Consumer complaint received 2017-10-17
Company: CAPITAL ONE FINANCIAL CORPORATION
State: NY
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:
Dear CFPB, My name is XXXX XXXX. Upon multiple attempts to resolve the below issue with the merchant, and then disputing it with the creditor - Capital One, our dispute was yet denied by Capital One with a generic rejection letter with a vague explanation that I " allegedly '' failed to provide them with requested information. However, it is NOT A TRUE STATEMENT : ALL the required information had been provided TIMELY and additional supporting evidence was provided upon request. 
The reason for the dispute is that the MERCHANT FAILED to provide the service I had been charged for and failed to provide adequate substitution it, while customer service was unacceptable. 
Hence, I insist on Capital One 's re-opening the dispute and resolving it in MY FAVOR by removing this {$1200.00} charge from my account entirely. 
Below are the details of the dispute. 

On XXXX XXXX XXXX, my wife and I booked our 6-night stay for XXXX XXXX, XXXX at XXXX XXXX XXXX, for our honeymoon, via XXXX. When booking, we selected what was at the time described as " 323-sq-foot ( 30-sq-meter ) room with garden views '' and a double bed. 

Upon arrival on XXXX/XXXX/XXXX we were taken to a room whose windows opened up on to BRICK WALLS of adjacent building ( s ), which is clearly not a view of any garden, rather than of a well. Within minutes we went to the front desk and advised them of the issue, and were presented with a much smaller room which had a view of the garden but had one single sized bed. The hotels receptionist claimed they had no other rooms available and advised us that those were our only 2 options for that night. Due to the lack of other options, we relocated to the smaller-bed room and stayed for the night there. Little did know the room we were now in was right over the hotels outdoor patio, and our attempts to rest and sleep that night failed as for many hours into the night we were disquieted by raucous shouts of a group of revelers sitting at the patio, enjoying themselves and not minding being too loud at such a late time. We complained to the front desk about the noise, but unfortunately, the establishment turned a blind eye to such a disturbance and told us to bring it up to the manager in the morning. We had no choice but to close our windows shut on a hot summer night, which still didnt block the noises from the outside. 
In the morning of XXXX/XXXX/XXXX we tried to speak to the manager and were rebuffed rudely by the front desk employee several times, until around noon when the manager finally arrived. We described the situation to the manager, mentioning it was our honeymoon. The manager informed us unapologetically that there was nothing she could do about the outside patio noises at night, and that the only 2 rooms they had available were the one we were currently in and the other one that we had  been offered originally. She also added that whether we stay there or not made no difference to her, but they would not give us any refund, even though she acknowledged that the room we had originally booked did not fit the advertised description, and that as they had nothing else vacant at that time, it was up to us to stay or leave. While we were displeased with her tone and the response, we still attempted to bargain with her and said we would be willing to leave that very day ( after staying only 1 night out of 6 ) and receive a refund for only half of our 6-night stay. In other words, we offered to pay for additional 2 unstayed nights to give the hotel a chance to sell the same room to another customer upon our departure. We were responded that they wouldnt refund ANY portion of the stay, regardless of which day we leave prior to the XXXX of XXXX. The manager added that there was nothing she could do about us being unhappy, and if we wanted to leave right away it was our problem. 
Upon returning to XXXX XXXX, we attempted to call XXXX and were not able to get a helpful representative on the line who would be able to assist us with the issue. So we called CapitalOne to advise of our bad experience and dispute the hotels charges on grounds of false advertising and unacceptable customer service. It took the CapitalOne representative 4 attempts and about an hour to reach a representative of XXXX ( while we were on the phone listening in ) who said that they would look into the matter and return our call within 24hours. The CapitalOne Representative was nice enough to follow up with us the following day to find out if were received any calls from XXXX, which we had not. At that point, the CapitalOne Representative advised our only option was to submit a dispute. Which we did right away. 

We, of course, would have loved to be able to resolve this matter immediately, while we were still at the hotel. But, unfortunately, it was, in fact, not possible to call XXXX for assistance. Due to the remoteness of the hotels location, there was NO cell phone service in or around the hotel - even our cars GPS lost service a few times and we got a little lost on the way to the hotel. WiFi connection on the premises was also too weak for calls. We were in the midst of the Tuscan country side, without any ability to make phone calls. Making further true by the amount of time it would have taken us to reach a helpful representative as it did when the CapitalOne rep made her attempt, we wouldnt have been able to use the hotels phone for that call. 


PS Attachment 1 - printscreen of the Room Description Attachment 2 - wall view from the window Below is the link for the room with its description ( the rooms description doesnt vary by the date selected ) XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX

Company response to consumer: Closed with explanation