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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:
DreamW3aver · 09/12/2024 22:15

Is it £650 for one person per night? You must have had quite a spectacular chance in circumstances over a relatively short time.

Lesson learned to check the cancellation policy when you are back on your financial feet

Thingymajigi · 09/12/2024 22:21

Option 1. Ask if you could move the date and go later when you can afford it
Option 2. Negotiate paying some or all of it back.
Option 3. Do nothing. I doubt anything will come of it.

Arlanymor · 09/12/2024 22:25

RadioBamboo · 09/12/2024 22:02

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.

Guess you’re quoting me as I said try to negotiate a payment plan. It’s not my debt though, so might have been better off quoting the OP as then you tag their name and they will definitely see your advice.

Viviennemary · 09/12/2024 22:26

You are a chancer. Sorry but you owe this money and now you are trying to wriggle out of paying it. You only got round to cancelling it today. For no good reason I can see.

BananaNirvana · 09/12/2024 22:34

Can’t believe you’re “trying to get away with it” 🙄. They will have little chance of filling that booking now - you should pay up.

thehousewiththesagegreensofa · 09/12/2024 22:38

You mention that you think they should be able to fill the room in the next fortnight. But a fortnight from today is 23rd December so you're theory is that there is someone out there who wants to go to Norway for 23rd, 24th, 25th & 26th December to stay in a fairly expensive hotel and who hasn't made their plans yet. It seems unlikely, doesn't it?
As it was over Christmas, did it include some element of food? If so, with a fortnight to go, they should be able to cancel or reduce the food quantities so you could remove that from what you are owing.

HospitalitySux · 09/12/2024 22:40

You can try asking them to release & resell, but they might not agree, and would probably need to drop the rate, and expect you to pay the difference, or the full amount if it doesn't sell.

I've worked in hotels a long time and there's no such thing as a standard 3 day cancellation policy, they're all different, usually you will pay more for a cancellation date that's close to arrival date, flexible etc. Non refundable/or little window for cancellation is normally cheaper - but that's why, if your plans change you're stuck paying anyway.

I don't know if they would bother to take it all the way, but they might well if it's a significant amount for them or it's not too difficult for them to do so.

RadioBamboo · 09/12/2024 23:18

Arlanymor · 09/12/2024 22:25

Guess you’re quoting me as I said try to negotiate a payment plan. It’s not my debt though, so might have been better off quoting the OP as then you tag their name and they will definitely see your advice.

No sorry, I did not mean to quote you! (I'm guessing that Lilly will read the thread anyway.)

snowlady4 · 09/12/2024 23:32

I think you'll have to just pay it. Can you pay it on a credit card, then transfer that debt to a 0% apr card to pay it off? It's a costly mistake but not the end of the world. Don't avoid it- it will give you sleepless nights and just isn't worth it.

Fupoffyagrasshole · 09/12/2024 23:40

I’d definitely just cut off communication now and see what happens

probably nothing

Sonowimbackfromouterspace · 10/12/2024 00:03

Lilly1102 · 09/12/2024 21:42

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

It's not just the "fine print" that you don't read, it seems...the PP you have quoted said you booked with the prospect of paying it in one go. In other words, eight months ago when you booked it you did so with the idea that you'd be able to clear the balance in full when the time came.

What I don't understand is why -even if the policy to cancel had been three days- that you left it so long after realising you couldn't afford it. It is such a huge amount of money to lose (or in your case to pay when you don't even have it) that I could easily have been kept awake at night knowing I needed to cancel.

NantesElephant · 10/12/2024 00:12

I don’t understand this, why would you wait so long to cancel.

If they can fill the room for the dates you booked, they may do you a favour and allow you to move the booking.

pavillion1 · 10/12/2024 01:52

Wind uo

wrped · 10/12/2024 02:15

Pay them

You entered into a contract and didnt read the fine print

Hope you get caught for trying to wriggle out of it

MeanderingGently · 10/12/2024 02:18

Having lived in Scandinavia, including Norway, I know how expensive hotel stays are....the whole of Scandinavia is very expensive indeed so your stay costs sound about right.

Norway are sticklers for "doing everything correctly" so they will tell you that you have to pay. Apart from offering the £700 instalments, they would expect payment because that's what happens normally in their country. Norwegians are generally much more law abiding and follow the rules without quibbling, and trust each other to do the same.

However, as you are in the UK they are extremely unlikely to pursue it here. Norway doesn't have a special legal agreement and, although European, isn't even in the EU, so they are highly unlikely to do anything. It would be too expensive and too complicated. I am not a legal specialist but as I say, I have lived in Norway and know the system.

Since you have changed your card with the bank, I'm assuming it's now a different number and so the hotel can't do a debit? If so, and you really don't want to pay, you must just cease contacting the hotel entirely. If you offer a small amount, such as £50 a month or something, you are indicating you would like to pay and they will expect the full amount....and you will be giving them the means to track you.
It's really all or nothing....be prepared to pay, or if not, don't respond. At all.

Do bear in mind that if you ever return to Norway in the future, your passport will be logged as you enter the country and there is nothing to stop them still requiring the debt to be repaid once you are INSIDE their country though.

**My advice is purely in answer to your question about whether a foreign hotel can take legal action, not about morals, nor whether you should have cancelled sooner, since others have commentated on that already.

PivotPivotmakingmargaritas · 10/12/2024 02:47

You must have known ages ago that you wouldn’t be able to pay the whole amount

So why did you leave it so late and not check I think you are being rude and cheeky … you might get away with it but this is the reason hotels are changing to pre pay methods to stop people cancelling last minute

Next time book hotels within your realistic budget!!!

RogueFemale · 10/12/2024 02:57

MeanderingGently · 10/12/2024 02:18

Having lived in Scandinavia, including Norway, I know how expensive hotel stays are....the whole of Scandinavia is very expensive indeed so your stay costs sound about right.

Norway are sticklers for "doing everything correctly" so they will tell you that you have to pay. Apart from offering the £700 instalments, they would expect payment because that's what happens normally in their country. Norwegians are generally much more law abiding and follow the rules without quibbling, and trust each other to do the same.

However, as you are in the UK they are extremely unlikely to pursue it here. Norway doesn't have a special legal agreement and, although European, isn't even in the EU, so they are highly unlikely to do anything. It would be too expensive and too complicated. I am not a legal specialist but as I say, I have lived in Norway and know the system.

Since you have changed your card with the bank, I'm assuming it's now a different number and so the hotel can't do a debit? If so, and you really don't want to pay, you must just cease contacting the hotel entirely. If you offer a small amount, such as £50 a month or something, you are indicating you would like to pay and they will expect the full amount....and you will be giving them the means to track you.
It's really all or nothing....be prepared to pay, or if not, don't respond. At all.

Do bear in mind that if you ever return to Norway in the future, your passport will be logged as you enter the country and there is nothing to stop them still requiring the debt to be repaid once you are INSIDE their country though.

**My advice is purely in answer to your question about whether a foreign hotel can take legal action, not about morals, nor whether you should have cancelled sooner, since others have commentated on that already.

I agree with everything you say.

Harshtruth1111 · 10/12/2024 03:33

Hmm
I think it's very unfair what you are suggesting.
And unethical.
And morally unacceptable.

Happyinarcon · 10/12/2024 03:42

Will they let you reschedule the booking? I have done that in situations where I couldn’t cancel. It had to be within the year

Startinganew32 · 10/12/2024 04:15

You sound very bad with money. That’s an eye watering amount per night and then 8 months later you’re at the bottom of your overdraft. Hopefully you will learn a lesson and rein in the impulsive spending/booking from now on.

2Sensitive · 10/12/2024 05:15

They can't follow this up OP and they know it and that's why they tried to get it.
Cancel hotel, they will fill the room, ignore them

LondonPapa · 10/12/2024 05:36

MeanderingGently · 10/12/2024 02:18

Having lived in Scandinavia, including Norway, I know how expensive hotel stays are....the whole of Scandinavia is very expensive indeed so your stay costs sound about right.

Norway are sticklers for "doing everything correctly" so they will tell you that you have to pay. Apart from offering the £700 instalments, they would expect payment because that's what happens normally in their country. Norwegians are generally much more law abiding and follow the rules without quibbling, and trust each other to do the same.

However, as you are in the UK they are extremely unlikely to pursue it here. Norway doesn't have a special legal agreement and, although European, isn't even in the EU, so they are highly unlikely to do anything. It would be too expensive and too complicated. I am not a legal specialist but as I say, I have lived in Norway and know the system.

Since you have changed your card with the bank, I'm assuming it's now a different number and so the hotel can't do a debit? If so, and you really don't want to pay, you must just cease contacting the hotel entirely. If you offer a small amount, such as £50 a month or something, you are indicating you would like to pay and they will expect the full amount....and you will be giving them the means to track you.
It's really all or nothing....be prepared to pay, or if not, don't respond. At all.

Do bear in mind that if you ever return to Norway in the future, your passport will be logged as you enter the country and there is nothing to stop them still requiring the debt to be repaid once you are INSIDE their country though.

**My advice is purely in answer to your question about whether a foreign hotel can take legal action, not about morals, nor whether you should have cancelled sooner, since others have commentated on that already.

This is not entirely accurate. Civil judgements, including debt judgements are enforceable in the U.K. via post-Brexit agreements (the U.K. has a lot of agreements with Norway). If OP has a judgement against them in Norway, the hotel can pursue in the U.K.

MaggieBsBoat · 10/12/2024 05:43

Assuming that your contract is governed by Norwegian law and courts, they can and probably will instigate collection and court proceedings against you in Norway. You can then go to court in Norway and get given a payment plan from them. It works similarly to England and Wales. You will lose as you have breached your contract.
If they are very extreme then they can chase payment in the UK using a UK debt collector. They probably won’t.
You can do all this and be just an unethical pain in the arse or apologise and accept their payment plan now.

Howdoesitworkagain · 10/12/2024 05:47

It speaks to your selfishness and flippant attitude that you won’t tolerate “losing” £2.5k but you have no compunction in forcing a small business to suck up the loss by leaving cancellation ridiculously late (you’ve already said it’s not a chain). Presumably you’ve known for months that you haven’t booked flights and have no intention of doing so, so I have little sympathy with you and a lot for the hotel. It might be an expensive lesson for you.

JustMyView13 · 10/12/2024 05:48

I don’t think this will go away quickly. £2,500 is a lot of money in the hospitality world. If they’re able to resell the room you might get lucky, but if not they have every right to persue you. If multiple people booked, cancelled & didn’t pay the fee then they wouldn’t be able to continue to operate.

A word of caution would be to always check the T&C’s of the room you’re booking. Every hotel & every room rate has its own conditions. Advance purchase is often not cancellable, or cancellable with a fee. Then there’s various options where cancellation charges apply.

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