Originally Posted by
jasonvr
A) A stated cash discount is allowable and a huge loophole in the contracts. It essentially the exact same thing, they just have to phrase it properly.
B) As far as evidence, is there a sign at the Hilton that you can take a photo of (there was one at my Ayers Rock hotel) or is it itemized on the bill?
C) Nowhere on the US Visa or Mastercard site (that I could find) does it state anything about "except where allowed by law". They both just categorically state that surcharges are not allowed.
I'm not saying that this would work, but can it hurt to try?
Any contract provision that is prohibited by law is void anyway. Even without saying that surcharges are impermissible except where the law prohibits such clauses, that provision is still automatically unenforceable.
Edited to add:
If your booking was made with a credit card entered as a form of payment, and your quote did not display a credit card surcharge, I would fight this on other grounds. Your reservation is a contract, whose terms Hilton set forth and you accepted. On the other hand, signing your credit card charge might be considered acceptance in the changes to those terms - so I certainly wouldn't sign any credit charge with that line item included, since it says you the cardholder agree to pay the above charges.