ROCHESTER, N.Y. — A grandmother from New York City is still waiting for a refund after a Rochester hotel closed the day she arrived for her granddaughter’s track meet.
Chief Investigative Reporter Berkeley Brean of News10NBC reported from outside the shuttered Wyndham hotel on State Street, where Sarah Sinclair received an email on her way to Rochester saying the hotel had closed. Sinclair said there was no turning back.
How it happened
The city ordered the hotel to close, forcing Sinclair to find a new place to stay and leaving her trying to get her money back since June. Sinclair said the hotel got paid and the third party got paid, but she is still trying to figure out how to get a refund.
Berkeley: “So the hotel got paid?”
Sinclair: “Can’t get room refund for closed Wyndham hotel: Correct.”
Berkeley: “And the third party got paid?”
Sinclair: “Correct.”
Berkeley: “And you’re trying to figure out how you get refunded?”
Sinclair: “Exactly. You said it precisely.”
Sinclair: “No one seems to be able to help me. It’s like — your loss. Sorry.”
Sinclair did not book directly with Wyndham but used a third-party service called “Buy Now, Pay Later,” specifically Flex Pay. When she contacted Wyndham for a refund, she was told to reach out to the third party. “So it leaves consumers in this difficult grey area,” Katie Sherwin, director of New York State Consumer Protection, said.
Consumer Reports reporter reacts
Lisa Gill, an investigative reporter with Consumer Reports, said, “So I feel terrible for Sarah who has gone through this process.” Gill also said, “In the case of Buy Now Pay Later, for really murky reasons there are no federal laws that pertain to consumer rights around when you need a refund.”
Director of NYS Consumer Protection reacts
Katie Sherwin, director of New York State Consumer Protection, said there are no clear rules on Buy Now Pay Later refunds. “So it leaves consumers in this difficult grey area,” Sherwin said.
What the third-party service says
Flex Pay is run by Upgrade, which told News10NBC, “We kindly ask that (Sinclair) reach out to us directly.”
Berkeley: “Do you feel like you’re this ping pong ball that’s being shot back and forth all over the place?”
Sinclair: “I just felt like, you know, like you said — ping pong ball. Caught in the middle.”
Berkeley shared Upgrade’s response with Sinclair, and she said she would try that avenue again.
No response from Wyndham Hotels
Wyndham Hotels did not respond directly to News10NBC, and the local owner could not be reached. Experts recommend booking directly with hotels, airlines or rental car agencies and using a credit card.
Anyone with a similar problem can call New York State Consumer Protection at 800-697-1220.
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