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Ash
Ash, Solicitor
Category: Law
Satisfied Customers: 10915
Experience:  Solicitor with 5+ years experience
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At 10:05 on the 8/11/2014 I booked a flight for 3 people to

Customer Question

At 10:05 on the 8/11/2014 I booked a flight for 3 people to Rome with Easyjet out 6/feb/2015 ret 9/feb 2015. I was then directed to their hotel page where I booked a triple room at the Visconti palace hotel. To my horror I received two confrimations from Booking.com one at 10:06 and one at 10:09. Realising my mistake I immediatley contact booking.com customer service to try and cancel one of the rooms. After several emails it appears much to my annoyance that the contract I have entered into is binding and non negotiable and there is no way my simple mistake can be redressed either by the hotel or booking.com. Do I have any other options?
Thank you *****
Submitted: 2 years ago.
Category: Law
Expert:  Ash replied 2 years ago.
Alex Watts :

Hello my name is ***** ***** I will help you with this.

Alex Watts :

For now please let me know what their terms say about cancellation ?

JACUSTOMER-09rltlqe- :

Hi Alex

JACUSTOMER-09rltlqe- :

The cancellation policy seems rigid













Cancellation policy
Please note, if cancelled, modified or in case of no-show, the total price of the reservation will be charged.

Any cancellation or modification fees are determined by the property. Additional costs will be paid to the property.

Cancellation cost

  • EUR 498


This reservation can't be canceled free of charge.

JACUSTOMER-09rltlqe- :

It was totally a mistake on my part

JACUSTOMER-09rltlqe- :

They have deducted the full amount immediately despite giving the confusing impression that it will be deducted at the hotel

JACUSTOMER-09rltlqe- :











Payment

You have now confirmed and guaranteed your reservation by credit card.

All payments are to be made at the property during your stay, unless otherwise stated in the hotel policies or in the room conditions.

Please note that your credit card may be pre-authorised prior to your arrival.


This property accepts the following forms of payment:

American Express, Visa, Euro/Mastercard, Diners Club, JCB, Maestro, CartaSi

Alex Watts :

So did you process it twice or was it an error on their part?

Customer :

I think I may be at fault with a slow connection, I was redirected fom Easyjet to booking.com where I tried and thought I had failed to make the booking. I went onto booking.com directly to make the booking. It was when I saw the 2 confirmation emails 4 mins apart one from Visconti Palace Hotel and one from booking.com that I realised my error and took immediate action to rectify it

Alex Watts :

Ok- if it was a system error and THEIR fault then you would be entitled to a refund.

Alex Watts :

However in this case because it is your fault, you are not entitled by law to a refund.

Alex Watts :

There is only one way you can do this, is write and say it was a mistake.

Customer :

Believe me I have done that

Alex Watts :

If you paid by CREDIT card you can contact your card issuer and challenge the double charge.

Alex Watts :

If it was not then your only option is to try and go to Court.

Alex Watts :

You need to write and set out your losses and request a refund within 14 days or say you will go to Court within 14 days. You should make sure you send this signed delivery and keep a copy.



If they do not refund you then you can issue proceedings in the County Court. You can either do this online at: www.moneyclaim.gov.uk or by completing form N1 http://hmctsformfinder.justice.gov.uk/courtfinder/forms/n001-eng.pdf and take it to your local County Court.



The Court will then issue a claim which a copy will be sent to the Defendant who will have a limited time to defend it, if not you can enter Judgment and enforce.



If the matter is defended it will be set down for a trial. If the claim is for £10,000 or less it will be a small claim and you will not need representation.



Can I clarify anything for you about this today please?

JACUSTOMER-09rltlqe- :

Thank you

Alex Watts :

Does this answer the question for you?

Alex Watts :

If this answers your question could I invite you rate my answer before you leave today.


If the system won’t let you please click reply.



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