Am I at Fault or Was I Scammed? (Dispute with Booking.com)

sk7 on 02/12/2022 - 15:58
Last edited 03/12/2022 - 17:49 by 1 other user

OK, I originally wanted just to do a review on google and booking.com but I really feel that won’t help me calm down much for the loss of my hard-earned money and the pain which I got on my vacation I really feel I need to give them back! So, I am here to ask what else can I do about it and looking for valuable inputs from fellow OzB!

A short version, this property is a 4-star rated, in the border of Gold Coast and NSW (Tweed Heads). Paid in FULL for the 5 days accommodation. While booking, I included a special request for late check-in for 10PM which was also approved by the property manager through booking.com. We arrived at property at 9.20PM just to see that reception was locked. After a lot of effort got in touch with the property manager informed, we were marked as no-show for a 5-day vacation. WHAT!! Our holiday plans were ruined just like that! He just asked me to find another accommodation as he cannot do anything and rudely hung up on us saying the reception is closed at 9PM and we did not make in time, and we are also disturbing in his family time! When I messaged him about if I can check-in the next day, he said the whole stay is marked as no-show hence he cannot accommodate us anymore! Upon reaching to Booking.com, the agent said they just try and raise a request to the property to do a free cancellation. Which the property immediately denied and said we are a no-show hence no refund (in thousands)! Believe me, I felt so horrible! I survived through the vacation but was very hard on my pocket!

Please take time to read through the full version and advice if I am at fault. That would at least help me to feel better and get over it!

Full version:
About the Property:
4+star rated property. Booking.com and other popular websites (everything I checked) clearly say their check-in time is 2PM to 12 midnight. While there is no mention of their reception being unattended post 9PM while booking. I was aware once I had the first conversation with them. They do have a Safe Box where they keep the keys for late arrivals (one other family did come after us and picked up the keys from the safe).

About our reservation:
Booked this property for a family vacation (booked months in advance) with seniors and young kids. When booking through booking.com clearly mentioned that I would be arriving late at 10PM which was acknowledged and confirmed by the property through booking.com (confirming my late arrival is accepted). And 20 days prior to the arrival got in touch with them on the phone and I was asked to fill in a late arrival form which I had submitted too.

Below is the sequence:
Early October reserved for the stay for 5 days with special note to accommodate the late arrival (I have it in my booking.com confirmation)

Late arrival was acknowledged by property through booking.com (I received a separate email with confirmation for late arrival)

~20 days prior I call them on a different topic, I was told to fill in a form for late arrival (also the first instance when I got to know the front desk would be unattended post 9PM). I submitted the form with all the details.

A week before the travel the property messages through booking.com (a big message, I have trimmed to the part which we need “Check-ins are available from 2pm 7 days, should you require an earlier check-in please contact us on the morning of your arrival to discuss, Our reception opening hours are 9am-12noon & 2pm – 9pm 7 days, should be plan on arriving after this time a late check-in can be arranged but again please contact us to arrange this, Please ensure your contact number is correct as this is we communicate with our guests in terms of in room information and updates on your reservation” Since I have already done it twice also since my contact is correct and noticed the message had a lot of generic info in it, I felt it’s a automated message and I did not care to respond again.

On the day of travel 3 hours prior to our arrival (also when we were in transit/flight) the property manager has reminded us “Good Evening, Just a friendly reminder that our reception does close at 9pm (NSW Time), if you do need to arrange a late / after hours arrival please contact us on XXXX prior to closing, Please note we do operate on DAYLIGHT SAVINGS TIME, Unfortunately if we fail to hear from you by 9pm this may result in the cancellation of your reservation”

My flight lands in Queensland at 7:55PM since Tweed Heads is in NSW (its already 8:55). So, when I saw the message after I landed, I frantically call them to confirm but no one picks up (it is just few mins past 9PM).

I arrive at the property at 9:20PM and "Tom" (I would refer him as 'discourteousness man' who asked me to be courteous repeatedly as we arrived late and disturbing him at 9:30PM) he added he is a family man with kids, and he has closed his shop at 9 and would like to spend time with family. with multiple requests for him to accommodate us everything in vain!

When I messaged him about if I can check in the next day, he said the whole stay is marked as no-show hence he cannot accommodate us anymore! Upon reaching to Booking.com, the agent said they just try and raise a request to the property to do a free cancellation. Which the property immediately denied and said we are a no-show hence no refund (in thousands)! Booking.com is off no help (just waste of time)!

From one of the residents, we got to know that while I was speaking to Booking.com, the property manager just went past us (which means he is very well in the property, and he decided to ignore us?).

Ended up spending the vacation in in another property (3 times the cost and lots of inconvenience to our itinerary)

Spoke to the property manager, the next day. As soon as I mentioned he hung up, called again to ask if he has hung up on me to which he mentioned phone fault. I tried to understand from him why he we were marked no-show even with so many confirmations we have done in the past (he again hung up). Assuming it was phone fault again, I called him again. he just said I am rude, and he cannot listen to me and again hung up.

So, the ask to fellow OZB members… Am I at fault? If not, what all options do I have? Feel like we were scammed. Is NSW Fair Trading or VIC ACL even worth going to (I have all the conversations recorded) ? Or just a Google Review (I really want to do more than a Google review for them spoiling my vacation and stealing the money).

added poll

——— Update [3rd Dec]:
First of all thanks for all the inputs, helped me a lot!

Spoke to both Booking.com and my credit card, was a long conversation and multiple attempts. But in the end I pointed out all my points and conversations which i had with the manager (evidences!) I feel Booking.com is now convienced and said they would come back to me within a day (the senior person in booking.com assured my case is strong for the first time, felt good to hear that).

I also left a review in both Google and TripAdvisor (but for some reason i can see that in my profile but the review is not showing up from my spouse's google profile) not sure what is happening. I guess there is some delay!

I am yet to research on Fair Trade / Legal route. I wanted to see if i can be compensated for the expensive hotel which i landed in the last minute and all other incovinence which i incurred. Believe me I just want to do this for "Tom", and he doesnt even think of doing this to another family/person.

Overall, feeling postive now!

Poll Options

  • 208
    Creditcard charge back + Name & shame + google reviews
  • 1
    Creditcard charge back
  • 1
    I am at fault
  • 0
    Name & shame
  • 0
    Creditcard charge back + Name & shame
  • 0
    Fair Trade (NSW/VIC)
  • 0
    Name & Shame + google reviews
Travel

Comments

  • cashless on 02/12/2022 - 16:07
    +6

    Needs a TLDR for the TLDR.
    Also OzBargainers are going to love you for the wrong use of advice/advise

    advice if I am at fault

    • sk7 on 02/12/2022 - 16:23

      Thanks mate, I learnt something from you! Gave my best shot, will try for a TLDR later for you :)

    • HeWhoKnows on 03/12/2022 - 14:41
      +1

      I've also had issues with Booking.com

      You must understand that Booking.com is just a place to advertise accomodation.
      They do not represent the accomodation advertisers nor those making the booking.
      Nor do they provide any "protection" for either party.
      And dont forget its the accomodation advertiser from who they get paid. Not you.
      So if anything they will side with thier advertiser.
      Though if they get enough complaints they might bar them from advertising on Booking.com
      Doesn't help you (OP) in the interim unfortunately.

      Hence unlike eBay, Booking.com will take no responsibility for any issues with thier "Advertisers".
      Booking.com will just advise you to sort it out with the accomodation which is what happened here.

      KEY LEARNINGS HERE:

      RULE 1 is to avoid using Booking.com in future as they offer absolutely no protection

      Now its pretty clear that the issue here is with the acccomodation and the arrogant manager.
      All Booking.com would be required to do is supply evidence of the late check-in acceptance confirmation by the accomodation. (if that even occurred).

      RULE 2 is to try and book direct with the accomodation by phone because usually there isnt much to be saved (if anything) by using Booking.com. That way you can be assured you are communicating with the accomodation manager

      RULE 3 is to arrange to pay when you arrive. i.e. Not in advance.

      RULE 4 is to ensure you get free cancellation within a reasonable grace period. It must be fair to both the accomodation and yourself.

      So what does OP do from here?

      Probably take it up with thier credit card company as a "No product/service provided/received" for payment.
      Even though OP had "supposedly" arrived "late" on the first day, they did show up not long after the 9pm office closure and they had paid for 5 days (is that 5 nights - 6 days or 4 nights - 5 days?), but none the less it wasnt just for one night.
      Furthermore OP has it in writing from Booking.com of the accomodation's agreement to late 10pm check-in and OP arrived within that agreed time frame.
      And legally Booking.com has acted on behalf of both OP and the accomodation in communicating the late checkin request and accepotance of the same by the accomodation.
      I should add that "Hotel Policy" is NOT THE LAW!
      It is subject to certain qualifications which appear to have failed in OPs favour.
      The policy must also be fair and reasonable and the manager certainly did not act accordingly.
      This is where Booking.com should have stepped in and supported OP's fully paid for 5 days booking.
      Hence the accomodation manager had no right to offer the booked and fully paid accomodation to anyone else before 10pm (after office closure), lest OP arrived late or even the next day.
      Supply all the evidence you have. Hopefully they will reverse the charge.
      See here:
      https://squareup.com/help/au/en/article/5523-chargeback-of-h…

      OP could also take this up with the Dept of Fair Trading

      And YES put up a bad REVIEW for both the accomodation and Booking.com because even if the accomodation didnt get your late checkin request they should have still accomodated you given you had already paid up front in full for 5 days.

      • sk7 on 03/12/2022 - 17:37

        Thank you mate, was useful.. yes quite a bit i learnt in this vacation. I am due to put a general update, i have now spoken to both Booking.com (further) and also my credit card.. both have taken a dispute request. Hoping for some positive news!

  • capslock on 02/12/2022 - 16:09
    +13

    Name the business and others will submit the Google reviews for you.

    Or do a credit card chargeback.

    • sk7 on 02/12/2022 - 16:38
      +1

      Others submitting a google review, yes a great option! Thanks for the support. Will see what others say to this.

      On credit card chargeback : The Hotel Policy says "Cancellation policy: You may cancel free of charge until 1 day before arrival. You will be charged the total price of the reservation if you cancel within 1 day before arrival" And in Addition No-Show = Cancelled. Hence Booking.com mentioned there is nothing much can be done as its Hotel Policy. And the Property owner on the next day cancelled or marked us no-show the next day hence i got a communication on Zero refund.

      Hence not sure, how strong i would hold by just doing a Credit Card Charge back (will research further on this)? I feel Booking.com needs to hold them accontable, but horrible service from booking.com

    • Jimothy Wongingtons on 02/12/2022 - 16:45
      +3

      Name the business and others will submit the Google reviews for you.

      Historically this is a bad idea…

  • OZcheepsk8 on 02/12/2022 - 16:13
    +26

    You were scammed. You booked a property that was available until 12am but not only did they not honour it. They gaslighted you.

    Name and shame the company and put through a chargeback.

  • 7ekn00 on 02/12/2022 - 16:14
    +11

    Credit Card Charge-back, you have written confirmation of late arrival!

    Name and shame, you have nothing further to lose ;)

  • Jugganautx on 02/12/2022 - 16:15
    +1

    Scumbags are ripe

  • Gunnar on 02/12/2022 - 16:15
    +9

    Sorry to hear all your issues with this.

    I would start collecting evidence of all of the above. Including getting written evidence of your correspondence pre and post the cancelled incident. For example be one of those cases of sending them an email with “following our phone call…… (insert details of call).

    Try to keep as much evidence of everything, essentially what you want is a log of your actions and proof that what you’re saying is true. Including that when you have reached out to the manager to rectify the situation you have not been treated properly

    Once that is all done, take the pile of evidence to Booking.com and to your credit card company (advise both companies that you are doing this because you have trialed the suggested measures to no avail)

    Sadly this is a long and arduous process where you have to keep evidence. Stay to the facts and don’t get too caught up in the emotions (easier said than done).

    It sounds like you have a lot of this but I would try to keep a log of what you have done post holiday to get your money back.

    Really what I’m saying is that you need to send everything to your company that you have tried everything, you have evidence for all your actions, and now you require it’s help because the hotel has failed to deliver on what you paid them for

    • sk7 on 02/12/2022 - 16:59
      +2

      Thanks mate, Booking.com is waste (there is almost nill support).. will try the credit card route with all the evidence.

  • Tomhaigh1 on 02/12/2022 - 16:16
    +2

    scammed

  • bargaino on 02/12/2022 - 16:16
    +5

    As soon as I mentioned he hung up

    It sounds like you have exhausted the polite options. Can you lodge a credit card dispute for services not provided?

    You have all those records written down. Forget about a refund, I'd be getting legal advice and sending a letter of demand for the full cost of your replacement accomodation.
    Breech of contract, no?
    Are you willing to go to small claims court? The other guy may not even show up.

    • sk7 on 02/12/2022 - 16:54

      will work on the Credit Card claim, thanks.

      Frankly yes, I want to seek the legal advice (not sure where to start on it and not sure if it would be worth the time in the end). My first time on this, yes always there is a first!

  • cafeman on 02/12/2022 - 16:19
    +7

    If you have a written record of requesting the late check-in against the original October booking then you're within your rights to reverse the charges for non-delivery of services.

    Before you reverse the charges I'd contact Booking.com and inform them of your intention to reverse the charges, outline your evidence, and request a refund with a hard deadline. If they don't refund you in that timeframe, contact your bank and request a reversal for non-delivery of services.

    I would also either file a claim for travel insurance on the additional costs if you were covered and if not, would lodge a small claims action for the additional costs you incurred.

    • sk7 on 02/12/2022 - 17:03

      You said a good point, made me think! need to have another conversation with Booking.com ( i want to reinsist on the checkin times).

      small claims action.. will google that further. Thanks mate!

  • Muzeeb on 02/12/2022 - 16:27
    +14

    Note to self : always stay in 5 star hotels with 24h reception. Book directly via the hotel. Thank me later after your wonderful, stress free holiday.

    • sk7 on 02/12/2022 - 16:44

      yes mate, a hard learnt lesson!

  • Seraphin7 on 02/12/2022 - 16:43
    +1

    Yep, that's a rip.

  • ThithLord on 02/12/2022 - 16:46
    +1

    That is really rough, OP. I wish you luck in at least obtaining a refund, though you deserve compensation for the complete eff around. That is absolutely horrendous customer service, I would be absolutely fuming if it were me. You definitely went above and beyond to confirm they could receive you before 10PM.

  • [Deactivated] on 02/12/2022 - 16:57

    The problem is your calling late. Was there any indication before the message that you needed to do this? Is it reasonable to only advise you of this a few hours before the deadline?

    • sk7 on 02/12/2022 - 17:16
      +1

      not sure if i follow.. But yes, there was indication about a form to be filled and I did that apart from mentioning on booking.com on my late arrival. And also I rang them up mentioning my reservation# (thats when i was given with the form to fill)

      • [Deactivated] on 02/12/2022 - 17:20
        +2

        What I am saying is, did they give any indication that you would need to call before 9PM on the day, or was the form sufficient? Also, just as a rhetorical, is it reasonable to only inform you of the call requirement shortly before the deadline?

        That will determine whether or not you will win a chargeback.

      • boomramada on 03/12/2022 - 09:19
        +3

        I do late arrivals all the time;
        Steps I take;

        • Check if reception has 24hr or what time they close.
        • Contact the hotel directly tell them approximate arrival time.

        But most of the time hotel/motel contact befoe their closing time for suitable arrangement to gain access. In your case, hotel you booked were dodgy, they could have contacted you.

  • Payne on 02/12/2022 - 16:57
    +2

    Wow, that's crazy. Did they even call you while you were travelling to ask where you were? Or were you on a plane?

    Did you manage to find accommodation somewhere else at least?

    I'd go for chargeback and short but factual Google review. I wouldn't name and shame. I've seen that end badly here and elsewhere. You don't want more stress.

    • sk7 on 02/12/2022 - 17:14
      +2

      I was on plane when the message came, They have made no attempts to call me ( i am saying since i did not get any voice mail)

      Yes, an expensive stay elsewhere but was much comfortable!

      Agree on the last point! But looking for ways to get a refund/compensation.

    • Peanut money on 02/12/2022 - 20:29
      +1

      What ever happened to that legal firm and the bad review?

      • jackary on 03/12/2022 - 14:43
        +1

        RHC solicitors are great. I recommend RHC solicitors. That’s RHC solicitors.

  • suchcha on 02/12/2022 - 17:23
    +1

    Post on booking.com socials and reviews sites. Also as posted above, small claims or travel insurance to recover your costs.

  • lovesabargain77 on 02/12/2022 - 17:29
    +7

    Absolute scam.

    At worst they could have said that you would lose the first night of accomodation but could check in the next day (and IMO even this would have been unfair as you did the right thing from the moment you booked)

  • Hellfire on 02/12/2022 - 17:41

    I don't think it was a scam, just poor business practices. And you aren't at fault so should chase for a full refund.

  • archieduh on 02/12/2022 - 18:09
    +3

    WOW! I feel for you… WOW…
    This is horrible…
    Did you have the late check-in approved in booking.com chat history? or was it offline

    Late arrival was acknowledged by property through booking.com (I received a separate email with confirmation for late arrival)

    Wish you could sue them. I too have felt booking.com appears to be a top tier site but is very shady. The refunds and "credits" take ages and the exchange rates suck, all via some Amsterdam office that doesn't exist.

    • jjjaar on 02/12/2022 - 22:24
      +3

      Booking.com generally has the option to select an hour window of your likely check in time (and sometimes it actually forces you to include this).

      If you do select it, the property themselves will acknowledge receipt and acceptance of this via a somewhat generic booking.com email (as OP has described) or contact you directly if there’s a problem.

      I say “somewhat generic” because it’s seems like an automated email, but it’s only sent when the property has actually gone in, reviewed and accepted. I’ve had this email come through 5 minutes after booking, 2 hours after booking and in one case 3 days after booking.

  • brendanm on 02/12/2022 - 18:33
    +4

    Just do a chargeback and leave a bad review.

  • MtGeobugi on 02/12/2022 - 19:31
    +3

    I am so sorry you and your family went through such horrible experience and treatments on what’s supposedly a holiday for you guys. It must have felt like you were in hell/war dealing with booking.com, property manager and owner. I have never leased private property/Airbnb as I always wonder how trustworthy these owner and their services/legal responsibilities can be.

    Thank you for sharing the story and I wish you all the best of luck on recovering your loss. I really hope there is a solution through some remediation for you. Really sorry if what happened to you. It’s a pain.

    If you have time to spare, i am interested to know the property name and address for my personal avoidance.

  • redfox1200 on 02/12/2022 - 20:14
    +10

    stuff the charge back, take them to small claims court to cover the cost of your other accomodation too

    • sk7 on 03/12/2022 - 17:53

      Thanks mate! Small claims court, you mean Fair Trade? Yet to research on this

  • Slinky0111 on 02/12/2022 - 23:23
    +1

    Feel for you OP. Please let us know the outcome

    • sk7 on 03/12/2022 - 17:53

      will do, thanks!

  • jrvb42 on 03/12/2022 - 08:48
    +3

    Not sure why all the debate about cancellation. You say you requested and were approved a late check-in, which the business did not comply with. It's not a no-show, it's not a cancellation. It's failure by the business to provide the service agreed. Plain and simple refund. Naturally, the business should be lambasted as well for being, well, scummy.

  • TilacVIP on 03/12/2022 - 09:01
    +5

    Don't understand this no-show BS anyway, if its already been paid for.

    I have paid for 5 nights, I should be able to checkin whenever I want, during the time I have paid for the stay, should I not?

    What a bunch of grubs to do this.

    Feel for you & your family OP.

    • sk7 on 03/12/2022 - 17:54

      Yep, something which i was unable to digest when i was told 5 nights is lost (Booking.com also very helpful on that day). Thanks!

  • kiitos on 03/12/2022 - 09:16
    +2

    What an awful experience. I know that if I was in that situation my wife and I we would be unable to start calm.

    What would he have been referring to when he called you rude?

  • fredblogs on 03/12/2022 - 14:41
    +2

    Booking.com are terrible. Ordered flights to Bali through them, received no confirmation email, status of the booking remained "Pending", flights were running out fast, no way to contact anyone. After a couple of days of anxiety we cancelled the credit card and bought the flights elsewhere. Never heard a thing from booking.com (or gotogate which they went through). The flights are still listed as pending.

  • trapper on 14/12/2022 - 12:30
    +1

    Also sue them for the extra that this cost you to book a last minute alternative. What a joke.

  • HomeAlone on 10/02/2023 - 02:13
    +2

    So how did this story end?

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