Card declined- thought booking was cancelled and have been refused a refund

mgdavid

ThumbRemote wrote: »

The OP made a booking and authorised payment. They were subsequently told that booking would be cancelled. ........

No they weren't. Read the OP.
"I got a message saying to provide a valid credit card within 24 hours to keep the booking so I ignored the message."

The OP ASSUMED that if they ignored the message the booking would be cancelled.
What was this 'message' - a text, email, voicemail? What did it say, exactly?

By unblocking their card they did 'provide a valid credit card' so the booking remained. To clarify, the OP has already been asked exactly when they unblocked the card but hasn't responded......
The questions and points in posts 4,5 & 6 are still valid.

ThumbRemote

mgdavid wrote: »

No they weren't. Read the OP.
"I got a message saying to provide a valid credit card within 24 hours to keep the booking so I ignored the message."

The OP ASSUMED that if they ignored the message the booking would be cancelled.
What was this 'message' - a text, email, voicemail? What did it say, exactly?

By unblocking their card they did 'provide a valid credit card' so the booking remained. To clarify, the OP has already been asked exactly when they unblocked the card but hasn't responded......
The questions and points in posts 4,5 & 6 are still valid.

"I got a message saying to provide a valid credit card within 24 hours to keep the booking so I ignored the message."

Based on this, if OP didn't provide a valid credit card they would not "keep the booking". How on earth do you think this means anything other than it being cancelled? Not providing a credit card means no longer any booking.

And the OP didn't provide anything. The hotel took it upon themselves to retry.

ttoli

The OP entered into a legally binding contract ,the booking company re tried the following day as they'd Not received alternate payment details.

ThumbRemote

ttoli wrote: »

The OP entered into a legally binding contract ,the booking company re tried the following day as they'd Not received alternate payment details.

There is no information given as to when the terms and conditions state that a contract is formed. It's almost certain that for a pre-pay hotel stay, the contract is formed on making payment. Therefore no contract would be formed until such time as the OP paid.

The hotel then stated that the booking would be cancelled unless the OP provided alternative payment details. As the most recent correspondence from the hotel, this over-rules the T&Cs. As OP didn't provide alternative payment, no contract was ever formed. The hotel made an unauthorised attempt to take payment after the event.


Lets put it another way. If a contract was formed on booking instead of payment, the OP would have been able to turn up and stay at the hotel, for the discount advance rate, without paying. After all, they had a contract. So there'd be no point in having a pre-pay advance rate.

mgdavid

ThumbRemote wrote: »

........ As the most recent correspondence from the hotel, this over-rules the T&Cs. .........

you're making it up again.
This is an unknown, I asked the question in my previous post, we still don't know.

Westin

There is no information given as to when the terms and conditions state that a contract is formed. It's almost certain that for a pre-pay hotel stay, the contract is formed on making payment. Therefore no contract would be formed until such time as the OP paid

You would AGREE to terms & conditions at time of booking.

As OP didn't provide alternative payment, no contract was ever formed.

The OP would have AGREED to the terms & conditions for the booking to be made.

Lets put it another way. If a contract was formed on booking instead of payment, the OP would have been able to turn up and stay at the hotel, for the discount advance rate, without paying. After all, they had a contract. So there'd be no point in having a pre-pay advance rate.

Are you suggesting the same analogy with booking an airline seat as well? No contract until you pitch up at the gate?

An agreement was formed between the two parties. The OP agreeing to the hotels/booking sites T&C's. The OP looks to have booked an advance purchase type deal which comes with certain conditions, such as being non-refundable. To benefit from these rates the condition is to normally pre-pay at some point PRIOR to arrival, often shortly after booking. Your analogy is wrong.


The OP has not returned to the thread since posting so we might be wasting our time debating this anyway.

PeacefulWaters

For me it boils down to this.

I got a message saying to provide a valid credit card within 24 hours to keep the booking so I ignored the message

The original credit card turned out to be valid, was utilised, payment was collected.

If that message had said "we won't be using this card. If you don't provide an alternative we will reject the booking" then that is a variation to the contract and the OP would have a case.

In summary, it's tough.

ThumbRemote

Westin wrote: »

You would AGREE to terms & conditions at time of booking.

The OP would have AGREED to the terms & conditions for the booking to be made.

Are you suggesting the same analogy with booking an airline seat as well? No contract until you pitch up at the gate?

An agreement was formed between the two parties. The OP agreeing to the hotels/booking sites T&C's. The OP looks to have booked an advance purchase type deal which comes with certain conditions, such as being non-refundable. To benefit from these rates the condition is to normally pre-pay at some point PRIOR to arrival, often shortly after booking. Your analogy is wrong.

The OP has not returned to the thread since posting so we might be wasting our time debating this anyway.

You've completely misunderstood my post, and in fact you're arguing the same as me.

The OP had no contract because they didn't pay. The T&Cs would agree with that. As prepayment was required for the special rate, and the OP didn't pay, no contract was formed. That was exactly my point.

eDicky

conormg wrote: »

a couple days later realised they re-booked it without my knowledge. I've contacted the hotel and booking.com but the hotel is refusing to give me a refund despite me not knowing that they would re-booked it as it was

It was not 're-booked' as the OP tries to accuse, because the original booking was never cancelled. The OP admits they only 'thought booking was cancelled' in the title.

Regardless of what requests the hotel sends for payment 'to keep the booking' when they cannot take it from the original card used, that booking remains valid until they give notice of cancellation. Meanwhile their system probably makes regular attempts to debit the original card. That's what happened here. No explicit notice of cancellation was given.

Apart from that, as said, the OP has not returned to clarify anything so we are only speculating.