Active discussions

Meet the Other Phone. Protection built in.

Meet the Other Phone.
Protection built in.

Buy now

Please or to access all these features

Talk
Money matters

Find financial and money-saving discussions including debt and pension chat on our Money forum. If you're looking for ways to make your money to go further, sign up to our Moneysaver emails here.

Original poster

Can a foreign hotel take legal action against you?

158 replies

Lilly1102 · 09/12/2024 18:21

I booked a hotel in Norway ages ago a life got in the way and I only got round to trying to cancel today. I thought it would’ve been a standard 3 day cancellation policy but when I checked today it’s 30 days!!! I know this is such a lesson to always read the fine print.

I sent a very polite email saying that actually, the reason I’m cancelling is due to a change of financial circumstances in the first place and asked politely if they could cancel my room and waive the fee (there’s still 2 weeks for someone to book).

The entire hotel stay would’ve been £2500 for a hotel in Norway and the hotel manager replied back saying everyone needs to adhere and pay and she offered me 4 months of £700 instalments.

They tried to take the money out today (ironically after I emailed to cancel) and it got declined because actually I’m maxed out on overdraft. I then ordered a new card with a new number in the hopes that they’ll never be successful in taking £2500+ out. I would be happy to pay a 1 nightly fee , that seems reasonable.

I’ve emailed them again apologising and saying I’m happy for them to ban me from their hotel list (it’s not really a chain) and I offered to pay some of it just not all (waiting for a response). It really has caused me great stress and anxiety because OBVIOUSLY if I knew they would charge the full amount within 30 days I would’ve cancelled sooner.

Tbh I’ve never heard of a 30 day cancellation policy before so this is new to me, I’ve only ever seen 3 days max.

i KNOW this is my fault and a lesson learnt but realistically, can a Norwegian hotel take legal action and will I get a bad mark on my credit score for this?

it’s causing me great monetary worry. I’m hoping the hotel manager sympathises because I’ve told her that I can’t even afford the monthly payment she’s offered me!

OP posts:
Lifestooshort71 · 09/12/2024 21:30

You entered into a contract with the hotel that had a cancellation period of 30 days and I think, considering it was for a lot of money, I would have made a calendar note on my phone when the period would expire - sorry, that doesn't help, I know. I don't suppose you took out travel insurance and can wangle a sick note? I also don't know whether a Norwegian Hotel can hunt you down for the debt but I'd be having sleepless nights. Good luck 🤞

YouveGotAFastCar · 09/12/2024 21:34

Nobody can really say. There’s nothing stopping them using the UK court system, and it’s not overly expensive, given the value of your stay. Whether it’s worth it in time/effort to them is a different matter.

Where is your contract with them governed?

PullTheBricksDown · 09/12/2024 21:36

You can't afford the monthly instalments but you could afford to book it with the prospect of paying it all in one go? 🤔 That's what I'm thinking so it's probably also what the hotel manager is thinking.

Changingplace · 09/12/2024 21:38

I don’t know about legal action but the hotel isn’t in the wrong here, you really should’ve checked before booking.

Might they let you sell the booking on to someone else who can use it? Or could you move the booking date to later next year so you have time to save up?

IDontHateRainbows · 09/12/2024 21:41

I reckon you've got away with it OP. The old 'change your card' trick. Doubt they'll come after you for it but it'll be a tense few months eh?

Original poster
Lilly1102 · 09/12/2024 21:42

PullTheBricksDown · 09/12/2024 21:36

You can't afford the monthly instalments but you could afford to book it with the prospect of paying it all in one go? 🤔 That's what I'm thinking so it's probably also what the hotel manager is thinking.

No i didn’t pay for it all in one go - it just needed credit card details to secure. I booked it 8 months ago thinking I’d definitely be able to afford it, circumstances changed and as someone else said, I should defo have put a calendar note in. But they’re actually haven’t cancelled the booking they’re just hoping I pay but I suggested surely they may as well release the room and someone will likely book it between now and two weeks time…

I’m just wondering whether they WILL take legal action and if so would they give me an opportunity to know that before I receive some kind of court letter :/

she offered I pay £700 a month but I wonder if they’d accept if I paid £50 a month? Surely they’re better off just releasing the room to someone else

OP posts:
Arlanymor · 09/12/2024 21:44

Is anyone else really going to book that close to Christmas now? I think you would have more luck in the height of summer, but not at this time of year. I think you need to negotiate a better scheme of payment with them.

Arlanymor · 09/12/2024 21:45

Also how many nights had you booked for that you think a one night fee is fair? Is it £2,500 a night?

Lufannian · 09/12/2024 21:46

I know it’s not what you’re asking. But what are you booking £2500 hotel rooms for when you’re at the bottom of your overdraft??

Original poster
Lilly1102 · 09/12/2024 21:48

Lufannian · 09/12/2024 21:46

I know it’s not what you’re asking. But what are you booking £2500 hotel rooms for when you’re at the bottom of your overdraft??

Because I love holidays and obvs wasn’t at the bottom of my overdraft when I had booked

OP posts:
Original poster
Lilly1102 · 09/12/2024 21:50

IDontHateRainbows · 09/12/2024 21:41

I reckon you've got away with it OP. The old 'change your card' trick. Doubt they'll come after you for it but it'll be a tense few months eh?

thank you for some reassurance! I hope so… I really do feel bad and it’s a lesson learnt but I don’t feel I need to be punished by paying the full amount of stay when I cancelled :(

OP posts:
Lufannian · 09/12/2024 21:50

Yeah I mean we all love holidays but come on.

Original poster
Lilly1102 · 09/12/2024 21:51

Arlanymor · 09/12/2024 21:45

Also how many nights had you booked for that you think a one night fee is fair? Is it £2,500 a night?

No the stay would’ve been 4 nights

OP posts:
sonjadog · 09/12/2024 21:52

What hotel is it that has such expensive rooms?? Did you order a special suite or something?

mariaberria · 09/12/2024 21:53

Is the hotel a chain or a small business? Think about what you're doing to them at what is prime holiday time. Will they fill the room at this late notice? That's the reason hotels have notice periods so they don't get screwed over and left with empty rooms.

Arlanymor · 09/12/2024 21:55

Lilly1102 · 09/12/2024 21:51

No the stay would’ve been 4 nights

Show quote history

Eek, so you were willing to pay £625 to write it off and they said no? You can kind of see why - I think the time of year is against you. It’s rough, I get it, but I think you need to find a reasonable negotiation with you. Cutting off your bank card won’t work if they have your address.

rookiemere · 09/12/2024 21:55

There is no such thing as a standard 3 day cancellation policy. Some bookings are non refundable from the moment you book, some are cancellable up to the day of departure.

For such an expensive booking, I certainly would have checked terms before committing. Ultimately they are the ones now with an empty room.

But yes I reckon if you cancel the card, you will probably get away with it.

ineedafairygodmother · 09/12/2024 22:00

OP your suggested payment plan of £50 per month would take more than 4 yrs to pay off!!!! Sorry I'm with the hotel on this one, their policy is 30 days notice to cancel without a fee and you didn't stick to that. Whether you read the terms and conditions or not, that's on you and for a hotel costing £600+ per night I would have read the T&Cs. I'm assuming they could take you to court for none payment, you could end up with a CCJ which would end up in your credit file or end up having to pay the amount in full plus the hotels legal costs to recoup the payment

PoundlandColumbo · 09/12/2024 22:00

You said you only just got round to cancelling it today, which suggests you knew a while ago that you weren't going. If that's the case I think you've been unreasonable. The polite thing to do would be to cancel as soon as you knew you were not going, regardless of the cancellation period. The hotel has done nothing wrong, all the blame lies with you.

foxandbee · 09/12/2024 22:01

I'm confused. You said you secured the room with a credit card, but that payment was declined because you are maxed out on your overdraft?

RadioBamboo · 09/12/2024 22:02

Arlanymor · 09/12/2024 21:44

Is anyone else really going to book that close to Christmas now? I think you would have more luck in the height of summer, but not at this time of year. I think you need to negotiate a better scheme of payment with them.

If you're worried about your credit record as I understand it the only way the hotel could blacken your name themselves without any further ado is if they already have an arrangement with the UK credit agencies (which they won't). The agencies won't just take the word of a random hotel overseas that you owe them money.

The other way to get your credit record messed up is through an unpaid court judgment. But to get to that point they would need to take you to court and win and you would need to still refuse to pay.

If you're worried about them taking court action then you need to check the T&C's. Is your contract governed by English law (unlikely)? In that case they could bring a UK small-claims case against you. My guess is that that is so unlikely that I would wait to see if it happens. If it does then all you're only marginally worse off - as well as the £2,500 you would owe them the court fee (I think less than £200).

Alternatively and more likely the contract is governed by Norwegian law. No one here is going to be able to give you advice about how a claim would work in the Norwegian courts, but it seems clear that you would lose if only by not showing up, and would possibly then have substantial legal costs added to your debt. The hotel would then need to go to the further trouble of enforcing that judgment through the UK courts. My guess is that they are unlikely to gamble a lot of time and costs upfront on a speculative hope that they can extract money from you eventually by a convoluted process, but no one can really say.

biscuitsandbooks · 09/12/2024 22:03

Four nights for £2500? Are you quite mad?

Wibblywobblybobbly · 09/12/2024 22:10

They probably could sue you, albeit that it deoends on a number of factors. But it would be a right pain and probably not worth the hassle for them.

LSTMS30555 · 09/12/2024 22:10

Very much doubt they can do anything.
Even if they could would it be worth them pursuing? It'd cost them a lot to chase for payment.

Onthesideofthespiders · 09/12/2024 22:15

Even if you weren’t in your overdraft, it sounds like you couldn’t afford it anyway. Do you not have savings? If you don’t have savings to cover this cost then you couldn’t afford it even from the moment you booked.
Why are you booking such expensive things when you’re on the bones of your arse, paycheque to paycheque with no savings?