Consumer complaint received 2019-01-15
Company: CAPITAL ONE FINANCIAL CORPORATION
State: FL
Product: Credit card or prepaid card
Sub-product: General-purpose credit card or charge card
Issue: Problem with a purchase shown on your statement
Sub-issue: Credit card company isn't resolving a dispute about a purchase on your statement

Complaint:
Transaction Date : Posted Date : Description : Amount : XX/XX/2018 XX/XX/2018 XXXX {$1000.00} XXXX On XX/XX/2018, I XXXX XXXX , made a reservation via the XXXX- XXXX  XXXX XXXX XXXX website for a stay from XX/XX/2018, through XX/XX/2018. Note : Apparently they are affiliated with XXXX in which is what reflects on my credit card statement. I never agreed for my personal information including my credit card account number to be shared with XXXX. I was under the impression that all my information was only going to be shared with XXXX. 

Original reservation was for a condominium privately owned located at : XXXX XXXX XXXX XXXX, XXXX  XXXX  XXXX, XXXX XXXX, FL. XXXX, with a living area square footage of 1,282. 
|Refer to Exhibit # 1 | On XX/XX/2018, two days prior to checking in for my intended reservation, the owner of the condominium XXXX XXXX , notified me via email that she was moving me to another condominium that she owned due to a slight possibility that the swimming pool at original condominium reserved might be closed during the week of our stay. XXXX Refer to Exhibit # 2 | Reservation was moved to : XXXX XXXX XXXX XXXX, XXXX XXXX  XXXX, XXXX XXXX, FL. XXXX, 0.6 miles away, with a living area square footage of 960 | Refer to Exhibit # 3 | XXXX XXXX XXXX Appraisers Office. Living space record of original condominium reserved and living space of condominium moved to. The condominium moved to was 322 square feet smaller than original reservation| Exhibit # 4.0 and 4.1 | On XX/XX/2018, I replied to Mrs. XXXX email making her aware that it concerns me that the condominium in which she moved me to was smaller than the original condominium on my reservation. Note : Two days before the check-in date was extremely short notice and unacceptable. I kind of accepted the last minute change due to the fact that with only two days prior to checking in, it was going to be a challenge to find another property where to stay with my family. |Refer to Exhibit # 5.0 and 5.1 | The distance between original condominium reserved and condominium moved to was 0.6 miles according to XXXX driving directions. 

On XX/XX/2018, at approximately XXXX XXXX, I made several attempts to reach Mrs. XXXX via her cellular number of record. However, I was not able to reach her. 

On XX/XX/2018, at XXXX XXXX, I sent Mrs. XXXX an email making her aware of my dissatisfaction with the size of the condominium that she had moved my family and I to. I even requested for Mrs. XXXX to rent me another unit at the same location in order to avoid having to move to another location. The unit could of being a bit bigger or just simply another condominium for a total of 2-units in order to feel comfortable during our 7-night stay. On the same email, I also discussed with her another matter that was brought up to her attention by XXXX XXXX from the management office | Refer to Exhibit # XXXX | On XX/XX/2018, at approximately XXXX XXXX, Mrs. XXXX showed up at the condominiun unannounced while my wife was alone inside the condominiums exterior lanai with the sliding glass door closed and was unable to hear Mrs. XXXX knocking on the door. Mrs. XXXX allowed herself inside the condominium without any justifiable reason. Again my wife was the only person inside the condominium while Mrs. XXXX was knocking on the door. My wife was extremely frightened by Mrs. XXXX unannounced presence inside the condominium since she was a total stranger as far as she knew. As of the date of this letter, my wife still remembers Mrs. XXXX actions and continues to have nightmares as she did the same night when she went to bed a few hours after Mrs. XXXX left the condominium. Mrs. XXXX actions were extremely unacceptable and constitute an unethical business practice. Not only that, but she also acted reckless and could have caused a deadly situation since we always travel with firearms for our protection. 

When I made Mrs. XXXX aware that my wife didnt like the fact that she just allowed herself inside the condominium unexpectedly. Mrs. XXXX stated that she had knocked on the door several times and didnt get an answer. So, therefore, she let herself inside. | Refer to Exhibit # 7| Mrs. XXXX response. | Refer to Exhibit # 8| Once Mrs. XXXX made contact with my wife inside the condominium, she told her that she was there to discuss a situation that was brought up to her attention by XXXX XXXX from the management office at approximately XXXX XXXX. In which was the time when the second part of the party arrived at the property. She then informed my wife that she needed to speak with me and for her to please reach out to me. I was only downstairs in the beach area speaking with other guests that were there looking at dead fish by the seashore. In which we later learned the reason for the dead fish. So, therefore, I immediately went upstairs and spoke with Mrs. XXXX. She stated that the management office informed her that there were a total of 7-guest in our party and that we had previously agreed to only 6-guest in the party when I made the reservation. I again, informed Mrs. XXXX that I had already discussed and cleared the issue with the management office as I stated on my earlier email to her. Mrs. XXXX also stated again just like in an earlier email that the management office informed her that our party had to split and offered for me to rent another room/condominium for a week at a different property. |Refer to Exhibit # 6| I informed her again that my nephew was only visiting and that he would return back to my sisters rental unit soon. She then informed me that she will allow my nephew to stay one night and that she was going to send me an email shortly and requested for me to please reply back stating that my nephew would only be visiting. In which I immediately replied to her email. 
Mrs. XXXX then stated that the management office has previously called law enforcement officials in order to remove previous guests from the condominium because they had more than 6-guest in their party. In which is not allowed per contract and per fire department ordinance. She also stated that every time she sees a local number like my number on a reservation request, it raises a red flag to her because theyve had issues in the past with locals. In which to me thats considered discrimination and unacceptable. 

For the record, the situation was as follows : Mr. XXXX XXXX is a member of the condominiums management office. He brought to my attention that only 6-guests were allowed during my stay per fire department ordinance. Mr. XXXX made me aware of the fire department ordinance due to the fact that he saw my cousin arriving with my XXXX-years old nephew and was under the impression that he was part of my party. I explained to Mr. XXXX that my cousin, his wife and their son were only part of my party. And made him aware that my nephew was just going to visit for a little bit and then return back to where my sister was staying in XXXX XXXX. In which wasnt very far from where I was staying. Mr. XXXX agreed that my nephew was allowed to visit. However, he still informed Mrs. XXXX that our party was a total of 7- guests. As previously discussed on this document, Mrs. XXXX waited until after XXXX XXXX  to further discuss the issue in person even after she confirmed receiving my reply email. And again, she showed up at the condominium unannounced and allowed herself inside the condominium without any legitimate reason. 

Mrs. XXXX failed to address the issue regarding my dissatisfaction with the condominium via an email reply to my email sent to her on XX/XX/2018, at XXXX XXXX, or when she showed up at the condominium at approximately XXXX XXXX, on XX/XX/2018. So, therefore, I sent Mrs. XXXX another email on XX/XX/2018, at XXXX XXXX, expressing again my dissatisfaction with the condominium. |Refer to Exhibit # 9| On XX/XX/2018, at approximately XXXX XXXX, Mrs. XXXX sent me a message via the XXXX message portal stating that the pool at the location where the original reservation was made was available for the rest of my stay. I responded to Mrs. XXXX stating that I have decided to stay at the condominium where she moved us to due to the fact that we had to pack and then unpack again clothes for 6 guests in which consisted of clothes for 7-nights. And also pack and then unpack groceries that we had already bought for a 7-night stay. I always agreed in moving to a larger unit or renting another unit where we were moved to. Not packing and unpacking half a mile away. 

XX/XX/2018 - Maintenance Requested as Follows : Small bedroom bathtub Doesnt drain properly while taking a bath. 
Bedroom with twin beds - Top door hinge coming off the door frame. Difficult to open and close. 
Kitchen Stove - Left front burner doesn't work. 
Lanai - Sliding door difficult to open. Right panel. 
Hallway by front door - Needs to be cleaned / moped. 

And made a special request : Please inform me when the maintenance staff is coming so that our privacy is not invaded as the incident on XX/XX/2018. '' |Refer to Exhibit # 10| The door hinge and the kitchen stove issue were resolved on XX/XX/2018. However, the maintenance staff failed to give me a heads up prior to entering the condominium per my request. My cousin was sleeping inside the master bedroom when the maintenance staff entered the condominium. He stated that he didnt hear anyone knocking on the door. 

XX/XX/2018 Checked-out -The issue with the small bedroom bathtub, the lanais sliding door glass issue or the cleaning issue by the front door wasnt resolved. The maintenance staff reported that he changed the wheels of the sliding door glass and adjusted them to the best he can. However, there were no signs of the wheels being replaced. He just simply placed the sliding door glass back on the tracks and prayed for the best in which his quick fix didnt last very long. 

To make matters worse. Mrs. XXXX knew that XXXX County already had the presence of the well-known deadly and toxic Red Tide algal bloom. During our entire stay, we were not able to enjoy the beach area due to hundreds of dead fish laying on the shore and the foul smell in the air of dead fish. We also had very limited use of the condominiums pool area due to the foul smell in the air of dead fish coming from the shore area. 

During the very limited amount of time, my family and I were at the beach and pool area, we experienced symptoms of irritated throat accompanied by a burning sensation. And also sneezing and tearing. In which are symptoms caused to humans when they breathe the toxics of the red tide. Other guests were also experiencing very similar symptoms, The condominiums pool rules are that only 16-guests are allowed at a time due to its capacity. So we were extremely limited on the use of the pool too. 

Mrs. XXXX failed to disclose to me the Red Tide conditions on the beach and the hazard to human health in which placed my familys and I health at risk. 

My family had to be seen by their primary care physicians due to ongoing symptoms of being exposed to the toxics produced by the Red Tide. In which they have paid for office visit co-pays and medications.

Company response to consumer: Closed with explanation