Hotel reservation payment via credit card not made - what are my rights?

DarthMocha

Hello everyone,


I stayed at a hotel here in the UK for an event back in May. After home, I tried to book a room at the same hotel for the same event next year. Initially, I had a reservation number and could see the reservation online.


The next day, I went to check the reservation again and received a message saying there was 'no such reservation'. I contacted the hotel and they said that my card had been declined so they could see the reservation but I can't. They also said that I could lose the reservation until it was paid for.


I was a bit baffled by this as I'd used the same card to pay for my stay at the hotel just a day or two before. I thought that perhaps my credit card provider had thought it a suspicious transaction so I contacted them but they said there was no attempt by the hotel to take the money...


It looks like the hotel was doing something wrong - no idea what - and I've had no issues with money being taken off that card by anyone else (which is a pity!). I communicated this to the hotel and there was some emailing back and forth but the line was that I didn't have the reservation until they could take payment. Fine. I was fed up with all the hassle of basically getting them to take my money so I gave up on it and I don't care about not having the reservation and have since made alternative arrangements.


Now, out of the blue, I have had an email from them chasing this up. They want me to email credit card info to them (which I'm NOT going to do for security reasons). It seems they think they have incorrect information for my card... the thing is, the system says I don't have a reservation and I've been told I don't have it until it is paid for... They haven't said I have to pay for it or anything yet but I just want to check what my rights are here, in case it gets to that point.


So my question is this - if they have failed to take the payment for whatever reason, am I right in assuming the contract hasn't been created yet? Also, I have a screenshot of their online system clearly saying my reservation doesn't exist. If they do come back and demand I pay... what are my rights here? Do I have to pay for it regardless?

InsideInsurance

DarthMocha wrote: »

So my question is this - if they have failed to take the payment for whatever reason, am I right in assuming the contract hasn't been created yet? Also, I have a screenshot of their online system clearly saying my reservation doesn't exist. If they do come back and demand I pay... what are my rights here? Do I have to pay for it regardless?

You need to read their T&Cs on when the contract is formed. By normal definition a contract has been formed by your attempt/promise to pay

Hintza

InsideInsurance wrote: »

You need to read their T&Cs on when the contract is formed. By normal definition a contract has been formed by your attempt/promise to pay

From what the OP says they can't really have it both ways. The hotel are saying that the reservation is not made until payment has been received yet.

OP just phone them up and give them the details over the phone.

bod1467

But OP has already made alternative arrangements so no longer needs this booking/reservation.

OP - just contact them and tell them that as they didn't accept your booking there is nothing to pay, so please cancel any reservation in the system against your name.

cono1717

In terms of contracts hasn't the contract been invalidated by the fact that, as per the hotel, the card was declined even if there is a fee to cancel the reservation no reservation has been made to cancel as the hotel never accepted the payment.

I'd say that if its not been paid for and no money has been taken out of your account get back in touch with the hotel advising them that the payment was declined (their words) and that you made alternative arrangements and won't be needing to reserve a room there. Also state that you won't be sending them any card information and should you wish to stay with them again in the future you will update any information at that time.

unholyangel

OP it will really depend on when the contract is formed. Offer + acceptance = contract. Its a little more complex than that but thats the gist of it. You each agree to suffer a detriment in exchange for a benefit - referred to as consideration. With no consideration a contract is not binding however, consideration actually doesn't need to be paid in order to be binding - it just needs to have been agreed.

If a contract does exist, you may be able to argue that a contract didn't exist given they said your reservation wasn't guaranteed (meaning they weren't bound to sell it to you and a contract can't be binding on just one party - it has to be binding on both) but they may argue that this was in mitigation of your anticipated breach.

Of course even if there is a contract - they may cancel it with no hassle at all. Just have to see how it plays out