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Joshua
Joshua, Lawyer
Category: Law
Satisfied Customers: 26070
Experience:  LL.B (Hons), Higher Prof. Dip. Law & Practice
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I booked an apartment in London via booking.com. It was

Resolved Question:

Hi, I booked an apartment in London via booking.com. It was a non-refundable room and with no reception. I received a confirmation email from booking.com but was unaware that I was also supposed to have codes to access the property.
I arrived at midnight, could not access the property and my phone battery dies so I had no way of communicating with anyone. I ended up having to pay to stay in another hotel. The hotel is insisting that it is my fault and have charged me.
Can I claim the money back?
Submitted: 2 years ago.
Category: Law
Expert:  Joshua replied 2 years ago.
Hello and thank you for your question. I will be very pleased to assist you. I'm a practising lawyer in England with over 10 years experience.

May I ask if the codes were supplied to you please and if so how and when?
Customer: replied 2 years ago.
Hi, all I received was a confirmation email from the booking agent. It had a confirmation number and pin code. I assumed this was the code I might need for entry. I received absolutely no other information on how to gain entry.
The code given by the booking agent was simply for their use.
Expert:  Joshua replied 2 years ago.
Thank you for the above. So do I understand that you were not supplied with the entry code numbers? How were you supposed to be supplied with them?
Customer: replied 2 years ago.
Apparently I should have received an email with the information to access the property
Expert:  Joshua replied 2 years ago.
Thanks but you didn't receive that email? Finally was there any indication in the confirmation email or the blurb about the accomodation on the website that you would receive a separate email with the access code?
Customer: replied 2 years ago.
Hi, no I did not receive an email with any access information or codes. I had queried with the property because they asked for ID to be sent digitally, and they said they needed that because the properties were unmanned. At no point did I know I needed codes for access
Expert:  Joshua replied 2 years ago.
Thank you. On this basis the other party does not appear to have provided you with a resonable means of access to the property and on that basis would appear to be in breach of contract. Where the owner has provided reasonable means of access - e.g. had sent an email and made it clear in the confirmation email that you required such an email for access or had made available a notice at the property as to how to obtain access in an emergency or otherwise this would be considered to be reasonable performance of the contract, but a failure to make reasonable provision for access is a breach of contract and on this basis you would have a claim for breach of contract and the return of your money and you may also attempt a claim for any difference between that accomodation and the alternative accomodation you obtained if greater and providing it was of similar standard.If you paid on card which I assume you did you may having asked for a refund contact your card issuer and ask them to process a chargeback on the grounds of breach of contract. The card issuer will ask to see your request for a refund and the confirmation email as well as evidence you could not gain access - you presumably have an email from the owner acknowledging that you could not gain access and on this basis there should be sufficient to reverse the charge back into your account under the VISA or MAstercard or Amex chargeback rules.I hope the above is of assistance? If you have no further questions for now I should be very grateful if you would kindly take a moment to click to rate my service to you today or just reply back to let me know if the above is helpful. Your feedback is important to me. If there is anything else I can help with please reply back to me I'd be very grateful
Expert:  Joshua replied 2 years ago.
I hope the above is helpful? Can I help you with anything else or has the above answered your questions satisfactorily? If you could drop me a quick message to let me know I'd be very grateful.
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