Not upheld: chargeback and Section 75 claim - alleged service not as described complaint against American Express Services Europe Limited

Decision detail

Summary

Mr C paid £583.12 for four hotel rooms via booking agent B, but upon arrival discovered the beds were small double beds rather than standard double beds. He cancelled the rooms and paid £602 for alternative accommodation, then claimed a refund through AmEx via chargeback and Section 75 of the Consumer Credit Act 1974. AmEx declined both claims, stating the rooms were accurately described as having small double beds and the non-refundable cancellation policy was clearly disclosed. The ombudsman upheld AmEx's decision, finding that Mr C's booking confirmation and the booking agent's website both clearly described the beds as small doubles, and Mr C provided no evidence to support his allegation that the website description was changed after booking.

The Ombudsman's reasoning

The ombudsman found that AmEx correctly applied both chargeback rules and Section 75 protections. Under chargeback rules, the claim lacked reasonable prospect of success because the beds were accurately described as small doubles in the booking documentation and website. Under Section 75, Mr C failed to establish either a breach of contract or misrepresentation, as the bed sizes were clearly and accurately described in both the website and his booking confirmation, and the non-refundable policy was properly disclosed. Mr C's allegation that the website was updated after booking was unsupported by evidence and contradicted by his own booking form from the time of purchase.

How this compares

Source

Read the original decision on the Financial Ombudsman Service website