Capital One and Code 13.3

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Feb 15, 2019
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#1
I rented a condo for a vacation in Mexico. It was required that it be prepaid. When I arrived, the air did not work. I agreed to wait until Monday for a repairman. During the course of the 10 day vacation, there were many things that went wrong. No compensation was offered, so while there, I called Capital One for advice. They told me that if I opted to not vacate and find other accommodations, I would weaken my case for a dispute. If opted to stay, I should document everything, take pictures, and file a dispute upon my return home. I stayed.
Once home, I called Capital One to file a dispute for some compensation. The agent, upon hearing my complaints, advised me to file not just for some compensation, but for a complete refund. She took all the info, including the fact that I remained in the condo, and tried to resolve the problems. She then explained that the claim would be sent to the merchant, who then had a right to respond.
I was then assigned a case number, and an agent to handle it. He called me and explained that once the merchant replied, I would have the right to respond.
The merchant did reply, and Capital One sent me a copy of it. At the very end of this letter was a paragraph from Capital One stating that due to their policy of Code 13.3, which states that it is mandatory to vacate the property, my dispute was invalid, and that they considered the case to be closed.
I talked to 3 different agents from Capital One, on 3 different occasions, and nothing was mentioned of this Code 13.3.
Has anyone else experience this, and is their any recourse?
 
Sep 19, 2015
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#2
Code 13.3 is a section in the merchant agreeement for “not as described or defective merchandise”.

How did you rent the condo? Was it through a service?

What attempts did you make to address the problems with the owner manager?

It is a bit of a stretch to stay there the entire time and request a full refund. Did the AC ever get fixed? What are the other complaints?
 
Feb 15, 2019
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#3
Code 13.3 is a section in the merchant agreeement for “not as described or defective merchandise”.

How did you rent the condo? Was it through a service?

What attempts did you make to address the problems with the owner manager?

It is a bit of a stretch to stay there the entire time and request a full refund. Did the AC ever get fixed? What are the other complaints?
I rented the condo through Mayan Riviera properties. It was a management company for the owner of the condo. The owner of this agency lives mpst of the year in the U.S. and her manager is on site.
 
Feb 15, 2019
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#4
I rented the condo on line, through Mayan Riviera Properties. It is a management company for the owner of the condo. The owner of the agency is a woman who lives most of the year in the U.S. She has an on site manager with whom I dealt.
I booked 10 days, however, in reality it was 8. Even though I paid the full price for the 1st day, I was not allowed into the condo before 4 P.M., and on the last day for which I paid full price, I had to leave by 10:00 A.M.
I arrived on Sat. the air did not work, and I agreed to wait until Mon. for a repairman. As required in the contract, I inspected the condo, and reported what I felt was not okay. The guest bathroom toilet would not flush, and sewer smells were emanating from the drain in the shower. The kitchen was alive with ants. The water in the container on the counter was foul. The cabinets and refrigerator were filled with 1/2 eaten containers of food. The curtains in the master bedroom would not open, due to the fact that they were on a wooden rod that had swollen to the point that the curtains would no longer slide on them, and I could not open them.
On Mon. I found a note taped to the door from the agency informing me that the condo was for sale and that a real estate agent would be coming through with prospective buyers the next day. Because the contract stated that I would be held responsible for and damage, loss or theft caused by me or anyone else in the condo, I felt compelled to be present when people other than myself had access to the condo. So, on Monday I waited for a repairman to fix the air. He arrived at noon and left to get parts. He did not come back until 5.
On Tues. I canceled a tour I had planned, and waited for the real estate agent to come through. I then asked the rental manager if I would receive any compensation for the loss of vacation time, and he said no. The contract is clear about them not providing compensation or refunds for any early departure, cancelation, or failure on their part to provide amenities.
I then called Capital One and was told that my case would be stronger if I left and found other accommodations. If I opted to stay, I should document everything, and take pictures. I did.
Wed. I decided to do a load of wash, only to discover that the dryer did not work. I called the manager and he said he would send a repairman. I waited and when no repairman showed up by 4 P.M. I call again and was told the office was closed and that someone would be there the next day.
Thurs. A repairman came, took the dryer apart, left the drum on the kitchen floor, and went to get parts. he did not return that day.
Fri. I waited and no repairman. Around 3:30 I went into the laundry room to get the wet towels and hang them outside. There was a strong smell of gas. I thought perhaps a gas line had been disturbed, so I immediately left and went to the rental office. I was told that there was nothing wrong, and I should go back. I am not sure how the receptionist at the office knew this, but I refuse to leave until someone checked it out. Two men showed up and went to check. After about a 1/2 hour they said everything was okay.
Later, the rental manager came over, and I asked that we be put up in a hotel. He refused, but did offer us the use of a 3rd floor unit. That was not a good option for me as I have very bad knees, and no depth perception due to recent eye surgery, but with no other choice, I agreed to try. That night I tried to contact the actual owner of the agency through Facebook, hoping that she might okay a hotel for the last few days. I sent her a friend request, and a private message. Both went unanswered.
Sat. all those stairs proved to be too much, and the smell on the first floor had gone, so I stayed the last day downstairs. No repairman ever came.
The dryer was still in parts on the kitchen floor.
Sun. We left the keys on the counter as instructed in the contract, and left by 9:30 A.M. The dryer was still on the kitchen floor.
 
Feb 15, 2019
5
0
1
68
#5
I rented the condo on line, through Mayan Riviera Properties. It is a management company for the owner of the condo. The owner of the agency is a woman who lives most of the year in the U.S. She has an on site manager with whom I dealt.
I booked 10 days, however, in reality it was 8. Even though I paid the full price for the 1st day, I was not allowed into the condo before 4 P.M., and on the last day for which I paid full price, I had to leave by 10:00 A.M.
I arrived on Sat. the air did not work, and I agreed to wait until Mon. for a repairman. As required in the contract, I inspected the condo, and reported what I felt was not okay. The guest bathroom toilet would not flush, and sewer smells were emanating from the drain in the shower. The kitchen was alive with ants. The water in the container on the counter was foul. The cabinets and refrigerator were filled with 1/2 eaten containers of food. The curtains in the master bedroom would not open, due to the fact that they were on a wooden rod that had swollen to the point that the curtains would no longer slide on them, and I could not open them.
On Mon. I found a note taped to the door from the agency informing me that the condo was for sale and that a real estate agent would be coming through with prospective buyers the next day. Because the contract stated that I would be held responsible for and damage, loss or theft caused by me or anyone else in the condo, I felt compelled to be present when people other than myself had access to the condo. So, on Monday I waited for a repairman to fix the air. He arrived at noon and left to get parts. He did not come back until 5.
On Tues. I canceled a tour I had planned, and waited for the real estate agent to come through. I then asked the rental manager if I would receive any compensation for the loss of vacation time, and he said no. The contract is clear about them not providing compensation or refunds for any early departure, cancelation, or failure on their part to provide amenities.
I then called Capital One and was told that my case would be stronger if I left and found other accommodations. If I opted to stay, I should document everything, and take pictures. I did.
Wed. I decided to do a load of wash, only to discover that the dryer did not work. I called the manager and he said he would send a repairman. I waited and when no repairman showed up by 4 P.M. I call again and was told the office was closed and that someone would be there the next day.
Thurs. A repairman came, took the dryer apart, left the drum on the kitchen floor, and went to get parts. he did not return that day.
Fri. I waited and no repairman. Around 3:30 I went into the laundry room to get the wet towels and hang them outside. There was a strong smell of gas. I thought perhaps a gas line had been disturbed, so I immediately left and went to the rental office. I was told that there was nothing wrong, and I should go back. I am not sure how the receptionist at the office knew this, but I refuse to leave until someone checked it out. Two men showed up and went to check. After about a 1/2 hour they said everything was okay.
Later, the rental manager came over, and I asked that we be put up in a hotel. He refused, but did offer us the use of a 3rd floor unit. That was not a good option for me as I have very bad knees, and no depth perception due to recent eye surgery, but with no other choice, I agreed to try. That night I tried to contact the actual owner of the agency through Facebook, hoping that she might okay a hotel for the last few days. I sent her a friend request, and a private message. Both went unanswered.
Sat. all those stairs proved to be too much, and the smell on the first floor had gone, so I stayed the last day downstairs. No repairman ever came.
The dryer was still in parts on the kitchen floor.
Sun. We left the keys on the counter as instructed in the contract, and left by 9:30 A.M. The dryer was still on the kitchen floor.
I think it should be noted here, that I did not ask for a total refund. When I returned home, unaware of Code 13.3, I contacted Capital One, and they advised me to put in a claim for the whole amount.
 
Sep 19, 2015
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#6
Accomodation rates are always by the night -- and that is now one pays. Arrive on Feb 18 and leave Feb 19 often gives one less than 24 hours -- because check in is usually afternoon and check out is before noon -- The question is how many nights were paid.

I have no idea what contract you signed but on the website the generic contract reads as follows:

"Utilities, services, and amenities that are available in the Unit are maintained regularly and kept in good
repair. Agent will facilitate the repair of equipment or restoration of services, however, lapses in services
or equipment do not warrant any refund of rent".

I honestly would not sign such a contract -- but that contract and staying the entire time may be why you lost the chargeback.

Code 13.3 is just the code VISA gives to the merchant for the type of chargeback. the company likely showed the contract and said that you stayed and waived your complaints -- and that was all it took for them to win the dispute.

Here is a statement from Consumer Reports on reasons why people lose chargebacks:

TRYING TO CHARGEBACK A DIRTY HOTEL ROOM AFTER YOU STAYED IN IT
If you go to a hotel and the room is filthy, leave within 20 minutes and get proof of your checkout, if possible. If you stay the night, you accept the room.
 
Likes: Neil Maley

AMA

Verified Member
Dec 11, 2014
1,037
1,290
113
#7
Capital One really shouldn't have given you advice about whether you should stay or leave. What does your contract with Mayan Riveria say, exactly? What is the description of the property which you rented? I'm not finding any complaints about the property management company. Have you tried, in writing, to ask for a partial refund, instead of starting a dispute with your credit card?

https://www.mayanrivieraproperties.com/
 

jsn55

Verified Member
Dec 26, 2014
7,689
7,497
113
San Francisco
#8
What an awful experience. Unfortunately, these kinds of issues happen all the time with a vacation rental. I remember a condo in Maui where the owner asked me to purchase and install a new router for the internet! It's a shame that everything was such a mess, but I'm not sure why you asked advice from your credit card company on what to do with a sub-standard vacation rental. Those people know nothing about vacation rentals or agreements ... obviously, because they gave you bad advice.

You had a place to sleep every night of your stay, you didn't leave. The management company should have taken care of the RE tour and the repairs, you didn't need to supervise. I don't see how you can get any refund in this situation. But we see miracles every day, so write a polite, concise email to the management company and ask for some compensation.

I've rented apartments and condos in the past, but working on this forum has shown me that a) I've been very lucky and b) vacation rentals are not for me, especially if travelling with my husband who has no patience or flexibility whatsoever. Things go wrong in hotels, but the waiting for a fix is measured in hours, not days.
 
Feb 15, 2019
5
0
1
68
#9
Accomodation rates are always by the night -- and that is now one pays. Arrive on Feb 18 and leave Feb 19 often gives one less than 24 hours -- because check in is usually afternoon and check out is before noon -- The question is how many nights were paid.

I have no idea what contract you signed but on the website the generic contract reads as follows:

"Utilities, services, and amenities that are available in the Unit are maintained regularly and kept in good
repair. Agent will facilitate the repair of equipment or restoration of services, however, lapses in services
or equipment do not warrant any refund of rent".

I honestly would not sign such a contract -- but that contract and staying the entire time may be why you lost the chargeback.

Code 13.3 is just the code VISA gives to the merchant for the type of chargeback. the company likely showed the contract and said that you stayed and waived your complaints -- and that was all it took for them to win the dispute.

Here is a statement from Consumer Reports on reasons why people lose chargebacks:

TRYING TO CHARGEBACK A DIRTY HOTEL ROOM AFTER YOU STAYED IN IT
If you go to a hotel and the room is filthy, leave within 20 minutes and get proof of your checkout, if possible. If you stay the night, you accept the room.
Accomodation rates are always by the night -- and that is now one pays. Arrive on Feb 18 and leave Feb 19 often gives one less than 24 hours -- because check in is usually afternoon and check out is before noon -- The question is how many nights were paid.

I have no idea what contract you signed but on the website the generic contract reads as follows:

"Utilities, services, and amenities that are available in the Unit are maintained regularly and kept in good
repair. Agent will facilitate the repair of equipment or restoration of services, however, lapses in services
or equipment do not warrant any refund of rent".

I honestly would not sign such a contract -- but that contract and staying the entire time may be why you lost the chargeback.

Code 13.3 is just the code VISA gives to the merchant for the type of chargeback. the company likely showed the contract and said that you stayed and waived your complaints -- and that was all it took for them to win the dispute.

Here is a statement from Consumer Reports on reasons why people lose chargebacks:

TRYING TO CHARGEBACK A DIRTY HOTEL ROOM AFTER YOU STAYED IN IT
If you go to a hotel and the room is filthy, leave within 20 minutes and get proof of your checkout, if possible. If you stay the night, you accept the room.
I think my question is getting lost in all the info about what went wrong. I understand why the merchant does not want to offer me anything. But what I what to know is if Capital One can be held accountable for not giving me the proper advice when I called from Mexico, and encouraging me to file a dispute when I arrived home, and again when I was given a case number and manager. If Capital One had in fact informed me of Code 13.3, when I called, from the condo, I would have left attempted to find other accommodations.
Capital One really shouldn't have given you advice about whether you should stay or leave. What does your contract with Mayan Riveria say, exactly? What is the description of the property which you rented? I'm not finding any complaints about the property management company. Have you tried, in writing, to ask for a partial refund, instead of starting a dispute with your credit card?

https://www.mayanrivieraproperties.com/
 
Sep 19, 2015
3,834
5,038
113
48
#10
I think my question is getting lost in all the info about what went wrong. I understand why the merchant does not want to offer me anything. But what I what to know is if Capital One can be held accountable for not giving me the proper advice when I called from Mexico, and encouraging me to file a dispute when I arrived home, and again when I was given a case number and manager. If Capital One had in fact informed me of Code 13.3, when I called, from the condo, I would have left attempted to find other accommodations.
Did you call Capitol one on the first day? You admit they told you that the case would be stronger if you left but you decided to stay