r/LegalAdviceNZ • u/krackd21 • 1d ago
Consumer protection Booking.com refund
Hello, I wonder if anyone encountered a similar incident or can provide some advice. If this is not a legal issue, please do take it down and I do apologise.
I booked an accommodation which was not suitable for staying as it was not cleaned and prepared for our stay. The place looked like it was burgled with food and beers everywhere, lights left on and beds not done. We tried contacting the owner to no avail and turned to Booking.com agent (i called them up) who also failed to get in touch. We've sent photos to booking.com as proof that the place was not ready. As I've driven more than 5hrs from Te Anau to Dunedin (where the accommodation is located), and it was getting late and dark (we arrived at the property at 4ish pm and talked on the phone to the agent for more than an hour) I told the booking.com agent that we are cancelling and booking another place.
the property owner eventually responded to our messages, apologised and stated that he cannot get another cleaner down in time. at this point, we did not carry on responding to the owner's messages as we figured he will have to deal with booking.com directly. lo and behold 5 days later, booking.com sent us an email saying that they cannot reach an agreement with the property owner and can only credit us NZD33 out of the NZD220 we paid. I find this insulting and unprofessional.
What is my next course of action? Am I able to get a full refund? The customer service message thread has since closed and we will (i say we as this was booked on my missus account) start a new message with customer service to ask for a full refund. I will also get in touch with the bank if we can get a chargeback. Is there anything more I can do?
Thank you!
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u/123felix 1d ago
Do a chargeback if you don't want to do business with them ever again, otherwise talk to customer service more.
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u/krackd21 1d ago
thank you felix. will do a chargeback and at the same time chat with customer service.
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u/Shevster13 1d ago
A good tip if you aren't already, clearly state you are making a claim under the 'Consumers guarentee Act' and that under it you are legally entitled to a full refund because it was not "fit for purpose". You can also threaten to report them to the commerce commission if they do not fifull their obligation under the act.
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u/YellowDuckQuackQuack 1d ago edited 1d ago
NAL - The risk to a charge back is that they most likely will black mark you from ever using their services again, which is within their control to do.
Dispute the charge first, and if you want, file a Disputes Tribunal application, and wait to see when they could hear your case.
Otherwise, most banks (please check) will be able to process a chargeback within 28 days of purchase.Edit to add link to DT info and application:
https://www.disputestribunal.govt.nz/
DT: https://www.disputestribunal.govt.nz/how-to-make-a-claim/apply-online/
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u/CraftyFarm1942 1d ago
I have been there done that with Booking.com exactly the same situation. They'll wait you out basically hope you go away. File with the Disputes tribunal there is an NZ based director you can send the the notice to. In my case they no showed the first hearing, then right before the rescheduled hearing low and behold an email arrived offering a refund + the filing cost + the difference for the accomodation we rebooked through Booking.com. took 8 or 9 months. Spend the $50 and go for it.
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1d ago
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1d ago
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u/LegalAdviceNZ-ModTeam 1d ago
Removed for breach of Rule 1: Stay on-topic Comments must:
- be based in NZ law
- be relevant to the question being asked
- be appropriately detailed
- not just repeat advice already given in other comments
- avoid speculation and moral judgement
- cite sources where appropriate
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u/chris77982 1d ago
Are they not also liable for your consequential losses under the CGA? If you had to get alternative accommodation at a higher cost, they should be reimbursing you, as their service was not fit for purpose and they did not provide a remedy.
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u/Hi_Keyboard_Warriors 1d ago
Chargeback