Online booking misrepresentation-entitlement to refund?

[Chimalus44]

Hello,first time on this forum.apologies if post is overlong.Looking for any advice on where I stand,legally, after booking a holiday appt. in Spain, via the HomeAway UK website.Upon arrival at appt. building,was informed that it was overbooked,we were shown to a 2nd floor flat instead of stated "penthouse appt."with own private solarium and sea views, refused to accept this.Spoke to owner on phone,he admitted mistake but apart from staying in the 2nd floor flat[one small,bedroom balcony,no other outside space],did not offer a suitable alternative.Could not reach HA UK customer support until the next day,as their phone lines were down due to "technical issues".In the meantime, booked overnight into a local hotel, then, using HA UK site, booked another appt. nearby for the duration of our 2wk break.HA customer support said they contacted owner, who admitted his mistake, said to supply bank details for refund,which we did through their website.Subsequently, received email from owner who stated, because of some spurious reasons he would not be refunding our money,seems that customer support are not being proactive in pursuing this[despite their Book With Confidence guarantee] and we have ended up paying for 2 appts.,as well as a hotel stay and 2 wasted days of our break [ps have used HA 3 times prior to this and never had any problems].Any advice on how to pursue this,even just for the principal of it?Thanks.

What does the book with confidence EXACTLY say?

Just checked

* If you can’t get into the property or if you discover that it was significantly misrepresented online (fewer bedrooms, material defects etc.), let us know in the first 12 hours. We’ll try to find you new accommodation so your trip can go on smoothly.*

Did you do this?

Keep on at the customer service if you ask me. I expect they are busy/understaffed (who isn't these days) and hoping you'll just go away.

Re the above, I would leave it to HA to pick holes in what you did. I can't see why they would, given you informed them and booked the second apartment through them. They still have had your business, they have acknowledged you are getting a refund, so I would write another stern email. Also did you pay with credit card? Worth looking into

Good luck, you have been poorly treated and deserve a resolution!

Did you book by credit card? If yes then you are protected under the section 75 of the consumer credit act .

This sounds rubbish
Have you tried tweeting home away about it?

Who is your contract with? The owner or home away? Check your t and cs so you know who to pursue.
As a pp has said if you paid over £100 on credit card you can contact the company for a section 75 claim.

Would certainly put me off using them if they don’t sort this for you
Why can’t they refund you then pursue the owner?