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The GTD regarding the Forced Circumstances

I am having countless bookings cancelled due to this horrible situation with regard to the COVID19 Pandemic.

I have no problem with this however I am very disturbed by the way the platform has implemented a process for a guest to cancel and process a refund without any input from the property.

I am being denied the right to offer an alternative solution.and have absolutely no control of my own policies and processes. I am sure we all have our own policies in place that protect our business, employees and also maintain excellent guest service.

In a recent discussion with the help desk this is my letter to them.

 

Notification of breach of GTD of the agreement between myself and Booking.com.

 

The GTD with regard to Force majeure states the following.

 

Section 2, point 2.9 of the contract cover all that we describe as "force majeure" events. COVID cases fall under that category. Your obligations in such cases, as per contract, are as follows:

"In the event of a Force Majeure Event, the Accommodation shall not charge (and shall repay (if applicable)) the Guests affected by the Force Majeure
Event any fee, costs, expenses or other amount (including the (non-refundable) rate or the no-show, (change of) reservation or cancellation fee) for (i)
any cancellation or change of the reservation made by the Guests, or (ii) that part of the reservation that was not consumed, due to the Force Majeure
Event. In the event of reasonable and justified doubt, the Accommodation may ask a Guest to provide reasonable evidence of the causality between
the Force Majeure Event and cancellation, no-show or change of reservation (and provide Booking.com upon request with a copy of such evidence). In
order for Booking.com to register any cancellation, no-show or amendment of the reservation due to a Force Majeure Event, the Accommodation shall
inform Booking.com within 2 business days after (a) the scheduled check out date of the no-show or cancellation, or (b) check out, the number of days
actually stayed
. Booking.com will not charge any commission in the event of a registered no-show or cancellation or over that part of the booking which
is not consumed due to the Force Majeure Event."

 

While I have no problem with this, and the intention is certainly wise. The application of this process is in direct breach of this agreement and has resulted in sever financial loses to myself and severe job loses to the employees that work for my business.

 

According the agreement I have the right to request proof. I also then need to notify booking.com of these situations with the specified time frame and the payment will be processed accordingly.

However, BOOKING.COM has initiated a process whereby the guest can request and process a refund without any input from the property or booking.com.

This denies me the right to ask for proof. This is in direct conflict and breach of your own GTD.

It also denies me the right to offer my guests an alternative solution such as date changes etc. There are always many alternative solutions other than simply returning the money.

And most importantly it denies me the right to an interaction with MY guest to try and mitigate damages and try to build a relationship with MY guest.

This is also very open to abuse and fraud.

In Spain as in other countries. Some citizens of other countries require a booking or invitation to acquire a travel visa. Your system now allows someone to make a booking then cancel it without payment and then apply for a visa. This is a very serious situation that could allow terrorists to enter a country unchecked.

 

 

I have been in the tourist industry for over 35 year and I very aware of how to handle these situations myself. While I appreciate your attempt to make my life easier, I utterly object to you excluding me in the decision-making process of my business.

This entire situation is terrible and certainly unprecedented. However, BOOKING.COM is still required to honour the GTD. And the application of processes needs to protect ALL parties.

This situation is affecting all aspects of the tourism industry. Even airlines, cruise lines and major hotel chains are refusing refunds but are offering date changes or other compensations, as deemed appropriate at the time. It remains the right of the individual business to determine what is appropriate at the time.

When I guest makes a booking, they have a choice to book either refundable or non-refundable rate. They are fully aware what this means, and the conditions are very clear before booking as well as in the booking confirmation they receive. The guest also has the additional option to take travel insurance to protect themselves in difficult situations.

As a business, mine and countless thousands of businesses around the world have policies and process in place to protect themselves in difficult situations. You have denied my the right to protect my business.

I have very clear policies in place to protect myself. However, your incorrect application of the GDT has put my business at serious risk. This is unacceptable and neither in the spirit of partnership nor in alignment with your own policies. You are in breach of your own terms and as I result you have caused my business financial damage.

As a result of this breach, please be advised that I will hold you completely responsible for any damages sustained due to you not following your own GTD and I reserve all my legal rights to protect my business, employees and guests.

I would strongly suggest that you change the way in which you implement the process of handling these affected bookings and include a step which allows the property to handle the situation themselves if required.

I advise you that if any other booking is automatically cancelled without my permission or without me having the opportunity to offer MY guests an alternative, I will expect you to refund me the money.

 

Booking.com needs to understand that these guests are NOT your guests. They are guests of MINE. I am your partner. I would think it is both morally and economically sound to remember this.

You have no right to remove me from the decision-making process that enables me to manage my business.

 

 

 

 


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Paula James 3 years ago

I totally agree with the comments made here, I was so angry this morning when I received such emails from Book.com. 

I bought this business less than 2 weeks ago and all my time since has concentrated on cancellation requests.  By engaging with future guests I have been able to mitigate losses by persuading change of arrival dates rather than a refund.  The potential of such mitigation has been taken out of my hands by Booking.com's unilateral decision.  I do not agree to it and I've responded as such this morning. 

Please include me on any future actions or petitions.

Paula at Falstone Barns and PoshHuts in Falstone, Northumberland

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Jcwren1966 3 years ago

i sent you a mail from your website

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Mica Mountain … 3 years ago

You need to read this BEFORE you start refunding! Here the bookingcom  policy,:

Please not that the FM policies only apply only to cancellations made AFTER the introduction of the relevant travel restrictions! The refunds are ONLY for reservations made recently for a certain time period for example the policy for the UK: Applies only to reservations made at the property between March 23rd and 13th of April...I hope the link does not get deleted, here the restrictions:

partnerbooking.com/en-gb/help/legal-security/important-information-regarding-corona-virus

Still it is NOT acceptable that properties are told how to run their business by a large company. That is a breach of the contract originally signed and I do not think that this is enforcable or would stand up in court. They have no legal right to push us into bankrupcy.

 

 

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Jcwren1966 3 years ago

Hi. This is very interesting information. Thank you 

The link you sent does not seem to work 

You can find my via Namaste Apartment Torrremolinos

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Mica Mountain … 3 years ago

Sorry folks the link is correct but cornavirus is one word...

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Apple Property Group 3 years ago

Well, we just had a second round of cancellations in Spain until 14th April! another 5000 euros on top of the 15,000 from your previous round of cancellations. It beggars belief that you are actually putting 120,000 worth of bookings from July in jeopardy as at this rate we will cease to trade and there will be no refunds and a lot of angry customers. All because of your greed. We are not back up for people who don't have insurance. 

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Jcwren1966 3 years ago

We have to do something. 

This is rediculous. 

Completely unacceptable

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The Bridge Cas… 3 years ago

Hi there

I am an ex employee of Booking.com and worked for the company for more than 6 years as an account manager.

I’m also affected by this situation since I’m also running 3 private properties and we are facing cancellations even for the reservations where we agreed with the guests for a date change or issued vouchers for the full amount of their booking. 

I completely agree on your point but I would also like to ad that Booking.com is not a travel agency nor a merchant. They are not buying nor they are selling and have actually no right to refund the money to the guest.

Booking’s business model is a well figured out one since in this way they are avoiding tax payments in countries they are operating in (as example. VAT on the commission invoices).

Maybe you didn’t notice this but Booking.com did not only change how they handle the FM cancelations but they also removed the dispute letter from the reservation list.

In this letter you would usualy find all the relevant information that you needed in order to dispute a credit card charge withdrawal attempt for non refundable or late cancelation charges.

There is a statement that says “By making a reservation through Booking.com, you enter into a direct (legally binding) contractual relationship with the accommodation provider at which you book. From the point at which you make your reservation we act solely as an intermediary between you and the accommodation provider and sending you a confirmation email for and on behalf of the accommodation provider.” Along with other useful information that the guests agrees upon when booking like: “By making a reservation with the accommodation provider, you accept to the relevant cancelation and no show policy of that accommodation provider, and to any additional delivery terms and conditions of the accommodation provider that may apply to your reservation or during your stay.”

If you want I can provide you with the full letter since I have it archived.

You can find my contact details by searching for The Bridge Luxury Apartment Zadar.

Wish you all best of luck. It is truly a time that everyone makes a contribution in this hard times including Booking.com.

 

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Jcwren1966 3 years ago

Hello

 

This is very helpful. I have contacted you via email.  I would love to talk to you more

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Craigmoniecottage 3 years ago

Hi again Jcwren 1966 - have you by any chance had a respons yet from The bridge luxury Aprartment Zadar.  I am also interested to getting a copy of the letter she is referring to (I do think I will have a copy somewhere on file as I have kept all of that kind of information for the last 12 years but it is archived and not easily accessible just now). Hope to hear from you

Charlotte Kilmichael House Loch Ness

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Jcwren1966 3 years ago

I would love to see the full document, if you would be so kind.

I did try contact you via your site but not yet heard from you

 

jcwren1966 at gee mail dot com   

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Craigmoniecottage 3 years ago

Hi The Bridge Cas have not been on this platform for a while (there are quite a few running on this topic) so I have just come across your comments and would be very interested to get a copy of this (I am sure I will have it archived myself somewhere but having been with B.Com for 12 years I tend to archive all communications and they are not readily to hand at the moment so I will contact you by email.

Regards

Charlotte - Kilmichael House Loch Ness Scotland

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ANALIZIA B. GO… 3 years ago

We're in the same situation. Booking.com refunding guests and demanding we pay the invoices they send us. For one reservation, the amount was R$4000 and booking.com have said they are sending us an invoice for R$4600! They won't call or respond to any of our questions so we're really not sure what is going on or if they are legally entitled to request this money from us for non-refundable bookings. The way I see it, this is a matter for the guests and their travel insurance providers. Why should loyal partners be footing the bill for customers who have agreed to non-refundable bookings. 

Is anyone paying these invoices?

We're seriously worried about our future already without these unfair demands.

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The Bridge Cas… 3 years ago

Fully agree with you.

The funny thing is that all the travel insurance companies say “you are covered except in case of forced circumstances because if we would cover also these we would go bankrupt” :D Hilarious isn't it?

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ANALIZIA B. GO… 3 years ago

Yes, exactly. I expect in my example above, the customer didn't have travel insurance anyhow so have come after us for the money via Bdc. 

What are you doing with the demands from Bdc? Are you bowing to their pressure or ignoring their invoices?

We had already agreed alternative dates with this particular customer and this was before there was a FM policy enforced by Bdc for Brazil. I just have no idea if Bdc can legally demand this money from their partners?

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The Bridge Cas… 3 years ago

Not sure how this will develop. I know how strict they are concerning payment of invoices. You can refuse to pay but you will be shut down on their site without any possibility of getting new guests from them.

unfortunately we all know how dependent we are of Booking.com and I believe the only measures they are going to react to is of a government or court decides in favor of the accommodation providers.

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Jcwren1966 3 years ago

In may case in Spain. They simply process the refund automatically without even letting me know

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Craigmoniecottage 3 years ago

Hello Analizia - don't pay - we all need to get together with this and make a stand against these unfair practices have a look at the other posts.  These times are terrible and unfortunate but maybe we can put them to good use and start tackling the unfair practices of the OTA's who are treating us like slaves with threatening tactics - time we stood up to them and during these times when we have a bit more time on our hands (unfortunately) might be that very time

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Craigmoniecottage 3 years ago

hI jCWREN1966

The link is correct but when you paste it into the search bar three possibilities come up and I got in on the 3rd one.

 

Good Luck

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Apple Property Group 3 years ago

Has anyone else started receiving  , review claim and respond emails ?

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Jcwren1966 3 years ago

This is a mail that I am sure many of you recieved from the CEO of AirBnB today.

I am sure you all agree this is what we want and expect from B.Com. At the very least.

The precedence has been set so we need to keep up insisting that the policy is changed to support ALL partners and insure we receive compensation .

 

This is the mail

 

Dear Host,

What a devastating couple of months this has been for all of us. Like many of you, I wake up every day distanced from friends and co-workers, wondering what the world has in store. As I see the news every day, my heart goes out to all the countries, communities, and families that are being overwhelmed by the scale and impact of this crisis.

Amidst all this, the global travel industry has come to a halt. Airlines are grounded and borders are closed. Most of us—including our guests—are on government advised lockdowns, unable to leave our homes. Travel as we know it is almost impossible.

On March 11, when the World Health Organization declared a pandemic, we were faced with a dilemma. If we allowed guests to cancel and receive a refund, we knew it could have significant consequences on your livelihood. But, we couldn’t have guests and hosts feel pressured to put themselves into unsafe situations and create an additional public health hazard. We determined that we had to allow your guests to cancel and receive a full refund—including all our fees. Please know this decision was not a business decision, but based on protecting public health.

However, while I believe we did the right thing in prioritizing health and safety, I’m sorry that we communicated this decision to guests without consulting you—like partners should. We have heard from you and we know we could have been better partners.

Although it may not have felt like it, we are partners. When your business suffers, our business suffers. We know that right now many of you are struggling, and what you need are actions from us to help, not just words

Here are some actions we are taking to help you navigate the crisis.

We will pay $250 million to hosts to help cover the cost of COVID-19 cancellations.
When a guest cancels an accommodation reservation due to a COVID-19 related circumstance, with a check-in between March 14 and May 31, we will pay you 25% of what you would normally receive through your cancellation policy. This applies retroactively to all COVID-19 related cancellations during this period. This cost will be covered entirely by Airbnb. These payments will begin to be issued in April. Guests with reservations booked on or before March 14 will still be able to cancel and receive a standard refund or travel credit equivalent for 100% of what they paid.”

 

 

 

And this is the new policy

“For a reservation to be eligible under our extenuating circumstances policy, it must have been for accommodations and booked on or before March 14 with a check-in between March 14 and May 31, 2020. If a reservation is covered:

  • Guests will be able to cancel for a full refund for COVID-19-related circumstances.
  • Airbnb will pay 25% of what you would’ve received for a cancellation based on your cancellation policy. For example, if you would normally receive $400 USD through your cancellation policy, we'll pay you 25% of that—or $100 USD.
  • We'll send an email with more details in early April to hosts who are getting a payout. Future payments from the fund will be made on a monthly basis to hosts with qualifying cancellations.
  • This policy will also apply retroactively, including any cancellations you may have had since March 14.

For reservations booked on or before March 14 with a check-in after May 31, we recognize there may still be uncertainty. In the coming weeks, we’ll be asking hosts and guests to revisit these reservations and choose to either cancel or re-commit to the reservation.

Finally, for any reservations booked after March 14, your cancellation policy will be in effect as usual and COVID-19-related extenuating circumstances will not apply.”

 

 

 

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Apple Property Group 3 years ago

 

I wonder how booking.com will see the new policy released by the Spanish government this evening stating that travel agents/operators can offer a credit or voucher for 1 year and no refunds in the first year? and how will booking.com adjust their policy of blanket free cancellations without approval? I see it as a way of protecting the tourism industry and will booking.com rethink there approach to so-called partners. Thanks

 

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Jcwren1966 3 years ago

HI

 

This is great news. Do you perhaps know where I can find this, so i can include it other information that I am using n our fight.

I am constantly fighting for this cause.

It is very important for our future business and our we handle this situation and how we position ourselves for whats coming.

Any information you have will help me with this

Thanks

 

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Jcwren1966 3 years ago

i understand that line about travel agencies to mean that if the voucher has not been used after 1 year then the CLIENT/GUEST can request a full refund.

Or am I reading this incorrectly?

 

This could mean we would need to refund even after a year

 

 

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Apple Property Group 3 years ago

Yes, but I think it would relieve a lot of pressure from businesses short term? I think most people would come back rather than wait a year... 

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Jcwren1966 3 years ago

For sure.

 

At least it prevents B.Com from blindly issuing refunds

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BrookAve 3 years ago

important keywords to pay attention to in that:

 

"for missed package holidays"

 

 

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Apple Property Group 3 years ago

Will it thou! I think they will find a way not to, even thou people and businesses are on the brink of no return they continue to ignore emails and carry on protecting their image for the booker and leaving the so-called partners out to dry.  

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Jcwren1966 3 years ago

We have rights too. Unless we enforce our rights then yes they will run riot over us.

WE need to keep at this untill they acknowledge their place

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Jcwren1966 3 years ago

I would be interested to know, under EU law which policy has priority.  The policy of the property with which the guest booked or the B.Com policy?

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Jcwren1966 3 years ago

This is the recent mail from B.Com about a refund they processed . It seems that there will be changes from the 6th April

However this is not enough. I want the refunded fees back.

Here is their mail and below that, is my response.

 

 

Dear Bellevue Apartment,

 

Thank you for working with Booking.com.

 

We’re writing to you regarding reservation XXXXXXX

 

the information regarding COVID 19 was provided in the help centre. We kindly ask you to verify the information.

 

https://partner.booking.com/en-gb/help/legal-security/important-information-regarding-coronavirus

 

As mentioned before, we will be taking new measures regarding COVID 19 starting in April 6th. Therefore, reservation before that will get refund to guest. Once again I apologize for the inconvenience.

 

Thank you for your cooperation.

 

 

My response

 

Hello

 

Thank you again for your mail.

 

I refer you once again to your very own policy.

I have highlighted the part that you fail to understand.

According to you own policy you have no right to dictate my policies. You certainly have no right to override my policies.

 

The refunds were processed and authorised solely by booking.com, without any permission.

 

 

 

1. Scope and nature of our Service

Through the Platform, we (Booking.com B.V. and its affiliate (distribution) partners) provide an online platform through which Trip Providers – in their professional conduct of business (i.e. B2C or B2B) – can advertise, market, sell, promote and/or offer (as applicable) their products and service for order, purchase, reservation, rent or hire, and through which relevant visitors of the Platform can discover, search, compare, and make an order, reservation, purchase or payment (i.e. the Trip Service). By using or utilizing the Trip Service (e.g. by making a Trip Reservation through the Trip Service), you enter into a direct (legally binding) contractual relationship with the Trip Provider with which you make a reservation or purchase a product or service (as applicable). From the point at which you make your Trip Reservation, we act solely as an intermediary between you and the Trip Provider, transmitting the relevant details of your Trip Reservation to the relevant Trip Provider(s) and sending you a confirmation email for and on behalf of the Trip Provider. Booking.com does not (re)sell, rent out, offer any (travel) product or service.

 

In addition

 

Your other FM policy stats the following

 

As the contract between us and the property (you in this case) includes this information:

"In the event of a Force Majeure Event, the Accommodation shall not charge
(and shall repay (if applicable)) the Guests affected by the Force Majeure
Event any fee, costs, expenses or other amount (including the
(non-refundable) rate or the no-show, (change of) reservation or
cancellation fee) for (i)
any cancellation or change of the reservation made by the Guests, or (ii)
that part of the reservation that was not consumed, due to the Force
Majeure
Event. In the event of reasonable and justified doubt, the Accommodation
may ask a Guest to provide reasonable evidence of the causality between
the Force Majeure Event and cancellation, no-show or change of reservation

(and provide Booking.com upon request with a copy of such evidence). In
order for Booking.com to register any cancellation, no-show or amendment
of the reservation due to a Force Majeure Event, the Accommodation shall
inform Booking.com within 2 business days after (a) the scheduled check
out date of the no-show or cancellation, or (b) check out, the number of
days
actually stayed. Booking.com will not charge any commission in the event
of a registered no-show or cancellation or over that part of the booking
which
is not consumed due to the Force Majeure Event."

By imposing your policy you completely ignored this part of the policy.  You denied me the right to ask for proof. I may not have asked for it and you may not have required it. But the fact remains, I was entitled to ask for it and your policy denied me that right to communicate with my guest before you refunded the fee..

 

You refunded my guests ignoring you own policies.

In doing so you cause me and many other partner immense damage.

This is unacceptable and you will compensate me for these damages.

 

As a result of this I set up various forums on various social media platform for partners who also suffered damages.

The anger is unprecedented.

 

 

Now once again. I expect compensation for these bookings.

And also. Just for your information. This particular booking was cancelled BEFORE domestic travel in Spain was affected. So according to the FM policy at the time they were not entitled to a refund. Yet you refunded.

 

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Craigmoniecottage 3 years ago

As a matter of interest who in the world has actually declared that the Coronavirus is actually a Force Majeure - the WHO or who. I have tried looking for some reference to this and so far unable to find one that states the pandemic as FM.

What is coming out on 6th April - you can bet it will be another set of policies in the favour of B.Com and the Guest - it won't be anything to protect the accommodation provider thats for sure.

I agree the momentum has to increase however, this platform is useless for that to happen so far it has been a half dozen or so of us that has kept posting with 1 or 2 new posts daily - to few of us and to slow.  

This issue needs momentum from our point of view and quickly.  It needs a bigger platform that gets to the other accommodation providers listed on B.Com so they also realise it is not just them thinking what we are thinking.  From a bigger platform should increase the support which will give a bigger voice and hopefully allow us to take more action.

We are already annoying them (from seeing these posts being edited etc.) but we are just like flies at the moment being swatted away.  If there is someone amongst us that is good with social media that would be a great start especially if they can find a way to easily get the attention of all of those listed on the OTA's websites either by posting a notification on Social Media which might also attract the national/international media groups throughout the world.  I have already been in contact with Scottish B & B Associations, Scottish Self Catering Associations, Federation of Small Businesses, our MP's etc. they in turn are lobbying the UK government about the practices of  OTA's but as they say it needs more global impact so that their practices are exposed globally and the only way that can be achieved I think is by being instigated by ourselves.

This small body needs to grow to have any chance of further impact for now and more importantly for the future and that can only be achieved by numbers - look at the OTA's!! and the only way to get these numbers is by our somehow calling out to them.

Once we have the support all sorts of things could happen i.e. mass blanking of availability. perhaps legal action throuogh crowd funding.  All of things are possible. 

We are not trying to 'get one over' on the OTA's just curb the arrogant and aggessive controls they exercise whenever they choose.  This exercise that they are enforcing now is paving their way for more in the future and who knows what nasties are in store on the 6th April.

I will be happy to communicate with anyone who wants to speak further and jcwren 1966 we already have a direct link set up with each other.

Regards

Charlotte KilmichaelHouse, Drumnadrochit

 

 

  

 

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Victorian Gard… 3 years ago

I am totally shocked by Booking.com's inconsiderate treatment of partners during this difficult time.

My business has collapsed due to all the instantly refunded non-refundable reservations by booking.

It will take me months if not years to honor and be able to refund guests.

Other travel and leisure companies have offered to rebook flights in the future or refund in the following 3 months.

Surely there is something we can all do to be treated with fairness and consideration.

I have no alternative than to seek legal advice!

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Craigmoniecottage 3 years ago

Hi Don't know where you are based but you should look at all the comments about your concerns on all of these B. Com 'Partners Platforms' and you will see we are all of the same opinion. Now the latest headlines are saying the B.Com aka Booking Holdings aka Priceline etc. are now seeking billions of pounds in Government Funding via the various schemes being rolled out throughout the world and yet they still have the audacity to persecute their so called 'Accommodation Partners'  I like many are now considering withdrawing from B.Com and I think in the months to come many more will do the same. As the rest of the world is chaning through covid19 now will be a good time for us all to re-evaluate how and who we do business with.  IF IT WAS NOT FOR THE ACCOMMODATION PROVIDERS SIGNED UP TO BOOKING.COM AND THE LIKES THESE COMPANIES PUT THEY WOULD NOT BE IN BUSINES - WE PUT THEM WHERE THEY ARE AND WE CAN REMOVE THEM IF WE ALL STICK TOGETHER.  If there is no Booking.Com or the likes that will not stop people taking holidays, trips, flights etc.  they will do what they did before their existence book through regional/national associations,tourisim authorities, travel agents etc.  Just because we have all become very comfortable and lazy should now allow Companies such as B.Com to dictate and exercise the dammage and detrimental impact that their questionable practices have had on all of us.  Make no mistake their practices are only in the interests of themselves and are only interested in the 'customers/guests' for that reason however, they forget without us they have no customers and it is hightime we should exercise just what that means.  Stop you direct debits pay only what real commission you should pay by BACS, start looking for new Platforms new Opportunities they are all out there and speak to your neighbouring colleagues and they to theirs etc.  as we are all in the same situation and the way back from this  is in numbers and us all adopting the same practices in order to defend what is left of our businesses and avoid even worse constrictions to our business if the OTA's are allowed to get away with this - because you better believe it there will be worse to come from them the more power they acquire.  

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Craigmoniecottage 3 years ago

Hello All Below is my response to a letter received today from B.Com regarding a declined refund payment and as there are so many on these Forums who are of similar opinions regarding B.Com's questionable handling of this situation then perhaps you should adopt a similar stance or feel free to copy mine

The very interesting fact that the copies of supposed bank statements are in Chinese B.Com cannot even post/translate into English and expect us to accept them as genuine

  • I have already written to you about this situation and again you have made no effort to have the supposed bank statements translated to English - no court in the land would uphold your unprofessional activities in this matter and and no business would support anything that they could not translate.  Please do not insult my intelligence by saying that the Chinese bank cannot provide an English Adaption.  If I were in China I would have to provide a legal translation from English to Chinese. Apart from anything I again post a copy of the your questionable legalities of what you are trying to force on  accommodation providers which is 100% wrong.  I will not be refunding this guest and if you choose to do so you will do this without my permission  it will be your choice at your cost  and I will not re-imburse you for that

     

    Booking.com's actions under these circumstances has clearly been one of contempt for their accommodation providers (without who you would not exist) and only have regard for Booking.Com under these circumstances (hiding behind the pretence of concern over the customer is utter rubbish as your aim is clearly to choke the accommodation proivder and maintain control over them so that you have both parties in a controllable situation at all times. Your actions and practices  are shocking.

     

     

    'Our reservations with B.Com are  contractual reservations – prepaid, non-transferable and non-refundable – as their website T&C’s, they told me it was in OUR contract with Booking.com T&C’s paragraph 2.10 Force Majeure Event.

    We point out to you the following:

    There is no statutory, or common law definition of force majeure or a force majeure event in British Common Law.

    Also, according to OED and Chambers Dictionaries the definition of FM is…superior power (Covid19) an unforeseeable or uncontrollable course of events, excusing one from fulfilling a contract.

    Which meant in effect that as Booking.com was making our contract with the customer null and void then, by the same logic and LEGAL principle, the Booking.com contract quoted as giving them the power to make refunds on our behalf without permission was, effectively, null and void also.

    Finally, we got a positive response from Lisa O and Sergei (on the Booking.Com Partners Community Forum) admitting this was indeed the case and they would contact the customer to inform them that a change of dates was the only option.

    They admitted they can’t have it both ways, if the contract with the customer is null and void because Booking.com has issued a state of FM, then, the contract with Booking.com is also null and void.

    Any payment made by Booking.com to a customer without our permission, is a liability ONLY for Booking.com. We are not legally obligated to then refund Booking.com.'

     

     

    Regards

     

    Charlotte Boyle

    Kilmichael House/Lodge

     

     

    On Monday, 27 April 2020, 14:20:03 BST, Booking. com Customer Service <customer.service@booking.com> wrote:

     

     

    Dear Kilmichael House, Thank you for your reply. We’re writing to you about reservation  for , check-in date 2020-04-08. The bank statement we send you before is the official bank statement from the guest's credit card company and it is been validated by our Chinese speaker agent. We know that you might charged the guest according to the policy, but those reservations can also apply to the forced circumstance free cancellation, the guest is not able to travel due to current situation, we have offered the guest options to change their dates or to receive a voucher for a future stay, but they have refused both alternatives. So we kindly ask for your cooperation in processing any related refund directly to the guest because of the forced circumstance. Please send us a proof of refund within the next 5 business days. If this is not possible, we will have to refund the guest on your behalf and your property may be invoiced for the same amount. Thank you for your cooperation. Kind regards, -- **** Booking.com Customer Service Team Settings

 

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Jcwren1966 3 years ago

HI

I am so sorry to hear that you are still having such terrible problems with B.Com.

I agree with everything yo say and I think that the behaviour from B.Com is completely unacceptable.

We need to continue to press our rights and not stop until B.Com fully understand the role they play in this relationship and behave accordingly.

 

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Craigmoniecottage 3 years ago

Jcwren1966 Hi - I am standing firm on how I am responding to B.Com and if everyone on this site who is venting their unhappieness with the OTA's then we should all be getting together (this platform is one of at leas 3 that is running and there is a growing number represented - not I agree the millions affiliated to BC). I know it is a daunting consideration to make a stand but the alternative is to face what comes next with B.Com once the world re-opens to travel i.e. what policies will they enforce on us if they get away with this one as their aim is to totally control all businesses on their listings.  The effect would be disaterous on B.Com if we all retracted our availability even just for a week (we are already experiencing the disasterous effect of Lockdown and although another week would be hard another week for B.Com would be harder especially when they could not take bookings and knew our availability was open eslewhere.   its a big step for consideration but perhaps one long overdue in the name of fair play and at the end of this mess B.Com will only have Fair Play according to the book of B.Com.  Again only the Accommodation Provider can bring about change as without them B.Com and all the other OTA's do not exist - but the accommodtion providers and the guests will still exist

 

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Craigmoniecottage 3 years ago

Morning all - something new and exciting on the horizon - check out cobooking where ever you are based - what we are all looking for the founder many of us will be aware of in uk as they are chanel managers and good ones

get in touch or look at my facebook page for the link  

***, Loch Ness Scotland

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Jcwren1966 3 years ago

I think I found you on Facebook

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Craigmoniecottage 3 years ago

Hi jcwren1966  great - good to know -  anyone you know - draw their attention to it

Charlotte kilmichaelhouse