Consumer Law, Warranties Hotel Cancellation

[Shizukakaka]

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.

 

[dee_dub]

It's not a mutual mistake - they knew full well what they were offering you. Problem is, you thought it was something else, and you put down your deposit in that mistaken belief.

Since your attempts to resolve the situation with the hotel have failed, you should contact your credit card provider to see if you can have the charges reversed on the basis that what you paid for is not what you received.

 

[Shizukakaka]

I tried that. My credit card provider insisted that they are going to need "a cancellation form" from the hotel. I sent the Hotel's quotation letter and a copy of the receipt and a copy reply email from Singapore Tourism Board to my credit card provider to emphasize the fact that the Hotel JUST does NOT want to return my money. They call themselves international hotel. Ironic.

 

[dee_dub]

That seems bizarre to me. Why would a hotel give out a "cancellation form" that you need to reverse the payment to them? If they were inclined to do that, they might just as well refund you your money directly.

 

[Shizukakaka]

My credit card provider went to VISA and apparently according to the procedure, VISA needed to go to The Hotel and "asked for permission" for a back charged. The Hotel just gave them the "cancellation policy" shite again. *fuming*

 

[dee_dub]

Right. So you're not going to be able to get the charges reversed with the hotel's blessing. Duh. (To your card provider, not to you!) Fortunately that is not the only way to have VISA charges reversed. You can also have them reversed because what you ordered is not what you received:

Visa cardholders can request their issuer cancel or reverse a charge where the merchant has not refunded the cardholder when:

* The cardholder has lawfully cancelled their agreement in accordance with the online, phone or mail order merchant's cancellation policy; or
* The purchased item has not been received or the cardholder can prove that the item is different from what was ordered and has been returned to the merchant.

http://www.visa.ca/en/personal/securewithvisa/epromise.cfm

Surely your card provider can be made to understand this.

 

[Michael Wechsler]

I'm a little confused - it sounds like you agreed on skype to 3 rooms 2 bathrooms. After they charged your card you received a receipt that was for 2 rooms instead. Do you have a transcript? If so, then why not send that to Visa and show them that you were charged for goods not received? Why not send it to the hotel and explain to the merchant that if they will not voluntarily refund your money, you will dispute and win, to the detriment of the merchant? I think I understood it all...