I'm out $9200 for a reservation a year from now
#81
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Absolutely do what JanisJ suggests, it is the fastest way to a resolution.
Also do what I suggested, take the credit card company to small claims court (or whatever your state calls it). The "contract" is not legitimate for reasons specified earlier, and this contract is being enforced by your credit card company. So they are the ones you go after. If you don't pay, your credit card company is the one who will take action against you.
I don't think there is a foreign contract law component here. The OP "signed" the "contract" in the US. Booking.com is a Dutch company but there must be a US branch operating under US federal and state law
https://craft.co/bookingcom/locations
so this "contract" is subject to US state laws for both parties. Not a lawyer but I don't think UK law enters into how OP approaches this, unless OP takes action against the hotel in British court.
Adding: If Booking.com USA is headquartered in NYC (as it appears to be) you can file in small claims there, also, for issuing a contract that is not legitimate under NY law (for reasons specified above). My assumption is that in going after either the credit card company or Booking.com USA in court is that your case will be forwarded to a legal team who will decide in your favor and drop the charge, that it won't actually go need to go to court.
Also do what I suggested, take the credit card company to small claims court (or whatever your state calls it). The "contract" is not legitimate for reasons specified earlier, and this contract is being enforced by your credit card company. So they are the ones you go after. If you don't pay, your credit card company is the one who will take action against you.
I don't think there is a foreign contract law component here. The OP "signed" the "contract" in the US. Booking.com is a Dutch company but there must be a US branch operating under US federal and state law
https://craft.co/bookingcom/locations
so this "contract" is subject to US state laws for both parties. Not a lawyer but I don't think UK law enters into how OP approaches this, unless OP takes action against the hotel in British court.
Adding: If Booking.com USA is headquartered in NYC (as it appears to be) you can file in small claims there, also, for issuing a contract that is not legitimate under NY law (for reasons specified above). My assumption is that in going after either the credit card company or Booking.com USA in court is that your case will be forwarded to a legal team who will decide in your favor and drop the charge, that it won't actually go need to go to court.
Last edited by tom_mn; Jan 10th, 2024 at 05:35 AM.
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gangof7
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Jun 28th, 2005 02:51 PM