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UK Hotel Adds Hefty Charge For Bad Reviews Online

Bizzeh writes: A British couple has been "fined" £100 by a Blackpool hotel for leaving critical comments on Trip Advisor. The UK's Trading Standards organization is investigating the incident, saying it may breach regulations. The Broadway Hotel's booking policy reads (in small print), "Despite the fact that repeat customers and couples love our hotel, your friends and family may not. "For every bad review left on any website, the group organizer will be charged a maximum £100 per review."

24 of 307 comments (clear)

  1. Ask the credit card for a refund by Anonymous Coward · · Score: 5, Interesting

    The card charges 30 pounds fee to refund it, and the hotel loses the money and the fee.

    Do that often enough and the hotel will lose the right to take credit cards, because the card companies don't want scams like this.

    A hotel that can't take credit cards will lose most of their business very quickly.

    1. Re:Ask the credit card for a refund by Anonymous Coward · · Score: 5, Informative

      The couple have sought a refund via their credit card company.

      FTA

    2. Re:Ask the credit card for a refund by michelcolman · · Score: 5, Interesting

      For my software, I've had chargebacks from people just saying they didn't want the software anymore, without any further explanation (after they had already received their registration code and could use the software with no restrictions). I was told there was nothing I could do. Instead of a $15 sale, I had to pay a $15 chargeback fee. All I could do was disable that registration code in future updates. Fortunately it was a relatively rare occurrence.

    3. Re: Ask the credit card for a refund by Anonymous Coward · · Score: 4, Informative

      Despite what the Republicans are trying to tell you regulating businesses is not the same as communism.

    4. Re:Ask the credit card for a refund by Anonymous+Brave+Guy · · Score: 4, Informative

      I was told there was nothing I could do.

      It looks like you need to use a better card payment service. Although the chargeback system is certainly horribly biased against honest merchants and vulnerable to abuse, you can still dispute any chargeback, and any serious card payment service will surely provide for this.

      Also worth knowing:

      1. Some payment services these days will waive the chargeback fee if you successfully defend the charge.

      2. If you use 3-D Secure to authenticate the buyer, then chargeback liability shifts to the financial companies rather than you as the merchant under most circumstances.

      So the situation here is at least a bit better for honest merchants than it used to be.

      --
      If you disagree, post your argument. (-1, Overrated) isn't your personal censorship tool for views you don't like.
    5. Re: Ask the credit card for a refund by dywolf · · Score: 5, Insightful

      no, regulation is not inherently bad.

      without regulation you also wouldnt have clean air, clean water, and safe food.
      you wouldnt have a safe workplace.
      you wouldnt have a safe car.
      your bank accoutnants wouldnt be protected by insurance.
      your bank wouldnt be restricted in what it can do with your money.
      your grandma out in the country wouldnt have phone or even electricity.
      and now, most recently, your insurance cant kick you off your plan when you get sick.

      i can go on.

      --
      The guy who said the election was rigged won the presidency with the second-most votes.
  2. Broadway Hotel, 2-4 Burlington Road West Blackpool by itsme1234 · · Score: 5, Informative

    BROADWAY HOTEL SUCKS

    Come and take your 100 pounds for this.

    Streisand Effect anyone?

    Last review from tripadvisor:

    "I spent two nights for my son's 18th birthday at this hotel, but had I read the reviews 1st I wouldn't of stayed at this hotel. The breakfast was disgusting, the tables and cutlery were filthy and the dining room looked as it hadn't seen a hoover in months. In our bedroom the shower head was useless cause you had to hold it yourself as the holder on the wall was broken also I don't think they clean the showers regular cause it was filthy, we couldn't turn the TV on, the floor was dirty. In my son's room he couldn't turn the heating off so had to be too hot all night "

  3. Meet Streisand by whoever57 · · Score: 4, Insightful

    The owners of this hotel are no doubt becoming familiar with the Streisand effect right now. OTOH, £36 for a hotel room? What did they expect? I know it's Blackpool, but still, no one should expect much for £36 pounds.

    --
    The real "Libtards" are the Libertarians!
    1. Re:Meet Streisand by Chrisq · · Score: 4, Interesting

      Problem is: nobody reads contracts.

      The good news is that this works both ways. A number of times I have crossed out bits I don't like, and photocopied the contract before sending it back and nobody said a thing. Only once did I get a letter saying that they would only do business if I accepted all terms.

    2. Re:Meet Streisand by Richard_at_work · · Score: 4, Interesting

      Such "contracts" hold little to no water in the UK, which is why Trading Standards is involved - this hotel is going to get buttfucked from here to Singapore by quite a few government bodies over this, and quite probably lose their merchant status for accepting cards.

    3. Re:Meet Streisand by thegarbz · · Score: 4, Informative

      In many parts of the world you're not required to read contracts. Items that are not part of a standard contract are not enforceable unless separated and signed on their own.

      So: It is expected that a hotel charges me for the minibar and damage to the room. It is unexpected and not even remotely standard practice that they charge me for leaving a bad review. Hence when I sign on the dotted line I agree to standard terms. This is backed by case law in several parts of the world, and I think the UK included.

      In Australia it was to do with a postal worker having people sign over the deeds to the house when dropping off a package.

    4. Re:Meet Streisand by iapetus · · Score: 5, Funny

      I applied this back in the early days of Java development, when the giant list of terms and conditions for the SDK download was displayed in a text field.

      An editable text field.

      This has two main effects that I can see:

      1. I, unlike most people, am allowed to use old versions of Java to run nuclear power stations.
      2. Sun owes me $1m for each JDK I downloaded back in the day.

      To date I haven't received payment.

      --
      ++ Say to Elrond "Hello.".
      Elrond says "No.". Elrond gives you some lunch.
  4. Never Use Your Real Name by Anonymous Coward · · Score: 4, Insightful

    While crap like this is obviously bogus, one easy way to short-circuit it is to simply never use your real name on any of these review sites.
    If they can't identify you, they can't extort you. Especially if you use a pseudonym that is really common like say William Brown or John Williams.

  5. Re:Broadway Hotel, 2-4 Burlington Road West Blackp by Anonymous Coward · · Score: 5, Funny

    BROADWAY HOTEL SUCKS

    You were lucky! Instead of breakfast they gave me a green paste of dubious origin. The room had no shower, if you wanted to get clean you had to stand under the rain. On the bright side, the holes in the roof helped do that while staying in. On the other hand, there were no windows, just holes in the wall (on one of the three standing walls, the fourth one was just a hole into the abyss.

    Of my two sons, one disappeared after going to the kitchen for dinner. We had to sell the other to pay the fine for this review.

  6. Not quite true by Anonymous Coward · · Score: 4, Informative

    The chargeback processing fee is charged regardless. I use to be on the receiving end of chargebacks and my credit card processor would charge this no matter what. The hotel can challenge it, but the money remains frozen until resolved.

    What the hotel is trying to do here is create a 100 pound fee that can get around the UK Chargeback rule, that limited the automatic right to a chargeback to items costing less than 100 pounds.

    However the automatic right within law isn't why you get a chargeback, its the credit card company discretion that gives you it. The law was an extra protection added, but chargebacks were prior to it.

    https://en.wikipedia.org/wiki/Chargeback

    So ask, the credit card company will refund, this is clearly an unsustainable charge, and they should also raise it with the major hotel booking companies, because their review system is being attacked here, and their conditions of inclusion for the hotel are being broken.

    Get the hotel kicked from Booking.com Apodo and the rest and it will be gone from memory quick enough.

    1. Re:Not quite true by Anonymous+Brave+Guy · · Score: 5, Interesting

      I'm guessing from your comments on the £100 figure that you're referring to the protections under section 75 of the Consumer Credit Act (the one making your credit card company liable along with the retailer under certain conditions, if you buy something using your card). That's a useful law to know, but in this case it doesn't seem necessary.

      The small print supposedly enabling the "fine" here is almost certainly a straight-up unfair term in a consumer contract, and as such it would not be binding on the consumer according to the Unfair Terms in Consumer Contracts Regulations 1999.

      In practice the quickest way to get the matter resolved might be to ask the card company to charge the "fine" back, and given that the chargeback system is heavily loaded against merchants this seems likely to succeed.

      If that doesn't work, a small claims court action might be entertaining, but as with any low value legal action there is unfortunately a high probability that the time and hassle of finding your way around that system and going to court if necessary would far outweigh any financial benefit you might gain by the end of it, unless you've done this sort of thing before and so already know how it works.

      (I'm not a lawyer, so obviously check that the above is still correct if this affects you, but this situation is so clear-cut...)

      --
      If you disagree, post your argument. (-1, Overrated) isn't your personal censorship tool for views you don't like.
  7. The answer is...virtual credit cards by ruir · · Score: 5, Interesting

    We have had them for years here. They are tied to my account, and in and every need, I create a separate one with the limit of the value I want to pay. You can create one for single use, or one with a validity of one year for being charge by a single merchant. The advantage of the process is that you place a roof on the limit. Yeah, I am paying a 50 euro charge, maybe I create a card with 51 euros. Last time a big hotel here asked a VISA card just to book my parents, but on the conditions said "this will be only used if the guests do not show up"...well, I created a virtual VISA with 5 EUROS. First thing my parents heard from the idiots "Your VISA card is not working". Even my Apple account is tied to a virtual VISA card with a small amount..The scheme has existed here for almost decade, and it well tested and proven to work.

  8. Re:Broadway Hotel, 2-4 Burlington Road West Blackp by korbulon · · Score: 4, Funny

    BROADWAY HOTEL SUCKS

    You were lucky! Instead of breakfast they gave me a green paste of dubious origin. The room had no shower, if you wanted to get clean you had to stand under the rain. On the bright side, the holes in the roof helped do that while staying in. On the other hand, there were no windows, just holes in the wall (on one of the three standing walls, the fourth one was just a hole into the abyss.

    Of my two sons, one disappeared after going to the kitchen for dinner. We had to sell the other to pay the fine for this review.

    "Eh, you were lucky to have a room! We used to have to live in t' corridor!"

    "Oh, we used to dream of livin' in a corridor! Would ha' been a palace to us. We used to live in an old water tank on a rubbish tip. We got woke up every morning by having a load of rotting fish dumped all over us! Hotel? Huh."

  9. The TripAdvisor URL by Wootery · · Score: 4, Informative

    Maybe I just missed it in the comments, but: here is the TripAdvisor page for the hotel.

    1. Re:The TripAdvisor URL by rfrenzob · · Score: 4, Funny

      I am a developer who dabbles in entomology as such I was simply thrilled to walk in and see a roach scurrying across the lobby floor. This set my hopes high for the room and I would not be disappointed! Some people read, watch the telly, play games, etc before bed. I enjoy getting out my equipment and studying insects. What can I say, we all have our hobbies.

      While visiting the States for a conference in Chicago last year, I had the pleasure of eating at Ed Debevics. If you have never eaten there, the servers are a bit on the rude side for comedic effect. Based on my conversation with the desk when attempting to get a new light bulb for my room I'm assuming the attendant worked at Ed's while studying abroad in Chicago. "There is a shoppe down the way. Go get one yourself."

      As far as the breakfast, it was simply delicious. The powdered eggs were served at a perfect 22C (72F). Not so hot as to burn the tongue but not so cold as to be crispy with a layer of frost. The pastries had a new green flavor enhancer on them. I have forgotten the name but it was excellent. Highly recommend.

      Don't believe the negative reviews! I definitely feel I got more than my £36 worth out of my stay at this fine hotel!

  10. Re:Broadway Hotel, 2-4 Burlington Road West Blackp by Barny · · Score: 4, Funny

    And you try and tell the young people today that and they wont believe you!

    --
    ...
    /me sighs
  11. Re:Broadway Hotel, 2-4 Burlington Road West Blackp by Peter+Simpson · · Score: 4, Funny

    is the owner's name Fawlty, by any chance?

  12. Re:Contracts by psmears · · Score: 4, Interesting

    Retail or not, contracts are binding.

    Contracts tend to be binding even when both parties don't read--most contracts are not read but are binding

    Are you sure about that? Note the following (from the American Law Institute):

    Where the other party has reason to believe that the party manifesting such assent would not do so if he knew that the writing contained a particular term, the term is not part of the agreement.

    i.e. if you put terms into a contract that you know your customers aren't likely to agree to, then they're not binding, even if the contract is signed.

  13. Re:Contracts by Luckyo · · Score: 4, Insightful

    In most of Europe, law specifically requires contracts in common situations like booking a stay with a hotel that have "unusual terms" for the terms to be specifically and carefully explained. The burden of proof that explanation was delivered and appropriate lies with the one inserting these clauses (in this case hotel) and even if this was found to be true, court would still likely strike it down as illegal because of power balance in this case (customer arriving with expectation of a place to stay, hotel in a position of power because it holds the room guest has expected behind unreasonable contractual terms).

    Reminder: Most of Europe is far more consumer-centric than wild west capitalism of US.