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Joshua, Lawyer
Category: Law
Satisfied Customers: 26070
Experience:  LL.B (Hons), Higher Prof. Dip. Law & Practice
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I have a dispute with online Booking Agent when I booked a

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I have a dispute with online Booking Agent when I booked a hotel and tried to change the dates of the booking I was told I was unable to change them.
Under European Legislation I believe this is illegal under the 7 day cooling off period and the Miss Sale of Goods Legislation and cross border e-commerce Legislation
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 booking you made was expressed to be non cancellable or whether it state it could be cancelled please?
Which booking agent is involved?
Customer: replied 2 years ago.
Thanks for the response, the Booking Agent is and there was a pop up box which only stated I could not Cancel the booking and that the full amount would be taken in the event of Cancellation or 'no show'. I believed that as is normal the payment would not be taken until arrival under these terms, but the full amount was taken and I was unable to amend the booking
Thank you very much for the above.unfortunately, hotel bookings are excluded from the cancellation of consumer contracts regulations which are the regulations you refer to which provide a cooling off period of (it used to be 7 days but is now) 14 days to cancel most products and services you order.

Hotel websites offer bookings which a) can be cancelled subject to a minimum notice being provided and b) non refundable bookings (which may but will not necessarily be cheaper than the bookings which can be cancelled).

If you selected a booking which was non refundable then the starting point is that the agent does not have to refund the booking if you cancel it. As above unfortunately there is no right to cancel under the above regulations because hotels, flights and so on are excluded from the regulations.

That is not quite the end of the story though. although as a starting point, the agent does not have to refund your booking if it was advertised as a non-refundable booking however, the common law in the UK requires them to so far as is reasonable, readvertise the room in order to try to resell it and if they can, refund the cost of the booking less any reasonable administration fee. However, unfortunately is not based in the UK but rather is based in the Netherlands and therefore the contract is subject to Dutch law so the above does not apply.

if you hold an annual travel insurance policy or have a specific travel insurance policy for the trip you propose to take, if you had to cancel the trip to to change of circumstances such as illness and so on, you may consider contacting your travel insurer as they may cover the cost of the cancelled booking.

I hope the above is of assistance though I am sorry it may not be what you had hoped to hear? 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
Joshua and other Law Specialists are ready to help you
Customer: replied 2 years ago.
Thanks for your assistance in this matter Josh, not what I wanted to hear but an honest answer all the same. I will continue to appeal to the hotels manager in the hope he is human.
I hope your appeals are successful. If I can assist any further as the situation develops please do not hesitate to revert to me