hotel took my payment

Queenieviolet

My mother was let down by late rooms.com and was stuck in London so she tried to find another hotel on her own. As she didn't have a lot of money with her she asked if her daughter could pay for the room by credit card over the phone. The hotel took the card details from her daughter but then said they need to see the card so couldn't confirm the booking. My mother decided she had had enough and so caught a train home! It now emerges that she was charged £135 for the room that she never used and the hotel say my mother did not cancel the booking and they believed her to be fetching the card from her daughter (which clearly was not agreed as her daughter was over 300 miles away!!) Despite numerous e-mails there seems no likelihood that her money is being refunded. Can anyone help? What would be the best course of action. She has already tried contacting head-office who seem satisfied with the pack of lies told by the receptionist.

fluffnutter

Credit card. Over £100. Get the credit card company to refund the money. They're jointly liable under the Consumer Credit Act. Simples!

fluffnutter

Are you the daughter? Sister of the daughter? Not that it matters but you're probably female (name) and you talk about your mother's daughter!

cyberbob

fluffnutter wrote: »

Credit card. Over £100. Get the credit card company to refund the money. They're jointly liable under the Consumer Credit Act. Simples!

They're not liable if the cancellation terms and conditions weren't met so it may not be as simple as you think.

unholyangel

Personally i would check (website maybe?) to see what their booking conditions around credit/debit card payment are.

If you can prove that they do require to actually see the card, would help with a chargeback request.

Queenieviolet

Sorry - I am the other daughter but have just got involved because my mother is actually very ill and too tired to fight this but I feel very cross about it. It was a debit card rather than a credit card. I shall check their booking conditions but what annoys me is they told my mother that they could not book her in without seeing the card so as far as she was concerned no booking was made! Thanks for your help...I shan't give up just yet.

unholyangel

You can still issue chargebacks on debit cards.

But as i said, check their T&C's, if you can find something in their own T&C's they may take more notice of it. Although if you do find anything and its on a website......screenshot/print screen it as there have been cases of businesses changing their terms and conditions while in a dispute.

moonrakerz

Queenieviolet wrote: »

My mother decided she had had enough and so caught a train home!

It sounds as if your Mother broke the contract !................To make a claim under the CCA the other party has to be at fault:

"Section 75 does not, in itself, provide grounds for a claim against a supplier. Customers must have a valid claim of breach of contract or misrepresentation under other law"

Financial Ombudsman

DVardysShadow

moonrakerz wrote: »

It sounds as if your Mother broke the contract !

Not to me. It looks like the hotel refused payment when offered and withheld the room.

unholyangel

Have to say i agree with DVardysShadow.

Especially if the hotel used the exact phrase "card needs to be present to confirm the booking".

Basically that there was no contract in place until the card has been presented. Or is that just too much common sense to expect from a hotel? :rotfl:

andyrules

Which hotel is it?

I often book hotels for my DD on my card, and except for the occasions when the money is taken upfront (eg advance purchase), they ALWAYS ask for email confirmation to take the fee on arrival if the cardholder is not present.

Hotels normally accept an unseen card for booking reservation, but not payment. I imagine as your mother was booking on the spot they would require to see the card.

They can't have it all ways, ie refuse payment until card is seen yet take payment from unseen card when you can't comply and leave!