Full charge cancellation with debit card

Upvote:1

Firstly, please tell your father not to worry and put a strain on his health. Since you've mentioned that he used a debit card without much balance and also that this transaction hasn't posted to the account, they're in a strong bargaining position.

There are various things you can do at this point, the easiest being cancelling this card and getting a replacement issued. You can report to your bank that the card may have been compromised or lost.

If you didn't want to do that or couldn't do that and for some reason the merchant decided to pursue the matter, they would need to do so in a Small Claims Court in a jurisdiction which should be specified in your booking and cancellation document. This is not a criminal matter and no penalties can be imposed on your father, except for the amount the court decides. It is extremely unlikely that any reasonable court will find your father in the wrong given these circumstances. It is also highly likely that the merchant in this question can't pursue a case against your father but needs to go through the arbitration process that they agreed to on that site. See Section 13 here, this may not exactly be the same but it will be on those lines. So in all practical terms any formal legal proceedings are out of the question.

Please note this is not legal advice and shouldn't be treated as such. Please do share your experience with us of the outcome, so that it helps others in a similar situation.

Upvote:2

No, there is no any alternative for this..You should be careful before doing the reservations..because there is clearly written about the terms and conditions..so if you complain against the site also then still I do not think that they will refund your money..

Upvote:5

Unfortunately he has no options, the cancellation terms are quite plain and straightforward, regardless of the period of notice given. If you aren't willing to abide by the conditions, then you shouldn't book under them.

If you attempt to report this as fraud, the website and hotel can show that you agreed to the terms and the card issuer won't refund your money.

A court is extremely unlikely to do anything in this situation - you would spend more money on lawyers than a positive outcome.

If the card fails, then the charge can be sent to debt collection, as its a valid debt.

I'm sorry, but thats the way it is.

Edit: MadHatter added in the comments that the EUs Distance Contracts Directive may help here as it has an inbuilt cooling off period during which the consumer can withdraw from the contract without penalty.

But unfortunately, as he also noted, accommodation is actually exempted from that cooling off period:

  1. Articles 4, 5, 6 and 7 (1) shall not apply:

...

  • to contracts for the provision of accommodation, transport, catering or leisure services, where the supplier undertakes, when the contract is concluded, to provide these services on a specific date or within a specific period;

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