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How not to pay a penalty for canceling a booking on Booking?
There is a hotel reservation on booking.com, for which the cancellation penalty is 100%, although there is still a week before check-in at the hotel.
For personal reasons, I need to cancel this booking. They will not withdraw money because the card has been cancelled. Can the booking or the hotel punish me somehow?
Translated automatically from Russian. View original
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56 subscribers  • asked 2017-01-058 years ago
Answers  •  213
аватар larisabasova73
Andrey, if, according to your words, there is still a week before check-in at the hotel, no one will fine you, you just need to cancel the reservation. The penalty is only if on the day of check-in, you did not arrive and did not cancel the day before check-in to the hotel, the reservation ...I use Booking all the time, info 100%.
аватар xeops
The cancellation policy clearly states that there will be a 100% penalty if I don't cancel by December 28th. Different hotels have different rules. I forgot to cancel the reservation, and booked another hotel and made an advance payment there. I am now studying foreign forums on this subject, many have such problems.
аватар larisabasova73
If I need to cancel my booking, will I have to pay a cancellation fee?
You can cancel and change your booking before check-in. Please note that when canceling or modifying a booking, the "Cancellation and Modification Terms" apply, and in case of violation of these terms, the hotel may charge a penalty amount to your credit card. The hotel's cancellation and modification policy and terms and conditions can be found on your Booking Confirmation. Please note that the cancellation/modification deadline refers to the hotel's local time. For example: 1 day prior to arrival cancellation means you must cancel your booking at least 24 hours prior to your arrival date to avoid a penalty. Booking.com never charges cancellation/change fees.
аватар larisabasova73
Where can I find the hotel's cancellation policy?
At the bottom of the hotel page are the "Hotel Policies", including cancellation information. However, please note that these are general policies and may vary depending on the room type or special offer you select. Therefore, be sure to click on the "Details" link located next to the room type. In this section, you will learn about the special cancellation or deposit policies.
аватар xeops
The situation develops like this:
- I already canceled the reservation and wrote a long tearful letter to the hotel.
- The hotel quickly replied that they could not help and immediately tried to charge the card. The card was cancelled, so they failed.
- I once again tearfully asked to recover €100 per night, or at worst €100 (which is a little more).
- The hotel replied that they agreed to a 50% fine.
- I wrote that 50% is a lot and I will try to come up with something until tomorrow.
аватар prosto2000
I'm not a booking specialist, but I can't imagine how the fine can be more than the amount already paid. Neither formally nor in fact. If the amount was paid, then the payer agreed to the terms of the offer. Everything works here, both formally and in fact. The money will not be returned. If there was no payment, then there was no formal consent of the buyer with the terms of the offer. The fact that it is written somewhere down on some page there does not mean anything. Neither formally nor in fact. The hotel burst - he had the right and was obliged to withdraw payment on December 28th. Didn't - his problem.
The question is how booking will participate in this process if a new booking is made or will be made through it by the same buyer. I don't think I will participate. Firstly, previous relations were not established with him. Those. he has no formal rights to fine. Secondly, he is actually not interested in this. He won't make money off the fine. Having taken the position of the first hotel, he will punish the second hotel and his client, 2:1 not in favor of the 1st hotel.
аватар prosto2000
I'd:
1. Do not forget to cancel the reservation on time.
2. Did not offer the hotel money in excess of the amount already withdrawn by him.
аватар ollennka
It all depends on the hotel. I somehow canceled a booking after the free cancellation date, I didn’t write any letters to the hotel, but the money (the fine was 30 euros) was not withdrawn.
And once I had the experience of no-show. Then I talked with the hotel on the phone, the booking was not canceled, but soooo I didn’t want to lose three hundred bucks (((stupidly blocked the card for a couple of weeks. Not good, of course))). Booking then only sent a questionnaire for statistics on the reasons and circumstances of no-shows. After unlocking the card, they did not try to fine.
I think if this is an isolated case, the hotel or Bugingu will be lazy to sue, and if abused, Booking can excommunicate.
аватар ollennka
In general, the question "how not to pay?" I answer "silently, blocking the card."
аватар prosto2000
Suing the hotel and booking is pointless: no payment - no agreement to the terms of the offer. It is impossible to prove in court the grounds for the fine.

Booking can be excommunicated, but for malicious ones.
Look at the situation from the other side. The buyer on some conditions booked a hotel. At the time of payment, the hotel could not withdraw money for some reason (something happened to the bank, region, person, card, hotel). Does the hotel have formal grounds for fines? Of course, there are none.
Once again - cancel on time, and if the money is not withdrawn on time and the buyer has changed plans, then do not even correspond with the hotel. Something could happen to the hotel too. They did not withdraw money on time - they formally refused to provide the service. According to the same rules that somewhere on some page at the bottom under some button, let's say 12/21/16. And from 01/01/17, other rules have already been written there - the high season has ended. And now what?
Let them work with the staff.
аватар agent_borabora
The penalty cannot be avoided. The money is non-refundable.
аватар ollennka
So they have not withdrawn the money yet, there is nothing to return.
аватар prosto2000
To get something back, you first have to give it back.
аватар xeops
Do we know what a contract is? The contract may be concluded in written, oral or electronic form. And from the fact that the contract is not paid, it is not broken :-)
The question for me was rather, will the hotel go to court? Will the court recognize my card details and a letter from Booking.com as evidence? If he admits, and most likely makes a decision not in my favor, will this decision reach the passport control at airports or the police database?
A lot of people write about the problem, but almost no one writes about how it all ended. I promise to write, no matter how this cancellation ends.
аватар xeops
Because this is Europe, laws and treaties have a much higher degree of enforcement. Therefore, for me the most important question is whether the hotel will go to court? Most likely, the hassle and the cost of preparing documents are worth much more than 540 euros lost on the cancellation of the reservation.
аватар xeops
- Yesterday I wrote to the hotel that I couldn’t think of anything, I didn’t find other guests, and I’m ready to honestly suffer a penalty of €100.
- The hotel immediately tried to withdraw €540 again (failed) and then tried to withdraw €100 (also unsuccessfully).
- They sent a letter agreeing to €100 and asking for the details of another card. Literally: I will charge 100 euro...just for this time, but you need to put money on your card or unblock it...if not, I will charge and take the full amount!
- I am writing that I am ready to give a new card, but the button for canceling the reservation in the Booking account says "Cancel for €540" (the reservation is still valid all this time), and that this worries me.
- A Booking specialist in dark blue appears on the stage, with a phone in his hand. Received a call yesterday in the middle of holly evening to confirm that I really want to cancel my booking and am ready to renew the card subject to a correction of the amount. Of course I confirmed.
аватар xeops
- Booking canceled by Booking.com. I received a letter from them with a cancellation (letter attached). But now all links to enter a new credit card are gone. I don't know how to pay the fine. Wrote.
аватар ollennka
"if not, I will charge and take the full amount!"
How many emotions))) You brought him to the auction.
аватар alexorel
A real court thriller!
Of course, I'm not being ironic! It's sad that you got into this situation.
But for many, it's an experience ... and it's good that it's not personal.
аватар prosto2000
"The contract may be concluded in written, oral or electronic form"
In European practice, a contract is an exclusive form of agreement.
But this term can also be used.
No need to think that any button click in the browser is the conclusion of a contract. The conclusion of the contract is a process. A simple example - the button is pressed, but the card data was entered with an error. Contracts in this case, or not?
Or, as in this case, the hotel did not take the payment on time. Is there a contract or not?
After all, if you rented, you would not have booked a new hotel. If one party has not fulfilled the terms of the contract, then the other is released from its obligations.
"but almost no one writes about how it all ended." This is easily explained. They have nothing to write about.
Those who paid the fine have nothing to write about.
And those who have not paid the fine also have nothing to write about.
Nothing happens.
аватар VeraTur
A very relevant topic for me. Similar situation. Planned to fly to Dubai for the holidays. Booked through Booking. But before the New Year, my daughter became very ill. They called an ambulance. Until recently, we thought we were going. But two days before departure, the doctor did not advise and decided to cancel the trip. But Booking did not allow this to be done for free. Already for 100% penalty. And this is not € 100 at all ((( I frantically pressed the "cancel for ..." button. I received confirmation from Booking about the cancellation. And today they have already sent an invoice for the entire amount.
аватар ollennka
By the way, the hotel in the UAE was the only one for the entire period of my cooperation with Booking who removed the prepayment. Almost two weeks before arrival. In other countries, money was already taken at the hotel.
аватар kolyan_cat
The contract takes effect from the second when the tourist has confirmed his agreement with the conditions of the seller by clicking.
Therefore, the question here is only technical - neither Booking nor the hotel will be able to withdraw anything if the tourist has blocked the card. Honestly, I would not give 100 Euros either. In court, too, nothing shines for them, because. a bailiff in Ukraine will not run to arrest the accounts of a tourist by decision of some Amsterdam court))) They first need to legalize this decision in the Ukrainian Ministry of Justice, in general, for them it will all be more expensive than the fine itself.
The maximum that threatens a tourist is blacklisting on Booking and the inability to use their service in the future.
I would advise you to give a damn about everything and create a new account with new data (full name, phone number, e-mail).
аватар VeraTur
Here is my question in relation to this. What can I expect and how to act in this situation? I don't want to pay anything
аватар ollennka
Well, let's try the "pay nothing" scheme on you. Ignore the score, let's see how events develop further.
аватар prosto2000
"The contract takes effect from the second when the tourist has confirmed his agreement with the conditions of the seller by clicking."
I already wrote - this is not so. The conclusion of the contract is a process.
Here is what booking writes in its rules -
"When you make a booking through Booking.com, you enter into a direct (legally binding) contractual relationship with the Supplier with whom you make the booking."
I repeat - "contractual relations". I will repeat once again - "relationships". This is a process. They did not withdraw money on time - they broke off the relationship.
Another paragraph from the booking rules:
"Please be aware that you may be charged a cancellation fee in accordance with the hotel's cancellation, (pre-)payment and no-show policies and may not be entitled to a refund of any (pre-)paid amount ."
I repeat - "apply for a refund."
аватар VeraTur
To be honest, I don’t want to experiment)) the amount of the fine is serious. Two rooms per week in Jumeirah hotels (((
аватар ollennka
What are you risking, exactly?
аватар VeraTur
An increase in the fine, a "freeze" of the amount on the card / HP, then will the bank demand this amount from me, I roughly understood about the court ... in general, I want to understand what threatens me?
аватар ollennka
What an incoherent collection of words. Have you blocked your card? And what about the bank?
You additionally risk only legal costs (if it still comes to court).
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