apartment on booking.com ,that was unfit to stay in ,paid with pay pal credit

[jfrem0]

i booked 3 nights at an apartment on booking.com and paid with paypal credit ,on arrival contacted booking as there was rodent droppings in kitchen, mold ,unclean -broken doors -front door unsecure ,fixings loose and wiring exposed -even what looked to be a used condom in one bedroom .Booking did nothing so we got alternative accommodation and put in claim for not as described .paypal have decided  

We've reviewed the transaction(s) and are refusing your claim(s). This decision was made because Buyer Protection only covers item(s) or services that weren't delivered or are significantly not-as-described.

 how can they say its not significantly not as described ? can  i reopen the dispute -i paid with paypal credit can section 75 come in to this ?

any help please -£430 spent on something that should not be listed -just scamming hard earned money off people

[kernowlass]

@jfrem0 

You booked an apartment and received an apartment, paypal does not get involved in quality issues.

If you had booked an apartment and only got a bedsit then you may have won. 

Small claims court seems your best bet as long as you took lots of photos for proof etc and the apartment was UK also.  

[jfrem0]

surely if the place is a heath and fire risk it is not fit for purpose and not as described and as paid with paypal credit does section 75 not come in to play ?

Under Section 75 of the Consumer Credit Act 1974, the credit card company is jointly and severally liable for any breach of contract or misrepresentation by the retailer or trader.

[kernowlass]

@jfrem0 

Section 75 has nothing to do with paypal, that is between you and the seller + the small claims court if you take it that far.

However if you funded your paypal payment via a credit card then yes you could try a claim via your card issuer.

However be aware that the card issuer makes all decisions and not paypal.

Worst scenario is that paypal may have to pay your money back and not the seller so will put your account into negative until you pay them back again, that is why I advised the small claims court, your call though.  

[jfrem0]

according to this -https://www.paypal.com/uk/webapps/mpp/credit-promotion-terms

paypal credit does -10.3.Section 75 of the Consumer Credit Act 1974 means that if you use your Credit Account to purchase an item that costs between £100.00 and £30,000.00, you may have the ability to bring a claim against us as well as the Merchant if the Merchant breaches their contract with you or the goods or services do not match the Merchant’s description.

[kernowlass]

@jfrem0 

Paypal credit is the same as using a credit card almost, I have already said you can pursue a claim via your card issuer ie paypal credit.

But that is totally different to paypals buyer protection policy.

So get hold of paypal credit and request a chargeback as already advised.