American Express Card Dispute

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Nov 6, 2019
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#1
Hi -
It was suggested I post my dilemma, however, I didn't see a topic for credit card dispute.

I was in at a hotel in St Tropez in June of this year, 2019, where I was told that I wasn't welcome and mistreated because I am a woman of color that questioned the establishment for not delivering what I reserved and dissatisfied with their service and unprofessionalism (my friend and I were lied to several times by the owners who said they could provide the things we needed but they didn't and couldn't). All of this took place within minutes of the check-in process.

As a result, I contacted AMEX immediately to document what was a traumatic situation of being forced to stay at a place, in a foreign country, that didn't want us there but was going to charge me and my friend if we left.

These are the facts:
1. I was advised in an initial online chat with AMEX to wait for the charges and then dispute. I did as AMEX instructed and I WAS NOT CREDITED.
2. My friend and travel partner, NAME WITHHELD, submitted her dispute which highlighted and echoed my submission and she WAS CREDITED. (**Please note, I submitted to AMEX her dispute and resolution. Please also note, the merchant allowed for her dispute to be credited but not mine, which is clear bias on behalf of the merchant.
3. AMEX has repeatedly denied me credit without satisfactory explanation and is showing me by their actions of allowing credit for the one cardholder who submitted the same dispute and not myself, that the MERCHANT is ALLOWED to practice racial discrimination towards a cardholder.

As of 10-29-2019 (and after 5-6 dispute submissions), AMEX sent me a letter requesting the following:
-a detailed letter describing the events surrounding my claim, including the exact amount of credit I am requesting - letter must include the reason for dissatisfaction and details of any good faith attempt to resolve matter directly with merchant as well as any supporting docs.

***How do I best position my response, especially given the fact that the MERCHANT (who is the owner with his wife) told me he will no longer speak with me 1 hour into check-in and didn't engage with me or my travel partner during the duration of our forced stay?****

Thank you kindly in advance for any suggestions.
 
Sep 19, 2015
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#2
I am sorry I am having a problem understanding -- was this a prepaid stay? And you had your room (and paid) and friend had another room (and paid) and there is a problem with the dispute?

The merchant does not allow the credit for the credited -- that is American Express who gives the temporary credit while the claim is investigated.
 
Dec 11, 2016
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#3
Please clarify, did you stay at the hotel? If so, how many nights did you stay out of how many nights billed/charged?

What amenities were you promised that were then refused? Were those amenities promised in writing?

If you did in fact stay at the hotel (because it is not clear if you did), why do you believe you are owed full reimbursement?
 
Likes: Neil Maley

Neil Maley

Moderator
Staff Member
Advocate
Dec 27, 2014
20,130
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New York
www.promalvacations.com
#4
We need to know what was included- in writing in your confirmation- that you didn’t get. That is the basis of your complaint- you still stayed at the establishment and used the facilities so you aren’t due a full refund. And unfortunately- you were not in the US so there are no discrimination rules you can invoke that would hold any weight. If it happened in the US- different story.

Was your letter identicle to your friends? Did she use an AmEx card as well? Did you both have separate rooms and paid for each with your own cards?
 
Nov 6, 2019
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#5
I am sorry I am having a problem understanding -- was this a prepaid stay? And you had your room (and paid) and friend had another room (and paid) and there is a problem with the dispute?

The merchant does not allow the credit for the credited -- that is American Express who gives the temporary credit while the claim is investigated.
there was no prepayment or deposit.
we each had our room and paid.
my friend was credited the full stay, I was not credi at all.
we submitted the same dispute.
Amex told her that the merchant credited her.
 
Nov 6, 2019
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#6
We need to know what was included- in writing in your confirmation- that you didn’t get. That is the basis of your complaint- you still stayed at the establishment and used the facilities so you aren’t due a full refund. And unfortunately- you were not in the US so there are no discrimination rules you can invoke that would hold any weight. If it happened in the US- different story.

Was your letter identicle to your friends? Did she use an AmEx card as well? Did you both have separate rooms and paid for each with your own cards?
we were told that if we didn’t stay they were still going to charge us the full stay despite our dissatisfaction with everything.
my letter was identical to my friend’s letter and she highlighted the owner‘s behavior toward me and our attempts to reach an amicable solution at the time.

but she is allowed to be credited and I’m not?
 
Nov 6, 2019
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#7
Please clarify, did you stay at the hotel? If so, how many nights did you stay out of how many nights billed/charged?

What amenities were you promised that were then refused? Were those amenities promised in writing?

If you did in fact stay at the hotel (because it is not clear if you did), why do you believe you are owed full reimbursement?
1. My room was not as advertised and in my confirmation (it was significantly smaller), her room was as advertise.
2. Food prepared on premises. This was not in writing. We inquired upon check-in. They told us they did have a chef on site. When we received undercooked meals 2x, we were then told that the restaurant a few miles prepare it that way and it can’t be returned.
3. If my friend is entitled to a full reimbursement with the same dispute submission under Amex platinum (we both have), should I not be entitled to the same resolution? She has also written the same to Amex on my behalf.
 

Neil Maley

Moderator
Staff Member
Advocate
Dec 27, 2014
20,130
19,012
113
New York
www.promalvacations.com
#8
It seems like the owner credited her and not you if Amex said the owner refunded. Amex cannot do anything about that.

As far as the meals- was there a kitchen on site? Did you pay extra for the food? Was it included? If it’s not in your agreement, leave it out.

You need to prove to them that your room was not as described and in view of the fact that your friend received a refund and you did not does seem to be discriminatory- but again- it’s not the USA. But I would mention this to Amex. State you understand this was a foreign country but this reiterated how you were treated at the hotel.

I would reply to what they asked you for but also use our company contacts and escalate to Amex.

Surprisingly I don’t see company contacts (checking on my phone) for Amex on the credit card or banking contacts ( I could have sworn we had them) so complete this form:

https://www.elliott.org/research/
When they are posted, this is how to write:

https://forum.elliott.org/threads/resolving-consumer-complaints-and-developing-a-paper-trail.8903/
 
Jan 6, 2015
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#13
It occurs to me that this may be a simple mistake. You have stated that:

Your room was not as advertised but her room was as advertised​

That indicates to me that the wrong person was credited. Perhaps they refunded her when they meant to refund you. Unless there is information to indicate another reason for the refund, I suggest you investigate this possibility . . .
 
Nov 6, 2019
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#16
@VoR61 and @Christina H - I don’t know if I agree with this given the circumstances. The owner/merchant did not apologize for his behavior, expressed no remorse for his actions, did nothing to make us feel comfortable after the incident at check-in where we tried to reason with him and his response was that he will no longer speak to me (keep in mind, I left his presence in tears and he told my friend I was “faking it”). We were miserable the entire stay. And it was my friend’s birthday trip.
 
Nov 6, 2019
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#17
@VoR61 and @Christina H - in addition, this is my 5th time disputing this matter, has the merchant not had an opportunity at this point to correct the possibility of this ”error“? In the last claim, he told Amex I pre-paid and that isn’t true.