Photographer issue- can you dispute credit card charges on something like this?

[AngB]

So back in August a photographer that broke off from a partnership we'd used before posted (word for word) on a FB group 'Just a few spots remaining if you are still looking for a place to see Santa ____" with a iink to book. (___ is a well known Santa in our area that gets booked like 2 years in advance between photographers,etc.) It was more than the average price but things were starting to book up and I liked their backgrounds so I booked it. The actual pictures were today. They had 3 different sets including one indoors we couldn't see that they were doing last *where we assumed Santa was*...(the set up we did a few years ago was set up the same way, one area with Santa and then a few other spots)...so after getting 4 kids ready for pictures and doing a few minutes at each set...find out at the end that there wasn't Santa. We talked to the photographer and she tried to act like I had booked the wrong thing, but another family was talking to her at the time about the same thing, and then DH overheard her saying to her assistant that almost everyone had been expecting Santa...so obviously not just us. (She has a session this evening in the same location that *does* actually have Santa but they were all booked.) I *never* would have paid this much to take some pictures at a random barn with some random fake Christmas trees and couches, but getting ready is a hassle and DD was pretty cute so....I think I'd be okay with some money refunded, if the photographer will agree to that. I have managed to find someone with a last minute opening next weekend that my friend already used that has a pretty good Santa (DD is 2 and really getting into Santa so I'd really like some cute pics of her with him besides malls/etc.), so I'm also okay with not getting any images and getting a full refund if they can't agree to anything else. Her assistant seems more reasonable and understanding (but they are swamped doing 5 min santa sessions all night so I doubt I hear from them anytime soon.)

Ugh, I'm so frustrated we have to do pictures again. DH is already refusing so I guess it will just be the kids for all of them which is ok.

WWYD? What would you ask for? I paid through their website using a credit card so I am very tempted to dispute it with our CC company but I'm not sure if that actually will work. (Mastercard). Obviously I can try to tell them that after discussing it we would just like our money back but I doubt they will do that.

[California]

It can be such a circus getting kids ready for photos, I feel your pain! If the FB post is up, screenshot it just in case she deletes it. It sounds like she will have the only family photo with your DH in it. So I would say something like, "While we booked this shoot specifically to get Santa photos and are now having to pay $=== on a last minute Santa photoshoot next weekend, I would be willing to take $--- in a refund for the Santa photos, with the remaining amount going towards the purchase of the digital files of the family photos you took today. Or, you can provide us with a full refund and keep the digital files. Please respond by XYZ date as to your decision."

[carolinacool]

That’s really frustrating. Based on the other family and the photographer’s comments to her assistant, it sounds like the URL linked to the incorrect sessions. I would absolutely screenshot and follow California’s advice.

[firstbaby]

It sounds like the photographer royally messed up, but it also sounds like to was a true mistake rather than intentionally misleading you. Since your DH was in these pictures and he won’t go again next weekend (understandable) I would ask the photographer for a partial refund. But, if she doesn’t refund, I personally would not dispute the charge and I would go ahead with the session next weekend since you booked that not knowing what you would or could recoup on the first session anyway. Both sessions will give you special pictures - one with you all together as a family and one focused on the kids and the magic of Santa.

If the first photographer has business sense, she will do a partial refund because you could share your bad experience with others.

[echoesofspring]

Ugh what a pain, I would be frustrated as well. FWIW I don't think you'd have a problem disputing the charge if you decide you want to if you have a screen shot of the link suggesting it was a Santa booking. In general the customer has an advantage in the dispute process and it's on the merchant to prove they delivered what they were supposed to . But it also hurts the merchant (they often get assessed a fee from their cc processor and if they get enough can impact their ability to accept cc altogether), so if you think it was an honest mistake I would try to resolve it in some fashion with the photographer first, I think being clear about what you want (just the family photo) and asking for a partial refund is reasonable. California's script was perfect.

[kep]

Did she advertise them as Santa Sessions? Even is she has offered Santa Sessions in the past, she isn't obligated to provide that service if not mentioned in the advertisement. What did her advertising/contract say? It is unfair to demand a refund IMO if she fulfilled her contractual obligations. It does sound like she could have communicated better about the set up for this year, but that doesn't necessarily mean a refund, even partial, is reasonable.

[California]

Did she advertise them as Santa Sessions? Even is she has offered Santa Sessions in the past, she isn't obligated to provide that service if not mentioned in the advertisement. What did her advertising/contract say? It is unfair to demand a refund IMO if she fulfilled her contractual obligations. It does sound like she could have communicated better about the set up for this year, but that doesn't necessarily mean a refund, even partial, is reasonable.

Kep, AngB already gave the answer to this question in her original post. The photographer wrote "'Just a few spots remaining if you are still looking for a place to see Santa ____" So, very reasonable to expect Santa to be there!

AngB I hope your kids' session with a Santa went well today! Did the original photographer try to resolve this?

[AngB]

Kep, AngB already gave the answer to this question in her original post. The photographer wrote "'Just a few spots remaining if you are still looking for a place to see Santa ____" So, very reasonable to expect Santa to be there!

AngB I hope your kids' session with a Santa went well today! Did the original photographer try to resolve this?

Thank you! And thanks for the feedback. The Santa session did go well and I did manage to drag DH along for it so we got some family pictures. I don't have them back yet to see how they turned out but I think probably okay. (And if not, oh well, at least we don't have to go see Santa somewhere inside or miss out on it another year.) The weather was actually a lot warmer too so that helped. DD was excited to see Santa but then cried and wouldn't go near him when it was her turn to see him but then did okay'ish when our 10 year old held her on his lap next to Santa.
The first photographer did end up refunding us. I do think screenshotting her post where she specifically said to come see Santa and then the wrong link helped. I hope she did something for all her other families that showed up expecting Santa but I guess it's her business problem.