Originally Posted by
Cielito_
That may be, I'm not a lawyer. Nevertheless, I find it legally tricky to reduce the guaranteed upgrade - an essential part of the contract - with a mere reference to the terms and conditions. For me that is only an upgrade depending on availability on the day of arrival.
At least I was refunded the difference to the lower room category anyway and if even the standard room made no upgrade possible, I went somewhere else and had my money back on the account within a few weeks after calling the bank.
50 USD F&B credit for the whole stay for a guaranteed (double) upgrade... The specific hotel did not even bother to contradict the claim.
You might not like it, a contract however is a contract.
I agree that serveral properties go the extra mile and agree to other benefits in case they csnnot deliver an upgrade. My about 90 nights this year, however, I only was confronted with that once as a property wanted to upgade me from my ocean facing room to a parking lot facing suite and I made very clear that I would not consider this as an upgrade. I kept my room for one night booked and got 10000 points, fully amicable,
By the law and by the book, you get 10000 points or 50 USD if the guarantee is not met. Your approach to call money back via the credit card issuer however, is certainly not legal, is a breach of contract from your end and the credit card issuer could well understand it as fraud from your end. You agreed to the rules, the rules were followed, no entitlement.