to the hotel.

Adelino · 03/03/2021 21:09

If the above does apply to you then raise it with Disney Paris accommodation services because it sounds like they are breaking the law.

1Morewineplease · 03/03/2021 21:15

So you booked a 'non-refundable' holiday that isn't covered by insurance and you're dissatisfied.
Hmmm, let me see...

Ownerofmultiplechimps · 03/03/2021 21:26

In my experience tried to cancel & asked to cancel are different things, if you cancel & the merchant accept this then you’d usually get confirmation of this. If they’ve credited then plan to debit it’s likely they’ve done a chargeback via Visa or MasterCard rather than considered it under Section 75 from a breach of contract or misrepresentation pov. If the hotel is closed they can’t argue the service is available to you because it’s not available to anybody. Obviously without seeing your specific t&c’s it’s difficult to comment on your exact situation but you can ask them to look at it under S75 if they haven’t done so.

KrisAkabusi · 03/03/2021 21:32

Adeline:
I am fairly certain there was an EU law which states that all people who had booked accommodation were to be offered to rebook or vouchers to rebook which could last I believe up to 18 months. If after this time the customer wished to cancel then a refund had to be given

She was offered to rebook, but she chose not to.

LunaHeather · 03/03/2021 21:36

I thought non refundable meant any circumstances including things like the customer being ill, the holiday area having hurricanes. Literally anything.

So I can't see how a claim would work. I thought the point was people take the risk to get a lower price.

OnceUponAThread · 03/03/2021 21:53

@ShittingHell

Just to clear some other things up. For the person who asked yes the credit card credited my account and have now said they will be debiting it. Not an issue I haven't spent it! I didn't succeed in cancelling the booking first. I asked what the options were and whether I could cancel or amend before I knew we would be in lockdown again. I was told no on several occasions! I asked to cancel for the final time when the hotel announced they weren't opening on my travel dates. Still told no! But could amend but need exact dates. Which I can't give when I have no idea when international travel will resume. I've said all of this to the Halifax, sent copies of emails and everything and they've still rejected it on the basis I enquired about cancelling first?! I did this because anyone with half a brain knew that at the end of last year there was no chance Disney would reopen at the beginning of Feb!
If they refused to let you cancel, this changes everything. Non-refundable doesn't come into it if they are the ones who cancelled it.

Have you got it in writing that they said no you can't cancel? How did they phrase it? It would be very odd if they refused to let you cancel as they can hardly force you to go on hols.

If - on the other hand - you asked for your money back when cancelling and they said no, that could be taken as agreeing the cancellation but rejecting the refund. Which means you're back in no leg to stand on territory.

If they properly said no you can't cancel I would get in touch with Resolver.co.uk and see what they say.

Jimdandy · 03/03/2021 21:56

It’s irrelevant that they’ve said it’s non-refundable. It’s frustration of contract. They cannot perform the service you have contracted for.

You’re entitled to a refund

Bagamoyo1 · 03/03/2021 22:01

@24butfeeling80

You booked it during Covid.. on a non refundable booking. You unfortunately don’t have a leg to stand on.

Had you booked before CV you’d probably have a slight chance, still non refundable but may have been able to fight it.

But more fool you for booking in uncertain times let alone on a non refundable basis.

I understand your frustration but you can’t really blame anyone but yourself Sad

I think OP said she booked it at the beginning of last year, which was pre Covid.
KrisAkabusi · 03/03/2021 22:07

It’s irrelevant that they’ve said it’s non-refundable. It’s frustration of contract. They cannot perform the service you have contracted for.

The contract ended when the OP cancelled the booking instead of changing the date.

I can sympathize, but the OP should have waited for the hotel to cancel the booking instead of doing it herself.

GreenWillow · 03/03/2021 22:19

Had you not cancelled, you would hav ehad a cliam as, in England, the contract would have been frustrated my way of supervening illegality.

That is to say that a new law has been passed since the inception of the contract that now renders its fulfillment illegal. This area of law came into being during WW1 where most trade with Germany was rendered illegal, there are a lot of parallels with the current Pandemic.

Unfortunatly, you cancelled though, rather than wait it out. This has really scuppered your chance of getting your money back.

That said, there is no such thing as a 'non-refundable deposit' in legal terms, a company can only keep monet it will actually have lost as a result of your cancellation. Just because they are calling it non-refundable, that doesn;t make it so.

Can you really be arsed though? French law might well be different, and you will be paying through the nose for french legal advice in the UK.

GreenWillow · 03/03/2021 22:22

...also, at the risk of pedantry, there is no such thing as the Banking Ombudsman anymore, there is the Financial Ombudsman Service, which deals with compaints against financial institutions.

Original poster
ShittingHell · 04/03/2021 08:56

What I can't get my head round fully is they are saying it's me who cancelled first. Yes I tried to but was refused. I have it in writing. Their last reply to me was the hotel had said no cancellation only amendment. So in my eyes the cancellation didn't happen. If they had replied saying yes it's cancelled and you won't get a refund it would be different. So frustrating. I'm hoping the ombudsman will reply in next week or so then if I don't get a good feeling from the initial reply I will have to amend and squeeze another trip in that's inconvenient and expensive!

OP posts:
GreenWillow · 04/03/2021 15:02

The ombudsman? Why would you complain to them?

The hotel is not a regulated body, so complaints against it are not within the remit of the Financial Ombudsman Service.

It’s not even a UK business.

OnceUponAThread · 04/03/2021 15:37

@GreenWillow

The ombudsman? Why would you complain to them?

The hotel is not a regulated body, so complaints against it are not within the remit of the Financial Ombudsman Service.

It’s not even a UK business.

I presume complaining to the FO about the bank refusing Section 75. Which makes sense.
GreenWillow · 04/03/2021 15:41

Ahh, yes, I misread.

Hiding to nothing though I would expect. It’s unfortunate, but just one of those annoying things really.

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