Too bad, No Refund for Dirty Smelly Room on Priceline

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afs

Apr 25, 2021
5
4
36
I am not certain if this is the appropriate forum to post issues with Priceline.

I purchased a reservation on priceline for the Porta Vista Hotel in San Diego, California for March 19, 2021 to March 22, 2021. When I arrived at the hotel the room was dirty, the water in the shower did not drain resulting in a puddle of water. The room I was reassigned when I notified the front desk staff had the same issues as the first room in addition to a strong odor of urine. When I tried to take a shower after a six hour flight, the water did not drain but gathered into a large puddle in the tub, which was still in the shower when I returned from drinks with friends two hours later. When I alerted the front desk they were not able to assure me that I would be assigned a room that was both clean and had a functioning shower. I notified them that I would be seeking other accommodations, and that I expected my credit card to be refunded. That same evening, I called priceline.com and alerted the customer service representative of the issue, and was merely told that they would contact the hotel management and get back to me. I called priceline.com every day, thereafter, but did not receive a response until March 29, more than one week later, through a simple text message that merely stated that I would not be receiving a refund without an explanation or any details upon which it made its decision.

On April 1 I sent four letters one to Jeremey Ellis the head of Priceline Customer Service, another to Frank Berumen the Senior Manager of Sales and Service Contact Center, another to the general priceline customer service email, and a final email to the email address for the general manager of the Porta Vista Hotel. I did not receive a response to any of my emails. On April 9, I sent a final email to the general manager at the porta vista hotel, and still did not receive a response. I have tweeted the issue on the hotel’s website, and received a response that I should email the general manager who would be more than happy to assist me. But both times that I received this response I replied that I had already contacted the general manager, and did not receive a response my reply.

I have tried any and everything to get a resolution to this situation, and I am exhausted. But, I believe that I took all of the right steps to ensure that I would not be stuck with a bill for a hotel room that I tried to resolve, but that priceline and the hotel could not fulfil their end of the bargain.
 

Alexander Pahany

Staff Member
Forum Moderator
Jan 6, 2021
644
2,103
Houston, TX
I'm fairly certain that Priceline does not guarantee the quality of the rooms you book through its service. Priceline is simply a reservation service--search their site, make a reservation, pay now for a slight discount or later at the hotel. How could they possibly be responsible for the quality of the thousands of hotels that are listed on their site?

It seems to me your beef is with the hotel, not Priceline.
 

Skippy

May 30, 2019
921
2,450
If you stayed at the hotel all 3 nights, then -- however lacking in quality it was -- you did receive lodging accommodations. Did you leave after one night as you asserted you would on March 19?
 
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weihlac

Verified Member
Jun 30, 2017
3,468
5,637
Maui Hawaii
Did you check online reviews of this hotel before booking? Tripadvisor and Yelp are full of reviews similar to your reported experience.

Priceline is not in a position to guarantee the quality of rooms rented on its site. Priceline does give this hotel a 6.4 overall rating and 6.9 for cleanliness which should give one pause before booking.

 

Comicman

Jul 13, 2020
1,008
2,090
I remember a few years ago a group of us reserved rooms with Priceline. Like you the hotel rooms were unacceptable. I did not even stay the 1st night and went to another hotel another in the group stayed. I was immediately able to get 3 out of 4 nights refunded ( all but 1st night) and when I showed them I booked a different hotel with Priceline for that same 1st night I got that night refunded too. My friend that stayed in the bad room and hotel received nothing back.
I will add that what was possible before Covid is a different story now. Priceline might very well eat some of these refunds in the name of good customer service. But in these pandemic times Priceline just does not have 2 cents to rub together, so this kind of good will refund I am sure is no longer possible.
I also always research any hotel before I book it. Even with the PriceBreaker Priceline deals I research all 3 hotels so no matter one I get I will be happy.
 

afs

Apr 25, 2021
5
4
36
If you stayed at the hotel all 3 nights, then -- however lacking in quality it was -- you did receive lodging accommodations. Did you leave after one night as you asserted you would on March 19?
I did not stay at the hotel a single night. I left the first evening.
 

afs

Apr 25, 2021
5
4
36
I'm fairly certain that Priceline does not guarantee the quality of the rooms you book through its service. Priceline is simply a reservation service--search their site, make a reservation, pay now for a slight discount or later at the hotel. How could they possibly be responsible for the quality of the thousands of hotels that are listed on their site?

It seems to me your beef is with the hotel, not Priceline.
I believe that Priceline acted as an agent of the hotel. Every interaction with the transaction was conducted with priceline. They suggested the hotel, I made the reservation through their system and I paid for the reservation through priceline. The only party with whom I've had any interaction at all about this transaction was priceline. While priceline may not guarantee room quality implied in every contract are certain duties that the parties are obligated to meet. One such duty is to provide a functioning product. A hotel room without a functioning shower does not meet that expectation. Further, implied in every contract is a duty of good faith and fair dealings. Providing a room that was unfit for use was not an exercise of good faith and certainly not treating me fairly.
 
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afs

Apr 25, 2021
5
4
36
Th
Did you check online reviews of this hotel before booking? Tripadvisor and Yelp are full of reviews similar to your reported experience.

Priceline is not in a position to guarantee the quality of rooms rented on its site. Priceline does give this hotel a 6.4 overall rating and 6.9 for cleanliness which should give one pause before booking.

Thank you
 

Neil Maley

Staff Member
Forum Moderator
Dec 27, 2014
26,133
29,491
New York
www.promalvacations.com
I believe that Priceline acted as an agent of the hotel. Every interaction with the transaction was conducted with priceline. They suggested the hotel, I made the reservation through their system and I paid for the reservation through priceline. The only party with whom I've had any interaction at all about this transaction was priceline. While priceline may not guarantee room quality implied in every contract are certain duties that the parties are obligated to meet. One such duty is to provide a functioning product. A hotel room without a functioning shower does not meet that expectation. Further, implied in every contract is a duty of good faith and fair dealings. Providing a room that was unfit for use was not an exercise of good faith and certainly not treating me fairly.
If you read Priceline’s terms and conditions, they state :
Disclaimer of Warranties
All content contained within or available through this Site are provided to you on an "as is," basis. Priceline makes no representations or warranties of any kind, either express or implied, as to the operation of this Site or the information, content or materials included on this Site. To the fullest extent permissible, Priceline disclaims all representations and warranties, including, but not limited to, the implied warranties of merchantability or satisfactory workmanlike effort, informational content, title, or non-infringement of the rights of third parties. Priceline does not warrant or make any representations that this Site will operate error-free or uninterrupted, that defects will be corrected, or that this Site and/or its servers will be free of viruses and/or other harmful components. Priceline does not warrant or make any representations regarding suitability, availability, accuracy, reliability, completeness, or timeliness of any material of any kind contained within this Site for any purpose, including software, products, services, information, text and related graphics content.

Without limiting the foregoing, no warranty or guarantee is made (i) regarding the acceptance of any request, (ii) that a user will receive the lowest available price for goods and/or services available through this Site, (iii) regarding the availability of products and/or services through this Site or, where applicable, at any participating retailer or retailer location, or (iv) regarding the results that may be obtained from the use of this Site.

Every seller of travel has this in their terms and conditions. Your issue is really with the hotel, not Priceline.
 

Alexander Pahany

Staff Member
Forum Moderator
Jan 6, 2021
644
2,103
Houston, TX
I believe that Priceline acted as an agent of the hotel. Every interaction with the transaction was conducted with priceline. They suggested the hotel, I made the reservation through their system and I paid for the reservation through priceline. The only party with whom I've had any interaction at all about this transaction was priceline. While priceline may not guarantee room quality implied in every contract are certain duties that the parties are obligated to meet. One such duty is to provide a functioning product. A hotel room without a functioning shower does not meet that expectation. Further, implied in every contract is a duty of good faith and fair dealings. Providing a room that was unfit for use was not an exercise of good faith and certainly not treating me fairly.
You would think, but also from their Terms & Conditions:


No Agency Relationship
Priceline.com does not agree to act as your agent or fiduciary in providing services through the Site.

 
Jun 24, 2019
1,092
2,423
73
Our OP raised the issue in Post 7 as to whether Priceline is the agent of the hotel.

Whether Priceline is the agent of the hotel or the agent of the traveler is a legal question beyond this site’s purview, as we do not provide legal advice. I’m just noting that there is an issue as to who Priceline represents.

I’m not unsympathetic with OP’s issue. I‘ve walked from unsatisfactory hotels, and I‘ve stayed as there was no practical alternative. Even if OP had booked through a national chain directly (where the booking agents are the agents of the chain, if not the location), the chain may simply refer claims back to the local franchisee. We have plenty of such instances here on this site, and I’ve had the experience.
 

Neil Maley

Staff Member
Forum Moderator
Dec 27, 2014
26,133
29,491
New York
www.promalvacations.com
Our OP raised the issue in Post 7 as to whether Priceline is the agent of the hotel.

Whether Priceline is the agent of the hotel or the agent of the traveler is a legal question beyond this site’s purview, as we do not provide legal advice. I’m just noting that there is an issue as to who Priceline represents.

I’m not unsympathetic with OP’s issue. I‘ve walked from unsatisfactory hotels, and I‘ve stayed as there was no practical alternative. Even if OP had booked through a national chain directly (where the booking agents are the agents of the chain, if not the location), the chain may simply refer claims back to the local franchisee. We have plenty of such instances here on this site, and I’ve had the experience.
If you delve into the full t and c you’ll find something in there saying they are not an agent of any supplier. Our agency terms and conditions have the same language. We aren’t responsible for the product.
 

jsn55

Verified Member
Dec 26, 2014
11,163
13,516
San Francisco
Priceline is the rock-bottom source for hotel bookings, and even lower than that for customer service. Theirs is a numbers business plan, lots and lots of bookings ... that's why they spend their money on national advertising. I would contact the hotel and ask for a refund. Based on the reviews, your experience sounds like par for the course. I'm sorry this happened ...always best to book travel directly with the hotel or airline.
 
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Skippy

May 30, 2019
921
2,450
I believe that Priceline acted as an agent of the hotel. Every interaction with the transaction was conducted with priceline. They suggested the hotel, I made the reservation through their system and I paid for the reservation through priceline. The only party with whom I've had any interaction at all about this transaction was priceline. While priceline may not guarantee room quality implied in every contract are certain duties that the parties are obligated to meet. One such duty is to provide a functioning product. A hotel room without a functioning shower does not meet that expectation. Further, implied in every contract is a duty of good faith and fair dealings. Providing a room that was unfit for use was not an exercise of good faith and certainly not treating me fairly.
Beliefs about implied contracts don't get refunds - sorry.

Based on your Post #1, it appears that priceline did what is generally expected of the OTA -- attempt to advocate on your behalf. Other people have correctly posted why Priceline will not refund your money on it's own, so I won't reiterate that.


IMHO, your next steps for self-advocacy are:

First, pursue a refund request directly with the hotel on the basis of lack of quality rooms and not staying one night. Send an email politely and factually explaining what happened; that you could not stay the night due to the issues with the room; and therefore should receive a refund. Wait 7 days for a reply.

After attempting that route, you can dispute the charge on your credit card. Claim that did not receive a service from the hotel because you did not stay they night due to quality issues. When you file the dispute, you can include the email to the hotel as part of your documentation. If you took pictures of the clogged shower, you can note the availability of those.

If you are planning to shame the hotel, wait. First give the hotel the opportunity to refund you. Do not post anything on social media about your sub-quality stay until after the later of receipt of a refund or filing of the dispute with your credit card.
 

afs

Apr 25, 2021
5
4
36

If you read Priceline’s terms and conditions, they state :
Disclaimer of Warranties
All content contained within or available through this Site are provided to you on an "as is," basis. Priceline makes no representations or warranties of any kind, either express or implied, as to the operation of this Site or the information, content or materials included on this Site. To the fullest extent permissible, Priceline disclaims all representations and warranties, including, but not limited to, the implied warranties of merchantability or satisfactory workmanlike effort, informational content, title, or non-infringement of the rights of third parties. Priceline does not warrant or make any representations that this Site will operate error-free or uninterrupted, that defects will be corrected, or that this Site and/or its servers will be free of viruses and/or other harmful components. Priceline does not warrant or make any representations regarding suitability, availability, accuracy, reliability, completeness, or timeliness of any material of any kind contained within this Site for any purpose, including software, products, services, information, text and related graphics content.

Without limiting the foregoing, no warranty or guarantee is made (i) regarding the acceptance of any request, (ii) that a user will receive the lowest available price for goods and/or services available through this Site, (iii) regarding the availability of products and/or services through this Site or, where applicable, at any participating retailer or retailer location, or (iv) regarding the results that may be obtained from the use of this Site.

Every seller of travel has this in their terms and conditions. Your issue is really with the hotel, not Priceline.
One cannot contract themselves out of the implied duty of good faith and fair dealings. It is always implied in a contract. Further, there are ot
If you read Priceline’s terms and conditions, they state :
Disclaimer of Warranties
All content contained within or available through this Site are provided to you on an "as is," basis. Priceline makes no representations or warranties of any kind, either express or implied, as to the operation of this Site or the information, content or materials included on this Site. To the fullest extent permissible, Priceline disclaims all representations and warranties, including, but not limited to, the implied warranties of merchantability or satisfactory workmanlike effort, informational content, title, or non-infringement of the rights of third parties. Priceline does not warrant or make any representations that this Site will operate error-free or uninterrupted, that defects will be corrected, or that this Site and/or its servers will be free of viruses and/or other harmful components. Priceline does not warrant or make any representations regarding suitability, availability, accuracy, reliability, completeness, or timeliness of any material of any kind contained within this Site for any purpose, including software, products, services, information, text and related graphics content.

Without limiting the foregoing, no warranty or guarantee is made (i) regarding the acceptance of any request, (ii) that a user will receive the lowest available price for goods and/or services available through this Site, (iii) regarding the availability of products and/or services through this Site or, where applicable, at any participating retailer or retailer location, or (iv) regarding the results that may be obtained from the use of this Site.

Every seller of travel has this in their terms and conditions. Your issue is really with the hotel, not Priceline.
Just because a merchant includes a disclaimer that no express or implied warranties are made does not mean that there are in fact no express warranties being made. An express warranty is created whenever a merchant affirms that the product will perform in a certain manner. Formal words such as “warrant” or “guarantee” are not necessary. This is true even when a merchant states that no express or implied warranties are being made. This is because terms of a contract are construed to not be inconsistent with itself. Thus, when a merchant describes an object it will be construed as creating an express warranty that the object will be as described. Any disclaimer of all express or implied warranties will be read as not to be inconsistent with this.

Though the issue is with the hotel because priceline accepted and processed the payment any refund would have to come from priceline. The hotel does not have a payment that it can reverse. Nevertheless, the issue now is moot because priceline has now refunded me the money. Thanks everyone for your assistance and advice on the matter.