Shizukakaka
New Member
Dear Legal Experts,
An international hotel had given me in total of 5 quotations from the period of 10th to 12th Sep'08. There were 4 hotel staffs from all across the world I liaised with before I finally made payment on the 17th Sep'08.
I confirmed I wanted the 3 (three) bedrooms apartment with 2 (TWO) bathrooms accommodation for the 6 of us.
Only after they charged my credit card for 10% down payment through SKYPE (chatting program like MSN), they issued an official billing receipt that said "NON REFUNDABLE" but on a 2 (two) bedrooms apartment with ONLY 1 (ONE) bathroom. I made payment thinking I was getting the 3 bedrooms accommodation. To the hotel's defense (only after the receipt was issued), the accommodation I asked for was already confirmed by someone else and they had arranged me to be in that 2 bedrooms apartment accommodation instead.
I decided to not use their services at all and sent them my cancellation notice 10 days before my arrival date.
I asked for refund to no avail. I cc-ed my complaint letter to Singapore Tourism Board. One of the staff replied calling me a liar and as I quoted from her email she was writing to her colleague and cc-ed to me"this typical C guest that is very unreasonable and making a hooha over a measly $42.40 SGD. We can easily oblige her and avaid the irritance but I don't think it is according to the terms."
Firstly, the 10% down payment is totaling S$234,8 and lost in their own internal miscommunication, they also charged me S$42,4 which I had never authorized.
I am now in contact with the Hotel's Regional Manager who says that once I agreed on staying in the Hotel, I am bounded by their terms and conditions.
I did a research and understand what's happening as a mutual mistake. I made payment thinking I was getting something else than what they were offering.
Does the mutual mistake automatically void our contract/agreement? Doesn't it mean I am no longer bounded by their terms and conditions once they deprived me from the 3 bedrooms apartment as I had confirmed I wanted?
Doesn't the mutual mistake voids the agreement and thus precedes the cancellation policy in their terms and conditions? Am I then entitled to get my money back?
I didn't stay at the Hotel and if I did get a lawyer, could I try for punitive damages since I AM distracted at work, fuming being called a liar. Is calling me "typical C guest" a derogatory terms?
Thank you so much for your time.
An international hotel had given me in total of 5 quotations from the period of 10th to 12th Sep'08. There were 4 hotel staffs from all across the world I liaised with before I finally made payment on the 17th Sep'08.
I confirmed I wanted the 3 (three) bedrooms apartment with 2 (TWO) bathrooms accommodation for the 6 of us.
Only after they charged my credit card for 10% down payment through SKYPE (chatting program like MSN), they issued an official billing receipt that said "NON REFUNDABLE" but on a 2 (two) bedrooms apartment with ONLY 1 (ONE) bathroom. I made payment thinking I was getting the 3 bedrooms accommodation. To the hotel's defense (only after the receipt was issued), the accommodation I asked for was already confirmed by someone else and they had arranged me to be in that 2 bedrooms apartment accommodation instead.
I decided to not use their services at all and sent them my cancellation notice 10 days before my arrival date.
I asked for refund to no avail. I cc-ed my complaint letter to Singapore Tourism Board. One of the staff replied calling me a liar and as I quoted from her email she was writing to her colleague and cc-ed to me"this typical C guest that is very unreasonable and making a hooha over a measly $42.40 SGD. We can easily oblige her and avaid the irritance but I don't think it is according to the terms."
Firstly, the 10% down payment is totaling S$234,8 and lost in their own internal miscommunication, they also charged me S$42,4 which I had never authorized.
I am now in contact with the Hotel's Regional Manager who says that once I agreed on staying in the Hotel, I am bounded by their terms and conditions.
I did a research and understand what's happening as a mutual mistake. I made payment thinking I was getting something else than what they were offering.
Does the mutual mistake automatically void our contract/agreement? Doesn't it mean I am no longer bounded by their terms and conditions once they deprived me from the 3 bedrooms apartment as I had confirmed I wanted?
Doesn't the mutual mistake voids the agreement and thus precedes the cancellation policy in their terms and conditions? Am I then entitled to get my money back?
I didn't stay at the Hotel and if I did get a lawyer, could I try for punitive damages since I AM distracted at work, fuming being called a liar. Is calling me "typical C guest" a derogatory terms?
Thank you so much for your time.