Full charge cancellation with debit card
My father made a reservation via booking.com for an apartment stay at seaside as a surprise present for me. Unfortunately, we aren't able to travel on the days that he booked. He cancelled the reservations immediately, only a few hours after making them, and three months in advance of the booked dates.
However, this was the first time he saw that apartment had a "full charge cancellation policy". He contacted booking.com who said they'd contact the owner to see if there is anything they can do, but he's not yet received an answer. He also asked if he can cancel the cancellation, someone else could go, but they said no.
The booking was made with a debit card that is nearly empty and he doesn’t need it for anything else. What are his options? I think he is prepared to go to court over this but he is so upset I'm realy worried for his health. He is 70 and has already had 2 heart attacks.
We live in the European Union and the apartment is also in the EU.
Best Answer
Unfortunately he has no options, the cancellation terms are quite plain and straightforward, regardless of the period of notice given. If you aren't willing to abide by the conditions, then you shouldn't book under them.
If you attempt to report this as fraud, the website and hotel can show that you agreed to the terms and the card issuer won't refund your money.
A court is extremely unlikely to do anything in this situation - you would spend more money on lawyers than a positive outcome.
If the card fails, then the charge can be sent to debt collection, as its a valid debt.
I'm sorry, but thats the way it is.
Edit: MadHatter added in the comments that the EUs Distance Contracts Directive may help here as it has an inbuilt cooling off period during which the consumer can withdraw from the contract without penalty.
But unfortunately, as he also noted, accommodation is actually exempted from that cooling off period:
- Articles 4, 5, 6 and 7 (1) shall not apply:
...
- to contracts for the provision of accommodation, transport, catering or leisure services, where the supplier undertakes, when the contract is concluded, to provide these services on a specific date or within a specific period;
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Can you cancel a charge on your debit card?
Disputing a debit card charge involves contacting your bank and asking it to cancel the error, which restores your balance to its previous level. The bank's final decision can take up to 10 business days. Call your bank's customer service hotline, which you can usually find online or on the back of your debit card.Can I cancel a charge through my bank?
To stop payment, you need to notify your bank at least three business days before the transaction is scheduled to be made and your bank may charge a fee. The notice to stop the transaction may be made orally or in writing. A bank can require written confirmation of an oral stop payment request.Does Cancelling a debit card stop pending transactions?
You can cancel a pending transaction on a debit card. Whenever you use your debit card for a purchase, you'll see that transaction noted as "pending" when you go to check your bank's website or app.Can I get a refund if I cancel my debit card?
As long as your bank account was not closed, you can get your money back if you cancel a debit card. The refund will show up on that same account too! If you've canceled your card but haven't closed out the account, it is possible for a merchant to refund money back onto that canceled debit card.More answers regarding full charge cancellation with debit card
Answer 2
No, there is no any alternative for this..You should be careful before doing the reservations..because there is clearly written about the terms and conditions..so if you complain against the site also then still I do not think that they will refund your money..
Answer 3
Firstly, please tell your father not to worry and put a strain on his health. Since you've mentioned that he used a debit card without much balance and also that this transaction hasn't posted to the account, they're in a strong bargaining position.
There are various things you can do at this point, the easiest being cancelling this card and getting a replacement issued. You can report to your bank that the card may have been compromised or lost.
If you didn't want to do that or couldn't do that and for some reason the merchant decided to pursue the matter, they would need to do so in a Small Claims Court in a jurisdiction which should be specified in your booking and cancellation document. This is not a criminal matter and no penalties can be imposed on your father, except for the amount the court decides. It is extremely unlikely that any reasonable court will find your father in the wrong given these circumstances. It is also highly likely that the merchant in this question can't pursue a case against your father but needs to go through the arbitration process that they agreed to on that site. See Section 13 here, this may not exactly be the same but it will be on those lines. So in all practical terms any formal legal proceedings are out of the question.
Please note this is not legal advice and shouldn't be treated as such. Please do share your experience with us of the outcome, so that it helps others in a similar situation.
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