FlyerTalk Forums - View Single Post - Hotel forges my signature to deduct points!!! - What to do?
Old Jul 8, 2009 | 4:13 am
  #32  
BonViveur
Used to be RichardKopf
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Originally Posted by mahasamatman
In that case, all telephone and online credit card transactions would be invalid.
Sorry to hijack this thread, but it's in response to the above post.

As an example, I include clause nine of the American Express Merchant terms and conditions for Australia. I accept that other card companies may have different terms. For American Express charges made on an Australian merchant account, the company will not honour any disputed charge unless the card has been presented - which means a signature obtained for either the goods or on a card transaction receipt.

Unsigned transactions depend on the honesty and integrity of the cardmember.

9. Mail and telephone order charge requests
If you wish to accept Mail and Telephone Orders you do so at your own risk.
American Express will not be liable to pay you and will have right of Full
Recourse for fraudulent transactions by any person involving use of genuine
or counterfeit American Express Cards or Card numbers that you accept,
where the Card is not physically presented to you.
Notwithstanding the requirement to present the Card under Clause 8 above
(Face-to-Face Charge Requests), but still subject to Clause 20 below
(Cardmember Disputes) we will accept Charges for purchases made by Mail
or Telephone Order (including via Automated Voice Response Systems)
provided that:
(1) Authorisation (explained in Clause 11 below) is obtained for the Charge
request;
(2) if the order is to be shipped or delivered more than thirty (30) days
after the original Authorisation, you obtain a new Approval Code before
shipping or delivering the merchandise;
(3) you write on the ROC the date upon which the goods or services
relevant to the Charge are dispatched or delivered. The Charge may not
be submitted for payment until the order is shipped;
(4) you write the words “Mail Order”, “Telephone Order” or “Signature on
File” as appropriate on the ROC in the panel designated for the
Cardmember’s signature;
(5) you retain proof that the Cardmember or the Cardmember’s agent
signed a carrier delivery receipt for merchandise delivered to the
Cardmember’s billing address or delivery address, if different. You are
responsible for ensuring delivery to the appropriate Cardmember’s
billing address or delivery address, if different;
(6) if the goods are to be collected by the Cardmember, the Card must be
presented by the Cardmember upon collection and all the provisions of
Clause 8 above (Face-to-Face Charge Requests) must be complied with;
and
(7) if a Cardmember notifies you or us of a dispute, complaint or query
concerning a Charge made by Mail or Telephone Order and:
(i) the Cardmember has not signed a Mail Order or Signature on File
form for the goods or services; or
(ii) you have not obtained a signed receipt confirming delivery of the
goods or services to the Cardmember’s billing address or delivery
address, if different;
otherwise, in addition to any other rights we have under this Agreement, we
are entitled to Full Recourse (as described in Clause 7 above) for the Charge.
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