I asked Amex to reverse payment to a Bed and Breakfast that I didn’t end up staying at because the room was unacceptably moldy. Initially, the charge was reversed, but since the Innkeeper (also a lawyer) responded with a counter-argument, the charge was reinstituted. My feeling was that no matter how many fallacies and logical dodges his rebuttal contained (and there were many) , any rebuttal at all would have made Amex reinstitute the charge. When I asked to rebutt his rebuttal the lady at Amex said that essentially the case was closed.
Doesn’t Amex have to work with me on this? Aren’t they acting in the capacity as an agent for me? Can I tell Amex I’m withholding payment from them until the case is heard by an arbitrator? I’m not looking to cut off my credit nose to spite my face here but this doesn’t seem right. I am pissed! what can I do?
Read your credit agreement. See what it says in case of dispute.
If it isn’t in your favor, pay the bill and consider taking the innkeeper to small claims court.
I worked in the hospitality industry for many years, but I can’t answer your questions without more information. Namely,
What exactly does this mean? Did you check in, notice the moldiness, and immediately inform him that the room was unacceptable? If so, you should have made it perfectly clear that you were leaving, and had no intention of paying for the room.
Or, did you spend several hours in the room, then decide that it was “unacceptable.”
When you left the B & B, did you notify him? Did you speak to anybody? Or did you just up and head for the Marriott without a word. When did you leave, and under what circumstances?
What were his arguments? It is incumbent upon him to prove that the charge is justified. Is there a cancellation policy (e.g., 24 hours)? Did he offer you another room? There could be many reasons they sided with him.
I spent several years fighting these disputes (they’re known as chargebacks), and I can tell you American Express goes out of their way to side with the cardholder (you). In one way or another, he was able to convince them that he was entitled to be paid. The fact that you had to notify AX that you were disputing the charge indicates to me that you did not resolve this issue before you left the B & B (very important).
Also, I agree with bernse in that you should not involve American Express any further if you value your relationship with them.
I’d lean on AmEx some more. They want you as a customer. They make money off of you.
The basic test is called merchantablility - is the product up to snuff for what it’s supposed to be. A shoe that cannot be worn because a nail poke up through the sole is not actually a shoe and cannot be sold as such. A hotel room you cannot sleep in is not a hotel room. This usually is contested over noise and flashing lights or broken door locks, but all resolve toward the customer.
Bernse is correct. Your relationship with Amex does not extend to the quality of the products or services paid for with their card.
If the product or service does not meet your expectations, it is up to you to resolve the dispute with the vendor.
More details,
When I opened the door to the room the smell of mold was overwhelming. We immediately went downstairs and the girl at the desk said that she had an air purifier she could put in there. We had two rooms and one was ok but we were two couples traveling together so we told the girl that we would have to leave if they couldn’t provide another room. The room is called the “Garden room” for good reason. On the way to the hotel which was 30 min outside the city we wanted to stay in, a cab driver asked us why we left. When we gave our reasons he nodded knowingly saying he had heard of that problem with some rooms at that place.
I originally said that the problem of the mold was compounded by my spouse’s allergies to which the proprietor responded that he was damaged by an undisclosed medical condition and that if informed he would have told us to stay at a hotel, not an inn. This argument is immaterial because the other (healthy) couple we were with were also unwilling to stay in the one moldy room.
I don’t know if AmEx works this way, but other credit card companies do…
- You make a charge for item X.
- Item X is unacceptable, so you return it and ask for credit. The merchant credits charge X back to your card.
- You also speak with your credit card company, who reverses the charge. (i.e. makes the original transaction not take place.)
Now, at this point, the merchant has refunded money that wasn’t paid to them. (Like giving you $20 for a $20 check, that later bounces.) So they charge the item again, to end up EVEN, so they don’t end up paying you money for not buying something.
That isn’t the case here, is it?
Corr