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Old Feb 1, 2012, 12:03 pm
  #1  
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Residence Inn charged card on file

Hello fellow travelers,

I'm about to call my corporate credit card company (Citi) and file a dispute so I thought others might have some feedback, opinion, or previous experience with a similar situation. In a nutshell, a hotel charged the credit card in my profile for incidentals for a stay I did not make. I'll explain. They refuse to reverse the credit. No response from Marriott Rewards. I'm Platinum if that matters in this situation.

Last year I earned a few of the free night vouchers that MR periodically give out. Two of them were due to expire 12/31/11 and I was not going to use them. I made a reservation online for one night for another person. They checked in, provided a credit card for incidentals, called me the next day to say 'thanks', and off we go.

Last Friday while doing an expense report I notice a $250.75 charge on my corporate credit card from that hotel. Almost a month old charge and I didn't have any receipt or indication it had been charged. This is the credit card in my profile that I use to hold reservations.

I call the hotel and leave a message for the general manager who call me back two days ago. She did some research and found that the room had been smoked in. A big no-no as we all know. I ask why my card was charged and she says that the card they accepted at check-in was declined. She offered to remove the charge from my corporate card if I provide another form of payment or get the person who stayed at the hotel to pay.

Embarassing and frustrating is what this is. First, I stay in their properties for business by choice. Secondly, a reward voucher is given to someone I know who violates their policy on smoking. Ergo I'm right in the middle of something when in hindsight I wish that I'd let the voucher just expire.

I called Marriott Customer Care and they submitted something to the hotel directly which went to the person I'd spoken to at the hotel. Here is her response via email:

"As I told you earlier today, we had no recourse but to charge the credit card on file. The reservation was made under your name, and we did follow protocol in getting a credit card for incidentals since the stay was on points. After the guest checked out and our staff discovered that the guest smoked in the room (there were multiple beer bottles full of distinguished cigarettes and a very strong odor) we attempted to charge the credit card presented for incidentals. It was at the time that the card was declined because of non sufficient funds.

I will make an attempt to contact your relative and obtain another form of payment, however, if they do not respond, or are unable to provide one, I am going to have to leave the charges on the card that was on file."

The issue at hand is not your protocol for securing a credit card for incidentals nor is it regarding your smoking policy. What we have a conflict about is that you used an unauthorized form of payment as ‘back up.’

You can see they are holding their ground. Here is my response in which there has been radio silence. I also copied in Marriott Rewards.

"Here are a few points to consider:

• The credit card on file in my profile is there only to hold reservations I make. It is not on file as an automatic payment method.
• A form or payment is always presented upon check-in. Either the form of payment used to reserve the room (my credit card was not) or another form of payment is presented to the front desk along with a valid ID. This happens every time I check-in to any hotel.
• It is the vendor’s responsibility to ensure sufficient funds are available for incidentals – not mine.
• It is the vendor’s responsibility to recover funds which they failed to reserve – not mine.
• The reservation was in my name only because I reserved the room using an earned voucher; however, the actual business transaction was between the party who provided a payment method upon check-in and the hotel.
• I would argue that since I did not authorize this transaction fraud and/or theft of funds was committed.

Two customer care agents I spoke with today immediately agreed with my position. I chose to contact you directly before involving Marriott corporate because it gave you the opportunity to correct this mistake. If I am not notified by close of business tomorrow, 1/31/12, that the charge of $250.75 has been refunded then I will be filing a dispute with my financial institution."


Please let me know your thoughts on the situation or if clarification is needed. There does not seem to be any written policy on this situtation that I can find. Doesn't mean it's not out there. I'm hoping I'm not crazy in my position and thanks for listening.

Brad
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Old Feb 1, 2012, 12:53 pm
  #2  
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Originally Posted by bradster66
Hello fellow travelers,

I'm about to call my corporate credit card company (Citi) and file a dispute so I thought others might have some feedback, opinion, or previous experience with a similar situation. In a nutshell, a hotel charged the credit card in my profile for incidentals for a stay I did not make. I'll explain. They refuse to reverse the credit. No response from Marriott Rewards. I'm Platinum if that matters in this situation.

Last year I earned a few of the free night vouchers that MR periodically give out. Two of them were due to expire 12/31/11 and I was not going to use them. I made a reservation online for one night for another person. They checked in, provided a credit card for incidentals, called me the next day to say 'thanks', and off we go.

Last Friday while doing an expense report I notice a $250.75 charge on my corporate credit card from that hotel. Almost a month old charge and I didn't have any receipt or indication it had been charged. This is the credit card in my profile that I use to hold reservations.

I call the hotel and leave a message for the general manager who call me back two days ago. She did some research and found that the room had been smoked in. A big no-no as we all know. I ask why my card was charged and she says that the card they accepted at check-in was declined. She offered to remove the charge from my corporate card if I provide another form of payment or get the person who stayed at the hotel to pay.

Embarassing and frustrating is what this is. First, I stay in their properties for business by choice. Secondly, a reward voucher is given to someone I know who violates their policy on smoking. Ergo I'm right in the middle of something when in hindsight I wish that I'd let the voucher just expire.

I called Marriott Customer Care and they submitted something to the hotel directly which went to the person I'd spoken to at the hotel. Here is her response via email:

"As I told you earlier today, we had no recourse but to charge the credit card on file. The reservation was made under your name, and we did follow protocol in getting a credit card for incidentals since the stay was on points. After the guest checked out and our staff discovered that the guest smoked in the room (there were multiple beer bottles full of distinguished cigarettes and a very strong odor) we attempted to charge the credit card presented for incidentals. It was at the time that the card was declined because of non sufficient funds.

I will make an attempt to contact your relative and obtain another form of payment, however, if they do not respond, or are unable to provide one, I am going to have to leave the charges on the card that was on file."

The issue at hand is not your protocol for securing a credit card for incidentals nor is it regarding your smoking policy. What we have a conflict about is that you used an unauthorized form of payment as ‘back up.’

You can see they are holding their ground. Here is my response in which there has been radio silence. I also copied in Marriott Rewards.

"Here are a few points to consider:

• The credit card on file in my profile is there only to hold reservations I make. It is not on file as an automatic payment method.
• A form or payment is always presented upon check-in. Either the form of payment used to reserve the room (my credit card was not) or another form of payment is presented to the front desk along with a valid ID. This happens every time I check-in to any hotel.
• It is the vendor’s responsibility to ensure sufficient funds are available for incidentals – not mine.
• It is the vendor’s responsibility to recover funds which they failed to reserve – not mine.
• The reservation was in my name only because I reserved the room using an earned voucher; however, the actual business transaction was between the party who provided a payment method upon check-in and the hotel.
• I would argue that since I did not authorize this transaction fraud and/or theft of funds was committed.

Two customer care agents I spoke with today immediately agreed with my position. I chose to contact you directly before involving Marriott corporate because it gave you the opportunity to correct this mistake. If I am not notified by close of business tomorrow, 1/31/12, that the charge of $250.75 has been refunded then I will be filing a dispute with my financial institution."


Please let me know your thoughts on the situation or if clarification is needed. There does not seem to be any written policy on this situtation that I can find. Doesn't mean it's not out there. I'm hoping I'm not crazy in my position and thanks for listening.

Brad
You may find a very tangled situation here and will almost certainly lose the chargeback attempt unless you have done your homework reading the t&c of the room rental and of providing a credit card in your profile. If you lose the chargeback attempt, you are in the soup with zero recourse other than a lawsuit over a small amount.

Your first step ought to be to call your friend/relative and ask them to pony up. They have embarassed you with a vendor you need for work. Not only did they provide a card which they presumably knew would be declined, but they did a big no no (remember, the $250 smoking charge is there for a good reason). If you can get them to take care of it, do so and the issue is closed.

If you can't, then sit down and do the research. In this case, you apparently booked the room using your profile which includes a CC which you (by using the card in your profile) have authorized as a form of payment. While properties, of course, honor other cards presented at check-in, the profile card is the backup.

Essentially, you trusted a friend, they sc***ed you and, in the end, this will turn into a fight between you and the "friend" or you will eat the charge.
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Old Feb 1, 2012, 12:58 pm
  #3  
 
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Well its a bad situation and I think you'll prevail disputing via card for various reasons as they tend to side with consumers, there is nothing with your signature on it and its a pain to challege a chargeback - I get screwed all the time as a Merchant.

But I think the property is right in perusing payment for the smoking charge from you, ethically too.

I think certs are non-transferable BTW so it looks like they did your "Friend" a favor. Sounds like they ran the "friends" card for a very minimal amount since it was on points and it can't do $250? What deadbeats in several ways, you try to do a favor and get kicked in the teeth.
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Old Feb 1, 2012, 1:43 pm
  #4  
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Originally Posted by joshua362
Well its a bad situation and I think you'll prevail disputing via card for various reasons as they tend to side with consumers, there is nothing with your signature on it and its a pain to challege a chargeback - I get screwed all the time as a Merchant.

But I think the property is right in perusing payment for the smoking charge from you, ethically too.

I think certs are non-transferable BTW so it looks like they did your "Friend" a favor. Sounds like they ran the "friends" card for a very minimal amount since it was on points and it can't do $250? What deadbeats in several ways, you try to do a favor and get kicked in the teeth.
While most merchants get the short end on chargebacks, that's not true in the travel business. Air carriers, hotels & car rental companies get lots of chargebacks and are expert at documenting their t&c and winning chargebacks hands down. It's a flood gate issue for them so they don't give an inch once a customer goes to chargeback.
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Old Feb 1, 2012, 1:55 pm
  #5  
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Originally Posted by Often1
You may find a very tangled situation here and will almost certainly lose the chargeback attempt unless you have done your homework reading the t&c of the room rental and of providing a credit card in your profile. If you lose the chargeback attempt, you are in the soup with zero recourse other than a lawsuit over a small amount.

Your first step ought to be to call your friend/relative and ask them to pony up. They have embarassed you with a vendor you need for work. Not only did they provide a card which they presumably knew would be declined, but they did a big no no (remember, the $250 smoking charge is there for a good reason). If you can get them to take care of it, do so and the issue is closed.

If you can't, then sit down and do the research. In this case, you apparently booked the room using your profile which includes a CC which you (by using the card in your profile) have authorized as a form of payment. While properties, of course, honor other cards presented at check-in, the profile card is the backup.

Essentially, you trusted a friend, they sc***ed you and, in the end, this will turn into a fight between you and the "friend" or you will eat the charge.
What he said.

Actually the more I think about it, the more I think you have the snowball's chance in hades of winning on a chargeback given your reasons above.

The vouchers aren't transferable in the first place, and your cc by dint of your having it in your profile IS the back-up card for any stay under your name (even if you personally present a dif cc at check-in, if the funds aren't available, they default to the CC on file).

BTW - if you're going to do the fraud thing, Marriott can come back at you since you openly admit you were letting someone else use the cert & knowingly circumvented the no transfer T&C.

FWIW - I'd be seriously po'd at the relative, NOT the hotel. Methinks your beef should be w/ him, not the property. Get him to ante up the funds. If he doesn't, consider it a $250 lesson & just hope it doesn't get you into trouble with your employer.

Cheers.

Last edited by SkiAdcock; Feb 1, 2012 at 2:31 pm
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Old Feb 1, 2012, 2:58 pm
  #6  
 
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Sorry, you don't have a leg to stand on. If I remember correctly, the certs are non transferable. Secondly, it appears you made the reservation in your name (presumably to collect points for incidentals and for your relative to get your status perks). In essence, YOU violated the hotel non-smoking policy (the room was in your name). The card taken previously did not clear - they have every right in the world to charge your card. Your issue is with your relative, not the hotel
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Old Feb 1, 2012, 3:17 pm
  #7  
 
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I have outright removed my corporate card from my rental car and hotel profiles. This after two incidents (one hotel, and one with Enterprise which picked the corporate card from National) where charges were made to the corporate card even though I presented and authorized a personal card at check-in/check-out.

It is far easier for me to run a charge on a personal card through than deal with a mistake charge to my corporate card.
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Old Feb 1, 2012, 4:03 pm
  #8  
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Originally Posted by joshua362
Well its a bad situation and I think you'll prevail disputing via card for various reasons as they tend to side with consumers, there is nothing with your signature on it...
I'm not so sure of this. Given the OP made the reservation using their own name and their own CC, I suspect there is an implied signature for use of that CC for that particular stay.
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Old Feb 1, 2012, 4:19 pm
  #9  
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Originally Posted by calitequilasippergirl
Sorry, you don't have a leg to stand on. If I remember correctly, the certs are non transferable. Secondly, it appears you made the reservation in your name (presumably to collect points for incidentals and for your relative to get your status perks). In essence, YOU violated the hotel non-smoking policy (the room was in your name). The card taken previously did not clear - they have every right in the world to charge your card. Your issue is with your relative, not the hotel
I'm not sure I would go as far as no leg to stand on but your point is well taken. The e-certificates may not be transferable but can be issued in a third party's name upon issuance which suggests some flexibility. That and I'm fairly certain this wasn't the first time someone gave a free night away.

Another issue brought up by an earlier poster is regarding payment card on file. I can't seem to find terms and conditions on that unless I missed it in the MR terms and conditions. If they are on Marriott's site then they aren't easy to find.

The assumption has also been made that smoking occurred in the room. He said, she said. Except she has the discretion to charge a credit card and not notify me in any way? What? You have my credit card info but not a mailing address or email available? Whichever way you lean - that stinks and is a poor business practice.

It's also odd that MR haven't chimed in at all. In fact, no response from Marriott. You would think they would at least send a "that's our policy and too bad, so sad." I'm not sure how much it will affect my loyalty to the brand going forward.

A year of hotel stays - $Lots
Free night e-certificates - Gratis
Incidental fees for a stay you weren't present for - $250
Realizing that your little brother hasn't grown up - priceless!
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Old Feb 1, 2012, 4:30 pm
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Originally Posted by hhoope01
I'm not so sure of this. Given the OP made the reservation using their own name and their own CC, I suspect there is an implied signature for use of that CC for that particular stay.
Its a crap shoot at best, a lot of factors in play especially how much effort the RI want to put in and respond by deadlines, photocopy, research, etc. Some merchants have the time and resources to put in the effort, some don't.

Sometimes I fight, sometimes I don't. I do mail / internet order. If the cardholder denies involvement in the transaction (lies) and I don't have a signature slip (but a UPS delivery receipt), I more than often loose. Its hit or miss sadly.

But in this case the OP should just pay up and get the $$ from "whomever" or write it off - I hate smoking and its the right thing to do here...
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Old Feb 1, 2012, 5:37 pm
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By making the reservation and guaranteeing to your card, it becomes the backup if the swiped card is declined.

If you doubt her, ask for pictures. They actually have to have physical evidence of smoking (i.e., butts, etc). Ashes and smell are not sufficient. It's tough for a hotel to hit people for it because MOST people clean up the dirty deed

Unfortunately, it looks like your little brother did you dirty. While the manner in which they did it could have been better, they were still well within their rights.


Originally Posted by bradster66
I'm not sure I would go as far as no leg to stand on but your point is well taken. The e-certificates may not be transferable but can be issued in a third party's name upon issuance which suggests some flexibility. That and I'm fairly certain this wasn't the first time someone gave a free night away.

Another issue brought up by an earlier poster is regarding payment card on file. I can't seem to find terms and conditions on that unless I missed it in the MR terms and conditions. If they are on Marriott's site then they aren't easy to find.

The assumption has also been made that smoking occurred in the room. He said, she said. Except she has the discretion to charge a credit card and not notify me in any way? What? You have my credit card info but not a mailing address or email available? Whichever way you lean - that stinks and is a poor business practice.

It's also odd that MR haven't chimed in at all. In fact, no response from Marriott. You would think they would at least send a "that's our policy and too bad, so sad." I'm not sure how much it will affect my loyalty to the brand going forward.

A year of hotel stays - $Lots
Free night e-certificates - Gratis
Incidental fees for a stay you weren't present for - $250
Realizing that your little brother hasn't grown up - priceless!
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Old Feb 1, 2012, 6:46 pm
  #12  
 
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What others said. Collect the $250 from your friend.
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Old Feb 1, 2012, 8:37 pm
  #13  
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Originally Posted by bradster66
Last year I earned a few of the free night vouchers that MR periodically give out. Two of them were due to expire 12/31/11 and I was not going to use them. I made a reservation online for one night for another person. They checked in, provided a credit card for incidentals, called me the next day to say 'thanks', and off we go.

Last Friday while doing an expense report I notice a $250.75 charge on my corporate credit card from that hotel. Almost a month old charge and I didn't have any receipt or indication it had been charged. This is the credit card in my profile that I use to hold reservations.

I call the hotel and leave a message for the general manager who call me back two days ago. She did some research and found that the room had been smoked in. A big no-no as we all know. I ask why my card was charged and she says that the card they accepted at check-in was declined. She offered to remove the charge from my corporate card if I provide another form of payment or get the person who stayed at the hotel to pay.


I will make an attempt to contact your relative and obtain another form of payment, however, if they do not respond, or are unable to provide one, I am going to have to leave the charges on the card that was on file."[/I]
The issue at hand is not your protocol for securing a credit card for incidentals nor is it regarding your smoking policy. What we have a conflict about is that you used an unauthorized form of payment as ‘back up.’

You can see they are holding their ground. Here is my response in which there has been radio silence. I also copied in Marriott Rewards.
Brad
Bradster,repeat after me;"No good deed goes unpunished."
general45 is offline  
Old Feb 1, 2012, 10:34 pm
  #14  
 
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Originally Posted by bradster66
The e-certificates may not be transferable but can be issued in a third party's name upon issuance which suggests some flexibility. That and I'm fairly certain this wasn't the first time someone gave a free night away.
well... i think you have to make the reservation in your name since it's your certificate. a third party name is added to the reservation as an additional occupant. where exactly is the flexibility in "nontransferable"?. (other than the flexibility for your guest to check-in before you, definitely not flexibility for it to become flexibly "transferable")

as for this isn't the first time someone gave a free night away... i'm fairly certain you shouldn't pull this as a reasoning for not having to pay

btw... why haven't you asked your friend for his/her side of the story or reimbursements?

anyways, good luck with your case
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Old Feb 1, 2012, 10:42 pm
  #15  
 
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after all the above, i do feel it is weird that a hotel will charge incidentals to the credit on file. i always thought credit card on file is for cancellation/no-show penalty. if the hotel has a penalty of $250 for smoking, the hold on the credit card should be, imo $300 ($250 + $50 incidentals) or whatever.

learn something new everyday.
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