Attempted to cancel non-refundable non-cancelable reservation through Hertz

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Jul 24, 2019
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#1
A Hertz car rental was made through Priceline. It was not needed, so I reached out to attempt to cancel. They said they couldn't. I thought this was due to the agreement they may with Hertz. So, instead, I contacted Hertz on Facebook. I asked them if it was possible to cancel and get a refund. They told me they would look into it. I reiterated two more times that I only wanted the reservation cancelled if I could be refunded. They went ahead and cancelled it ignoring my constraint about the refund.

Contacted Priceline about it, and they only respond with "It's confirmed in our system" and to just go up with the itinerary number (and call them if there is any issue- which there would be because it was cancelled). Priceline refused to help reinstate the rental or check with Hertz at all. Contacted Hertz several more times, just to be certain that the reservation was indeed cancelled due to the discrepancy in Priceline's system. It was. Now, I have a charge on my card for $247 for a service that was cancelled and I won't be receiving. Nobody on either side of the customer service teams are helping.

Is disputing the charge on my credit card a reasonable course of action, or am I just out the money.
 
Jul 24, 2019
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On the phone Hertz told me to wait for the refund as it takes several days, but simultaneously told me they couldn't do anything on their end. And obviously, I don't trust a refund is going to happen if Hertz has no control over the situation.
 

Neil Maley

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Dec 27, 2014
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#3
Was your reservation nonrefundable? Nonrefundable is just that- nonrefundable. It doesn’t matter if it’s a car rental, airline ticket, or hotel- if you choose that rate - it’s not refundable if you have to cancel. I’m not sure what prices have to do with anything- nothing matters except that you contracted with Priceline to book a nonrefundable reservation and it was canceled as far as Priceline is concerned.

You made a terrible mistake going directly to Hertz- you never contracted with Hertz directly, you contracted with Priceline. Your dealings should have been with Priceline.

You might not win a credit card dispute if you try- Priceline will show you chose that rate and canceled and your credit card company will side with them. Priceline was not the one that canceled the reservation, Hertz was.

Do you have screen prints from the conversation with Hertz telling turn not to cancel it? If you have the entire conversation in writing showing you didn’t tell them to cancel it you should appeal to them for a refund. Those screen prints might be what saves you. You could call your credit card company and ask for their guidance but they should be a very last resort because you did not book with Hertz directly and your dispute would most likely be lost.

We have company contacts on top of our page. Get the contacts for Hertz and use this thread to appeal to them for a refund.

Write to them exactly as this thread states:
https://forum.elliott.org/threads/resolving-consumer-complaints-and-developing-a-paper-trail.8903/
 
Likes: Tanya

weihlac

Verified Member
Jun 30, 2017
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Maui Hawaii
#4
If you made a "non-refundable non-cancelable reservation", it is actually cancelable. However, you will not receive a refund if you cancel. The "non-refundable" is a firm part of the reservation contract that should have been readily apparent when you booked and on your confirmation email. You booked with Priceline and presumably paid Priceline up-front. Hertz is happy to cancel your reservation but your money is with Priceline. You can appeal to them, but they have no reason to refund your money.
https://www.elliott.org/company-contacts/priceline/
 
May 1, 2018
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#5
The FCBA settlement procedures apply only to disputes about "billing errors." For example:

  • unauthorized charges. Federal law limits your responsibility for unauthorized charges to $50;
  • charges that list the wrong date or amount;
  • charges for goods and services you didn't accept or that weren't delivered as agreed;
  • math errors;
  • failure to post payments and other credits, like returns;
  • failure to send bills to your current address — assuming the creditor has your change of address, in writing, at least 20 days before the billing period ends; and
  • charges for which you ask for an explanation or written proof of purchase, along with a claimed error or request for clarification.
Source

I don't believe your situation fits any of the above criteria. You would have to lie to your credit card company (read: commit fraud) in order for the above to apply. Furthermore, credit card processors are not civil courts and therefore 'winning' a chargeback does not mean you stop owing the money, it just means you decided not to pay with your credit card after the fact. Priceline can still send you to collections or sue you in order to recover the money. Overall, I do not recommend filing a fraudulent chargeback since the risks outweigh the rewards.
 
Sep 27, 2017
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#6
Source

I don't believe your situation fits any of the above criteria. You would have to lie to your credit card company (read: commit fraud) in order for the above to apply. Furthermore, credit card processors are not civil courts and therefore 'winning' a chargeback does not mean you stop owing the money, it just means you decided not to pay with your credit card after the fact. Priceline can still send you to collections or sue you in order to recover the money. Overall, I do not recommend filing a fraudulent chargeback since the risks outweigh the rewards.
I'm sure this situation would go with bullet point #3-- Charges and goods not accepted. By cancelling prior to the service date, our letter writer is NOT accepting the service. It is NOT fraud.
 

Neil Maley

Moderator
Staff Member
Advocate
Dec 27, 2014
20,130
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New York
www.promalvacations.com
#7
I'm sure this situation would go with bullet point #3-- Charges and goods not accepted. By cancelling prior to the service date, our letter writer is NOT accepting the service. It is NOT fraud.
I am sure that is incorrect. OP contracted with Priceline for a nonrefundable rate. That is what they will likely go by - she had a contract with Priceline, not Hertz. He or she willingly entered into a nonrefundable contract.
 
May 1, 2018
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#8
I'm sure this situation would go with bullet point #3-- Charges and goods not accepted. By cancelling prior to the service date, our letter writer is NOT accepting the service. It is NOT fraud.
It doesn't work like that. The OP did accept the charge at the time when the transaction took place. Canceling the rental car at a later date has no bearing on the acceptance of the original charge. The OP simply changed his mind about needing the rental car. The credit card chargeback system is not a solution for buyer's remorse. Claiming that he never accepted the charge would indeed be fraud.

If the credit card chargeback process operated in the manner you describe, a loophole would exist where anyone with a non-refundable flight/car/hotel could simply file a chargeback and claim they are discontinuing their acceptance of the service in order to get a refund. If you spend any time reading Elliott.org, you'll know that this 'loophole' is nonexistent.
 
Sep 19, 2015
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#9
I'm sure this situation would go with bullet point #3-- Charges and goods not accepted. By cancelling prior to the service date, our letter writer is NOT accepting the service. It is NOT fraud.
That interpretation is beyond a real stretch and is not true— not accepted means one did not agree to buy it in the first place — as in a company sends something unwanted and bills anyway

There is a reason that people loose chargebacks on cancelling non changeable non returnable goods or services is that buyer’s remorse or change of plans does not qualify.

This forum does not recommend “friendly fraud” as an option
 

jsn55

Verified Member
Dec 26, 2014
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San Francisco
#10
Your issue may be one of semantics. If you book a non-ref rental car res, of course you can cancel it. But there will be no refund. This is a simple issue and I hope you understand what has happened. You have no grounds to dispute the charge, and your CC issuer may cancel your card for making a fraudulent dispute. This could negatively affect your credit report. I'm glad you came to us for advice.