Complaints

• Initial Complaint

  03/07/2024

  Complaint Type:

  Product Issues

  Status:

  Resolved

  More info

  We are asking for assistance in getting *************************, DBA Heron Cay Bed and Breakfast (** B&B) , to refund the $153.00 reservation deposit we made for a past reservation. reservation (Conf # ***) on 5/02/2017.********************* (****) made our reservation on-line at the ** B&B on 2 May 2017, for 2-3 July 2017 booking (Confirmation # ***). At that time, ***** rendered a $153.00 deposit via her **** card for the reservation. ***** emailed ****** on 30 May 2017, that we would have to reschedule our stay at ** B&B. ****** acknowledged cancellation and provided assurance that the $153.00 deposit was secured for rescheduling a future reservation. Please note the cancellation occurred 33 days prior to the reservation, and by ** B&B, well exceeded cancellation limits. At no time during the 30 May 2017 email exchange did ****** indicate we would owe a 25% cancellation fee.On 27 February 2024, ***** phone called ****** to discuss possibility for a 1-day reservation on 15 March 2024, and use our original deposit against this reservation. ****** indicated that they would not be able to accommodate a 1-day reservation on that date, and required us to make a 2-day booking. ***** told ****** that we could not, and did not desire more than the 1 day reservation, so asked that we get the $153.00 deposit (made 27 May 2017) credited back to Normas ****. ****** indicated that we would be subject to and charged a 25% CANCELLATION FEE against our initial deposit. We hold this application of a cancellation fee is not keeping with the clear cancellation 33 days prior, and Margies good faith assurance that the funds (she retained over 7 years) could be used without penalty. I am asking the BBB to assist in resolving this deposit refund issue with ****** and ** B&B, for refunding the $153.00 deposit, and a secure means (not email or SMS message) to provide the requested credit card information to complete the refund.

  Business response

  03/24/2024

  RESPONSE IS BEING PREPARED SEPARATELY . . .  IT MAY NOT BE DONE WITHIN YOUR 30 MINUTE REQUIREMENT . . . 

  THIS IS THE FIRST CORRESPONDENCE RECEIVED FROM THE BBB REGARDING THIS CASE . . . 

  Dear Sir/Madam  ******* I am enclosing a copy of the letter written to ************* re: this issue . . .   Again I have not received a written response from these people, they have not provided me with their credit card information, therefore, Heron Cay is unable to process their refund of $114.75 . . .   

  Heron Cay's Cancelation Policy is clearly posted on our website and has been the same for nearly 20 years that we have been in business;  Cancelation Policy is shown again below, along with a copy of the letter written to respond to their request . . .

  Heron Cay is unable to provide paperwork on this file since our records are not retained as far back as 2017 . . .   Please let me know if you have any further questions

  'Dear Sir  ******* I spoke with ********************* at length on Wednesday, February 28, 2024 regarding your lodging reservation of July 3, 2017 which you canceled . . . 
  
  ***** requested a one Friday night only reservation and we have a two night minimum on weekends, therefore we were not able to accommodate her request and she requested her money refunded . . .  
  
  I told her to provide me with a copy of my letter promising a refund, since my records do not go back to 2017 when this reservation was made, also provide me your current credit card information so that I can process your refund less the 25% cancelation fee . . .  I also followed our conversation with a text to her phone, requesting this information . . .   
  
  To this date, I have not received any communication from ***** regarding this issue, only this morning at 8:45am when you called during my preparation of breakfast for my lodging guests
  
  CANCELLATION POLICY:  We are a small inn and consequently cancellations affect us significantly . . .  In the unfortunate event that you are unable to keep your reservation, with reasonable notice we prefer to reschedule your visit to a more convenient date; however, deposits are refundable in the form of full credit toward future lodging if you cancel at least 7 days prior to your arrival ******************* & Holiday Cancellations Require at least 15 days notice.   A 25% Cancellation Fee will be charged if refund is granted by Management.  The full amount of reservation will be charged to Credit Card on File for No Shows or No Notice of Cancellation and Early Departures will be Charged for the Full Stay, No Refunds  . . . Cancellations or any change in details must be in writing / email.

  THANKS,  ***************************, OWNER/INNKEEPER
  HERON CAY LAKEVIEW B&B INN
  ****************************************************************************
  www.heroncay.com  ************'

   

  Customer response

  03/25/2024

   
  Complaint: 21398914
  
  I am rejecting this response because: We do not accept that Heron Cay will only refund $114.75 of the $153.00 deposit made on 5/2/2017, retaining $38.25 cancellation fee. 

  We made the deposit on 5/2/2017. A cancellation email was sent 5/30/2017, 33 days prior to the 7/2/2017 reservation. At 33 days out, we were well before the cancellation policy description of "deposits are refundable in the form of full credit toward future lodging if you cancel at least 7 days prior to your arrival ************* & Holiday Cancellations Require at least 15 days notice"

  We consider this a predatory fee practice. Heron Cay applies a 25% cancellation well beyond the 7 day / 15 day cancellation notice. This was unexpected, as Heron Cay's response to our cancellation email was "we
  like to think that you want to visit us in **************, therefore, consider this note as assurance that we will apply
  your $153.00 deposit to your future visit, it will never expire." Nothing in the 5/30/2017 email exchange indicated we were subject to a 25% cancellation fee, then, or anytime in the future.

  This is just bad business. We are still requesting an in-full deposit refund of $153.00 from Heron Cay. Failing resolution via BBB, we are prepared to enter into litigation to resolve. We know that the $38.25 fee is not really worth the legal recovery cost and the negative feedback we will post on all internet sites that advertise this business, but we are prepared to move forward unless Heron Cay will remit the full refund.

  Sincerely,
  
  *************************

  Business response

  03/27/2024

  Litigation over $38.25 is absurd, our courts would never consider such a case and Heron Cay cannot justify spending any more time for such a worthless cause, we are just grateful that these folks never entered our property . . . It is against my principles, but its worth $38.25 to be rid of them . . . 

  
  We will forward $153 to these people as soon as they provide their mailing address to me . . . 

  
  For the record, please note that the case they refer to began in 2017, nearly seven years ago, past the statute of limitations . . .  In addition, I will repost our Cancelation Policy,which has been  clearly shown on Heron Cays website www.heroncay.com for nearly 20 years, where all guests should refer before making a reservation. . .  Please note that full credit refers to being applied toward future lodging not to a refund; the next sentence clarifies there will be 25% Cancellation Fee charged if refund is granted by Management . . .

  
  CANCELLATION POLICY: We are a small inn and consequently cancellations affect us significantly . . .  In the unfortunate event that you are unable to keep your reservation, with reasonable notice we prefer to reschedule your visit to a more convenient date; however, deposits are refundable in the form of full credit toward future lodging if you cancel at least 7 days prior to your arrival ******************* & Holiday Cancellations Require at least 15 days notice.   A 25% Cancellation Fee will be charged if refund is granted by Management.  The full amount of reservation will be charged to Credit Card on File for No Shows or No Notice of Cancellation and Early Departures will be Charged for the Full Stay, No Refunds  . . .Cancellations or any change in details must be in writing / email.

  Customer response

  03/27/2024

   
  Better Business Bureau:
  
  I have reviewed the response made by the business in reference to complaint ID ********, and find that this resolution is satisfactory to me.
  
  Sincerely,
  
  *************************

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