Legal Question in Consumer Law in Louisiana
Right To A Refund
During the month of May, I made an online reservation to a hotel in Louisiana. The reservation was made for July 4th-July 7th 2002. In order to make the reservation, I had to give my cc# online. To avoid any charges, I had to cancel by June 4, 2002. Late May, I attempted to cancel the reservation because I am not able to take the vacation. I was under the assumption that the the reservation was canceled, until June 5, 2002, which I was billed in the amount of $427.32, which was not the price initially quoted in the reservation confirmation ($382.38). I phoned the hotel in Louisiana explaining the situation. They refused to give me a refund eventhough the refund is 30 days before the travel date. I even contacted the Hotel's Guest relations dept, who wrote a letter in my favor, the manager still refuses to refund my money! Am I entitled to a full refund, under the FTC's Cooling Off Rule? What do you recommend?
2 Answers from Attorneys
Re: Right To A Refund
I can make no recommendation on this problem. I do not practice in Louisiana, and am unaware of any federal law regarding hotel cancellations.
Re: Right To A Refund
I am not aware of a "cooling off rule," but I would dispute the charge on my credit card and tell the card company you did not authorize the charge. When you canceled the reservation, you withdrew the authorization, and therefore the hotel did not have the necessary authority to charge the bill to the card. Additionally, without the original signature of the card holder, the hotel has little ground to demand payment. The charge should be removed from your statement within 30 days.
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