last year (July 2019) we booked 2-night stay in an Erlangen hotel (Bavaria) for beginning of Jun2020 via booking.com. Due to current situation there are two options to get a refund:
Contact the hotel, which we did and they refused cancellation (payment due is due on arrival);
Contacted booking.com whose Force Majeure policy currently only extends till end of April.
Neither are helpful, and my question is in regard to only situation which covers current pandemic. Under the German law and current government and Federal Ministry of Health, German hotels are not allowed to accommodate any tourists (“only for necessary, but not for tourist purposes”), thus hotels are closed for business where tourists are concerned. Booking.com ignored this fact, whilst hotel is ignoring it accepting reservation from tourists even so they can't deliver services (without breaking German law). There is plenty of evidence on internet I can provide to support the above (including official German government websites), so if current law for hotels extends beyond our arrival times (which by default it now is already and the German government advises tourists to contact hotels), but the hotel remains closed but decides to charge for services they can't deliver, will one be able to action chargeback (under Section 75) for such a situation? Is it even legal for them to do so? I believe doing so would be fraud/scam on their part.
Once you follow the link you'll be able to submit an online form and one of my colleagues in the Disputes team will review your claim. Please be aware that the team are very busy at the moment so it may take longer than usual for them to get back in touch. We appreciate your patience at this busy time. Hope this helps – Caroline
can I ask, as we are not in June yet,1-was the booking non refundable? ie-there is no free cancellation option. This would usually require payment upfront.2-on what basis are you cancelling? who says the hotel wont be open in June3-do you have travel insurance-purchased before the coronavirus was declared a pandemic4-if no money has been paid yet or taken from your credit card, then there is no claim-yet.5-I have on occasion, not attended/got to a hotel where payment was due at the hotel. Booking.com did not take any payment from my credit card, nor did the hotel-whilst this is no guarantee, it may happen that no money will be taken.
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How we collect and use your personal data
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Tesco Bank Community Terms of Service v 1.0
The Tesco Bank online community ('Your Community') is for Tesco Bank customers, staff, contributors and supporters to discuss products, services, issues and matters of general interest. Your Community content may be viewed by both members and non-members.
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Privacy
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Access and correction
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You agree to indemnify, defend, and hold harmless from and against any and all losses, damages, liabilities and costs (including, without limitation, settlement costs and any legal or other fees and expenses for investigating or defending any actions or threatened actions) incurred by the Indemnified Parties in connection with any claim arising out of any breach by you of these Terms of Service or the House Rules or claims arising from your content or conduct. 'Indemnified Parties' includes us, the moderators, and all respective officers, directors, owners, employees, agents, representatives, and assigns.
You agree to cooperate with us in the defence of any claim. We reserve the right, at our own expense, to employ separate legal representation and assume the exclusive defence and control of any matter subject to indemnification by you.
All third party content (content posted or communicated by registered users including any content) is the sole responsibility of the registered user posting or communicating the content. You acknowledge and agree that we don't control and are not responsible for the third party content. As such, you shall fully indemnify us against any claim (including solicitor fees) arising out of content you post or otherwise make available on Your Community or your use of Your Community.
Limitation of liability
You agree that, to the maximum extent permitted by law, at no time will we (including our officers, directors, owners, employees, agents, representatives and assigns and the moderators) be liable for any costs, direct or indirect loss or damages, consequential loss, howsoever arising out of your use of Your Community, the content you or other users post or otherwise make available on Your Community (including, but not limited to, damages relating to loss of business, loss of money, telecommunications matters, exposure to any form of virus, bugs or such other malicious code, theft, damages or other losses you or any third party may suffer) regardless of whether the claim is based on breach of contract, breach of warranty, tort (including negligence), product liability or otherwise.
Choice of law and location for resolving disputes
You agree that the laws of Scotland govern these Terms of Service and any claim or dispute that you may have against us will be resolved in Scottish courts only.
Modifying these Terms of Service
We reserve the right, in our sole discretion, to modify these Terms of Service at any time without notice. Modified Terms of Service are effective as soon as they are posted. We also reserve the right to waive or modify any of these Terms of Service as they apply to a specific posting, communication or user without affecting the application of these Terms of Service to all other postings, communications and users. Your continued use of Your Community, or any content or services accessible through it, after modified Terms of Service are posted means you accept the modifications. We may also make any changes to the look and feel of Your Community at any time without notice.
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