Curve & Corona: Not doing chargebacks/refunds on your behalf

Hi,

Due to the government shutdown I had hotel bookings, which the hotel did not cancel. So taking initiative I asked whether they will cancel the reservation, which they agreed to and provided emails confirming that. However they would only offer me different dates and not refunds, since I wouldn’t be traveling to that area, I declined. Raising it with Curve, they claimed they cannot act on my behalf because the merchant didn’t cancel but I requested it. So in essence, if you request it they won’t pay out, but that is only because the merchant didn’t initiate it. So if the merchant just never cancels you reservation, you cannot claim because if you initiate it Curve will claim that you are not protected.

Be aware and shame on you Curve.

If the hotel isn’t shut and the issues is that you can’t travel to that country then it would be one for a travel insurance claim not a chargeback. Certainly worth asking the hotel (and some big chains have clear waiver policies in place), but they’re no obligated. If the hotel is shut then I agree a chargeback would be appropriate if they won’t refund.

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The B&B is in the UK. So not a question of jurisdiction. Given that the UK government put the restriction in place all hotels/businesses should refund the booking rather than putting the onus on the consumer to chase.

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What breach of contract by the merchant were you asking Curve to compensate you for? I don’t understand.

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The merchant cannot deliver the goods (Accommodation) as per original contract, granted through no choice of their own. The conditions agreed to is a date for accommodation. Those conditions cannot be met by suggesting other dates, therefor the transaction is no longer valid. Therefor the it should be cancelled in its totality.

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OK that’s different then (it wasn’t clear from the OP) - given it’s the UK and the Gov’t has mandated they close I agree they now are not providing the service you paid for. If the hotel won’t refund and Curve won’t initiate a chargeback then formal complaint looks like probable next step.

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As has been the case with airlines, Eurostar and package holidays, if the customer gives an instruction to cancel, then the customer has fewer rights. It’s always best to wait for events to take their course and for the travel provider to cancel. It’s not clear from your original words whether you instructed the hotel to cancel the booking, or asked them whether they would cancel. Your precise words might become relevant.

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In this circumstance i think as you asked to cancel, that then triggers whatever cancellation policy the accommodation has, and if it is no refund then its no refund, or if it’s alternative dates/credit for future use thats it. Whether they could have provided the service on the date you wanted is moot, as you requested they cancel your reservation not the other way round. I’m not sure this has anything to do with curve i’m afraid.

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Some good points made re timing and if the booking is far enough in advance that they could have reopened and thus normal cancellation terms would apply vs if they were already closed and refusing refund.

In effect it was the UK government that forced the cancellation, not the costumer who just wants to know about reimbursement.

Having said that, personally, I would never have opened the door for anyone to be able to point to me as being the one asking for cancellation. I would have stated the cancellation as a matter of fact, given the government order, and in case I faced any pushback I would then have asked to confirm the accomodation for the originally booked date, which they obviously wouldn’t be able to guarantee and would always insist that I’m not willing to change the originally agreed terms

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I guess you’ve got plenty of time on you hands at the moment. I’d visit the small claims website and send 15 minutes to issue a county court summons to the hotel.

It normally gets the desired results.

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I’m in the same situation. Mastercard actually clarified their guidelines, permitting chargeback:

Question: The cardholder purchased goods/services and the cardholder was notified that the merchant will not be able to provide the goods/services. Does an issuer have chargeback rights?
Answer: Yes. There is a chargeback right when goods/services are not provided, including when they are cancelled by a merchant due to government restrictions, insolvency or other exceptional circumstances. We strongly encourage issuers to have cardholders first attempt to resolve disputes with merchants before processing a chargeback, even when not required by the Mastercard standards.

The way Curve dealt with this situation seems to be getting rid of users asap rather than actually trying to help them.
Can someone from Curve comment?

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