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Couple 'fined' £100 for leaving a bad review

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11–20 of 167 posts

Re: Couple 'fined' £100 for leaving a bad review

#11
post #9

I dont understand how this is even legal in Europe.No matter what the contract says.How can this be a legal clause? I dont get it.

It probably isn't, but it's in that annoyingly small fee zone where it costs more to take them to court than it does to just accept the fine. I think in this case, they'll probably get the money back from their CC company though.

Re: Couple 'fined' £100 for leaving a bad review

#15
post #11
post #9

I dont understand how this is even legal in Europe.No matter what the contract says.How can this be a legal clause? I dont get it.

It probably isn't, but it's in that annoyingly small fee zone where it costs more to take them to court than it does to just accept the fine. I think in this case, they'll probably get the money back from their CC company though.

The hotel made a strategic error so no need for court.

Under the UK Consumer Credit Act, when a credit card charge of £100 (or more) is made, the credit card company becomes 'jointly and severally liable'. A charge for a bad review also falls foul of UK Fair Trading legislation which means the couple can pursue the credit card company for the unfair trade breach and reclaim their money that way. Credit card companies don't argue in these cases and refund pretty damn fast (from experience) and just charge-back the business (so they lose the £100 and have additional charge-back fees of around 25% added on top).

If the hotel charged £99.99 instead, it would be a very different story and would need the Trading Standards people at the local municipal council to take action. (They already stated they will be regardless of the refund since these are unfair trade practices.) A refund would happen but would take longer and may well need a local county court action.

Re: Couple 'fined' £100 for leaving a bad review

#16
post #11
post #9

I dont understand how this is even legal in Europe.No matter what the contract says.How can this be a legal clause? I dont get it.

It probably isn't, but it's in that annoyingly small fee zone where it costs more to take them to court than it does to just accept the fine. I think in this case, they'll probably get the money back from their CC company though.

In England they could go through small claims. An online claim for £100 would cost £25 initially and costs can be recovered.

https://www.gov.uk/make-court-claim-for-money/overview

They could get free legal advice from Citizen's Advice. http://www.adviceguide.org.uk/wales/law_w/law_legal_system_e...

But just reclaiming the money via credit card companies is probably easier.

I'm curious about why the people leaving one and two star reviews are not also sending reports to trading standards / environmental health. If the public areas are dirty I dread to think what the kitchens are like.

Re: Couple 'fined' £100 for leaving a bad review

#17

This happened with a New York hotel. They were trying to charge $500 for bad reviews http://edition.cnn.com/2014/08/04/travel/bad-hotel-review-fi... Thank you internet (Yelp, Tripadvisor) for putting them to shame!

Thought of that case too.

Seriously, making a mistake for the first time is one thing, but seeing the shitstorm that ensued after that and repeating it is another.

Re: Couple 'fined' £100 for leaving a bad review

#18
post #9

I dont understand how this is even legal in Europe.No matter what the contract says.How can this be a legal clause? I dont get it.

I'm not a lawyer and I'm going to appear to play the devil's advocate here, but bear with me and let's say it's not illegal for an agreement to contain such a clause. If it breaks no laws, then why is it illegal? Assuming you have signed an agreement for this knowingly (or at least they presented this agreement to you and it's fair to presume that you've read it before signing it). So what you would have to do is refuse to sign that. Maybe you'll have to find another hotel but you can leave a negative review pointing out this outrageous demand from this hotel. They can't charge anybody a hundred pounds and they get really bad reviews for it.

So basically I don't know what got into their heads when they thought this is a good idea, either. At the same time, though, I wouldn't be surprised if this is not an illegal clause per se. If they charge a hundred pounds for structural damage to their hotel, or theft of towels or so, it would make more sense, and if they consider a bad review to be damaging, it isn't even that far fetched. I think they should know better than to do something stupid like this at the end of the day, however.

Re: Couple 'fined' £100 for leaving a bad review

#19

I think this is the place I stayed when I went to see Bob Dylan play in Blackpool 2013. It wasn't too bad, Blackpool is a sh*tehole anyway what do you expect. Dylan was great though, best night of my life.

Dylan'play there is no reason for hotel to steal money from your card.
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