Consumer complaint received 2024-01-31 00:00:00
Product: Credit card — General-purpose credit card or charge card
Issue: Problem with a purchase shown on your statement — Credit card company isn't resolving a dispute about a purchase on your statement
Company: CAPITAL ONE FINANCIAL CORPORATION
State: CA

Complaint narrative:
My family went to XXXX to intern our sisters ashes. We needed a place in XXXX where we could all be together- the loss of our sister has been very difficult. 

We rented and paid for an apartment via XXXX from XXXX XXXX XXXX We arrived on XX/XX/XXXX around XXXX. Upon entering the flat we noticed that the rug in the master bedroom was completely waterlogged, and it looked like someone had just taken a shower. Water was on the floor in the shower and on the bathroom floor. 

We discovered a large hole in the bathroom ceiling the following morning, XX/XX/XXXX, as water was visibly dripping down from the hole, the light fixture in the shower and the ceiling fan onto the flooring and toilet below. 

On XX/XX/XXXX, after spending hours on the phone with a XXXX agent and providing them with video and photos of the bathroom condition, we were told by the agent and her supervisor that we should leave the property because it presented a health and safety issue. We were directed to another representative to help us find a hotel to stay in and the one we were offered was 1 hour outside of XXXX and had a XXXX rating of XXXX. We declined that and asked if we could stay in a hotel nearby. We were directed to a third representative who did not respond to my request and then hung up the phone. It was early evening by that time, so we stayed in the apartment that night. 

We left the XXXX apartment the morning of XX/XX/XXXX because of several health safety concerns. I documented at least twenty issues with the major issue being the condition of the bathroom. 

Water was leaking from the ceiling through the fan vent and recessed lighting. In addition, the ceiling showed water damage in numerous places and was beginning to disintegrate- there was an area where the paint and drywall was falling down. There was a large hole in the ceiling. With that the concerns were the collapse of the ceiling, potential mold, electrical short circuiting and the potential for a person to fall due the excessive water on the floor and toilet seat. 

The host was unresponsive to my attempts to reach her via the XXXX messaging site and also unresponsive to the XXXX representative who tried several times to reach her both by phone and messaging. We finally heard from the host on XX/XX/XXXX ( after we had left the apartment ). She informed us that a plumber was going to come on XX/XX/XXXX to fix the problem. 

Our reservation for this apartment was from XX/XX/XXXX to XX/XX/XXXX. The issues with the bathroom were multi-dimensional and would most likely require more than a plumber. My brother, who is an engineer, said that it would take days to repair all that was wrong and to make it safe to use. 

The multiple issues with the apartment caused my family much distress and I requested a complete refund from the host and XXXX, which they declined. 

I contacted the XXXX support team, XXXX XXXX XXXX XXXX and the CEO. I have video, photos, email exchanges between XXXX and myself, inbox messages between the host and myself. The XXXX case # is XXXX. 

I contacted my credit card company on XX/XX/XXXX ( Capital One ) and disputed the charges for this stay and they provided me with a credit of {$2800.00}. 
XXXX XXXX : XXXX. 
I found out XX/XX/XXXX, that they had reapplied the charges to my account because they received information from XXXX that " goods were as described and received in good condition ''. Clearly, not true. 

XXXX has a " Protected Traveler Program '' and I understand that this issue falls under this program. XXXX says that we do not qualify for a refund because : XXXX. We left the property before the plumber had a chance to fix it. 

XXXX. We did not report the issue until the next day which is when it became apparent that there were serious issues with the bathroom. 

XXXX says that the owner resolved the issue by sending a plumber. Which, in our case, would be four days after we arrived ; three days after I reported the issue to the host and to XXXX. The issue with the bathroom was more than a plumbing problem. 

4. It was out of the cancellation time period allowed by their policy. Yes, that is why I thought they have the " XXXX XXXX XXXX ''. For instances when a guest runs into issues with the property/host.

5. " Per our Terms of Use, we are an online marketplace that brings hosts and guests together. We are not involved in the rental transaction or the management of a property, and we are not able to mediate disputes between hosts and guests. '' Then why do they even bother to have Terms of Service or a Book with Confidence document and a " Protected Traveler Program ''? 


We paid for the property listed on the XXXX website ( Property # XXXX ) that described a 3 bedroom and 2 functional bathroom apartment. We entered a property with a bathroom that was unsafe and had multiple issues that would require days and a multi-tradesman ( plumber, electrician, drywall/plasterer/painter ) approach to repair it to become safe for use. 

The condition of this unit presented a safety hazard! 
To start, we were given the apartment door entry code one hour after we were to check into the unit and the code did not work so had to wait another 15 minutes to get a code that opened the door.

There was no house book with instructions about the house or neighborhood. 
Most of the mechanical shades were not operational because they had not been charged. 
The heater was on, and we had no instructions on how to turn it off. The air conditioner in the bedroom was not working. The owner sent someone to repair it the next day which was the only good thing that happened in this place. 
The apartment had not been cleaned. 
We found a bag of rotting onions in a drawer and several opened packages of food in the cupboards. The bathroom had hair and dirt in the tub. We found hair on some of the bath towels. The bathroom rug in the master bedroom was waterlogged. Water was dripping from the ceiling from the unit above- there was a hole in the ceiling, paint and plaster falling down on the floor and onto the toilet seat. There is a potential of mold in the walls which could cause damage to the electrical circuitry and with the large amount of water on the floor someone could slip and hurt themselves. The teapot and two kitchen pots had mold spots in them. There was a used Covid mask found drawers. The inside of the microwave was dirty with food particles on the back wall of the unit. 

After receiving the letter on XX/XX/XXXX from Capital One stating that they had reapplied the {$2800.00} charge to my credit card, I went back to XXXX and continued to request a refund of which they continued to decline. During that process, I was made aware by a XXXX agent that I could get a copy of the phone call I had on XX/XX/XXXX with the XXXX agent. I took over one month for XXXX to provide me with a copy of the call. I had to go back to them three times because they redacted many parts of the call that were very relevant to my case. I finally received a version at the end of XX/XX/year> that included some of the critical interchanges between myself and the agent but not all. 

In that call, you can hear the agent say that the condition of the bathroom is " a form of health and safety ''. And that " we wouldn't want anyone to get hurt '' ; " it does look very dangerous ''. She also said the host was unresponsive and that XXXX knew that the host was aware of the issues because she sent someone to attempt to clean the place. 

With this new information, I sent a letter to Captial One on XX/XX/year>, requesting that they review my case and credit my account for the amount of {$2800.00}. 

I received a letter from Capital One on XX/XX/year>, stating that the timeframe for reversing this charge had expired and that they had closed my case. 

It took me months to get all the information from XXXX related to my case. Why can't the credit card company see that this was out of my control?

Company response to consumer: Closed with explanation