Hotel used my debit card without permission

lerner167

Hi

I am new here and looking for advice. I booked a hotel in Manchester for my birthday but a couple of people let me down so decided to cancel as we would all have had to pay more per person. When I originally called the hotel to book they asked for a deposit and I only had £80 so the hotel accepted this as a deposit and I gave them my card details. When my friend cancelled I emailed the hotel and said I may have to cancel and would I get deposit back. Before I had even emailed to confirm cancellation, they took a further £120 from my bank without my permission. I have since looked at the T&C (stupidly I didnt originally - will learn from mistake!) and can see that 'If cancelled up to 7days before date of arrival, 100 percent of the first night will be charged.'

Obviously I owe this money which is very annoying BUT my question is are they allowed to take the money without my permission as I know that when giving the three digit security code over the phone the law now states that the company must then destroy it. I cannot see how they could request the money from my bank without that code. So is this not fraud?

I would appreciate any help on this.

Marktheshark

Report it to the bank as an unauthorised transaction.
be warned, they connect you to a village idiot first and you have to shout past them to get anyone to listen and not read the "resolution fob off screen"

Paully232000

I am unsure why you are asking this as you have answered it in your opening post.
I am assuming you tried to cancel 7 or less days prior to the date of the booking.

It is in their T&Cs that they can and will charge you one nights accommodation, and they have done so.

Someone else may have a different interpretation on this, but seems pretty clear.

andycris3107

The 3 digit code (CVV) is not required for pre-authorised transactions. It is actually not required at all (though most processors insist on it). If your card had been preauthorised such as when you first gave your details a token is created which can be used thereafter to charge the card without the CVV.

So the quick answer to your question is yes they can take payment without this.

Importantly though you state that you booked over the telephone but did not notice until later that their conditions state that you must pay for the full first night if cancelled within 7 days of the booking date. If you had booked by phone there is an obligation on the part of the hotel to confirm that you are aware of their policy prior to completing the booking.

If you merely cancel your payment via your bank (as the previous ill-advised post suggests) you may still be liable for the amount. The important thing to ask is were you informed of or aware of this policy when you called to book?

InsideInsurance

Their T&Cs should include about retaining your payment details to enable them to put through additional charges etc. If it doesnt it wont change if you owe the money or not but may change the legitimacy of how they took the money.

unholyangel

andycris3107 wrote: »

The 3 digit code (CVV) is not required for pre-authorised transactions. It is actually not required at all (though most processors insist on it). If your card had been preauthorised such as when you first gave your details a token is created which can be used thereafter to charge the card without the CVV.

So the quick answer to your question is yes they can take payment without this.

Importantly though you state that you booked over the telephone but did not notice until later that their conditions state that you must pay for the full first night if cancelled within 7 days of the booking date. If you had booked by phone there is an obligation on the part of the hotel to confirm that you are aware of their policy prior to completing the booking.

If you merely cancel your payment via your bank (as the previous ill-advised post suggests) you may still be liable for the amount. The important thing to ask is were you informed of or aware of this policy when you called to book?

That may prove fruitless.

The laws default position in a contract is that where one party is in breach, they shall be liable for the reasonable costs incurred by the other as a result of their breach. While its possible they managed to rebook the rooms....at such short notice, I wouldn't count on it.


Unless OP has suffered bank charges as a result of them taking the payment earlier? If so then they may be liable for those charges.

lerner167

Hi

Thanks for all the help. I was not made aware of the terms and conditions when I booked over the phone but they are on the email. I cancelled over a week before the booking which is for the weekend of 1st March so they will easily be able to relet the room.

I was just surprised they were able to use the debit card that I used when booking as thought this was fraudalent which was what I was trying to find out. I will call the bank and see what they say.

agrinnall

lerner167 wrote: »

I was just surprised they were able to use the debit card that I used when booking as thought this was fraudalent which was what I was trying to find out. I will call the bank and see what they say.

Not fraudulent at all, and while the bank may initially accept your claim and refund the money, don't be surprised if the hotel challenges that and the money disappears again. Whether taking the deposit is a fair term is a different issue.

bod1467

But OP has not cancelled within 7 days of the booked stay - the cancellation is much greater than this. Therefore the hotel's T&Cs regarding charging the first night's stay don't apply, so the charge was unauthorised and the hotel have breached the T&Cs.

Poppie68

bod1467 wrote: »

But OP has not cancelled within 7 days of the booked stay - the cancellation is much greater than this. Therefore the hotel's T&Cs regarding charging the first night's stay don't apply, so the charge was unauthorised and the hotel have breached the T&Cs.

The OP seems to of changed their mind!!!
First admits its their fault for not reading the t&c, they weren't questioning the fact that it needs paying just they way it was taken from their card....
They then go onto say the booking was for the 1st March....which is obviously more than 7 days away.?

andycris3107

There seems to be a lack of clarity here.

The OP has cancelled prior to the 7 day deadline indicated by the hotel. Based upon the information from the OP re Ts&C's he should then get a full refund of the original deposit £80 plus the additional £120.

Hotels are obliged to inform you of the cancelation policy at the time of booking. It sounds as if the only information was included in the email post payment which is incorrect. While it also sounds like the OP indicates that he expects to lose the original £80 deposit it doesn't seem like they indicated this at point of payment.

My advice - as it was a debit card you should request a chargeback of both payments via your bank and expect to be able to substantiate this with your email containing the conditions received only after payment and which clearly show you were outside of the 7 day limit.