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JimLawyer
JimLawyer, Solicitor
Category: Republic of Ireland Law
Satisfied Customers: 17375
Experience:  Senior Associate Solicitor
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We are in a serious situation on our holidays in Italy and

Customer Question

Hi Pearl, we are in a serious situation on our holidays in Italy and had questions on our EU consumer rights.
JA: Have you talked to a lawyer about this? In which country do you live? If different, which country is your legal question related to?
Customer: i live in Ireland but the issue is in Italy
JA: What steps have you taken so far?
Customer: none
JA: Is there anything else the Lawyer should know before I connect you? Rest assured that they'll be able to help you.
Customer: I booked a week long stay for me and my girlfriend in Sorrento Italy. We arrived at the hotel to check in only to find out our booking at been cancelled at 11:00pm last night! We still haven’t received our refund of almost €1000.Customer: Chat is completed
Submitted: 7 days ago.
Category: Republic of Ireland Law
Expert:  JimLawyer replied 7 days ago.

Hello, this is Jim and welcome to JustAnswer.

I am one of the legal experts on the site and I am a dual-qualified solicitor (UK & Republic of Ireland)

Thank you for the question, I am reviewing the details now and I will aim to resolve it as quickly as possible for you.

Expert:  JimLawyer replied 7 days ago.

Sorry to hear of the issue.

EU consumer would apply to you here - you could raise a dispute with your bank or credit card company for the refund, which is possible.

If not then you would need to send a letter before action to the hotel to demand the refund - a template letter is attached which you are welcome to use.

If you include your international bank details in that letter (IBAN and BIC code) and give them 14 days to pay.

If they refuse to pay then you can use the European Small Claims procedure - which allows you to sue in a cross border claim up to 5,000e and it's dealt with on paper by a judge.

You need Form A and send to your local district court.

The site which has that form plus other information on the small claims procedure can be found here:

https://europa.eu/youreurope/business/dealing-with-customers/solving-disputes/european-small-claims-procedure/index_en.htm

Expert:  JimLawyer replied 7 days ago.

I hope this helps

Expert:  JimLawyer replied 7 days ago.

It was a pleasure to assist you today and I hope this answers the question.

If you have any follow up questions or if you would like me to clarify anything I have said, please let me know and I will be happy to help.

Many thanks,

Jim


Expert:  JimLawyer replied 7 days ago.

Just a final note that if you would like to reconnect with me at a later date, simply add me as a favourite expert and you can then tag me in a question starting off with @JimLawyer.

I look forward to helping you again soon.

Thanks again,

Jim



Customer: replied 7 days ago.
Jim,This booking was made with another agency. Does the hotel still have liability?
Expert:  JimLawyer replied 7 days ago.

Hi, the contract would be with the agency - is the agency in Ireland or another EU country?

Customer: replied 7 days ago.
Agency is in Italy
Expert:  JimLawyer replied 7 days ago.

OK, thanks - your claim would be against the agency as they would be liable in this instance