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Wrong charge on credit card (chargeback NOT an option) , shall I sue the hotel or the chain in small claims court?

Sunderland, MA |

It's a hotel under Magnuson Hotel group. I booked a room then canceled within free cancellation period. But the hotel still charged the full amount after the supposed arrival night. After lengthy phone discussion, Magnuson hotel group told me they only acted as booking agent and the hotel refused to investigate. Without chargeback service from Chinese credit card, I probably need to sue. Questions:
1. What law did they break? Consumer protection or Credit card fraud?
2. Should I sue the chain or the hotel? My order and its cancellation is with the chain yet it is the hotel who charged me. Another consideration is minimum contact, the hotel website has no booking system, while the chain has a full English website which I booked through.

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Attorney answers 1


Unless the room was very expensive and unless you have some sort of written proof that you cancelled (or an acknowledgment from the hotel that they received the cancellation and failed to cancel the room) you may not want to spend the time. Otherwise you'd have to do some research to see where to sue them, and where/how you might be able to collect.

Do you want accurate, personalized, legal advice that you can rely on? You will have to hire an attorney, not ask on Avvo. I am not your attorney and am not creating an attorney-client relationship by this post. I am therefore giving only general advice. This advice may not apply to you or your situation; may not take account of all possibilities, and may not match the advice I would give to a client. DO NOT rely on this advice or any other advice on Avvo to make your legal decisions. If you want an answer to a legal question you should retain an attorney who is licensed in your state.

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