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Hotel selling you rooms ex-parte, i.e. unauthorized charge of your card

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Old Feb 25, 2015, 9:07 am
  #1  
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Hotel selling you rooms ex-parte, i.e. unauthorized charge of your card

We had a topic last year on consumer best practices in cases of disputed discounts...But here: I'd like members to chime in with their theoretical knowledge/experiences of hotel's actions.

We just went thru an experience of Expedia's misnomer of a DISCVR200 coupon program. It's still arguably alive to now ONLY Discover Card bookings. But early February Expedia first offered it out without mention of Discover Card (I'd appreciate someone digging up and posting in printable format Expedia's original T&C). We booked 3, 4, 5-day stays using corresponding Expedia coupon codes. Some booked using their old Expedia accounts, and some opened Expedia accounts to book this deal. Expedia's site had our pre-paid bookings in good standing for over a week, when you logged into your account and checked your trips. Then, apparently, Expedia began to arbitrarily mark some bookings CANCELLED (mind you: an un-suspecting customer would not be logging into own Expedia accounts EVERY DAY. Some may have never logged-in again following the original booking, because Expedia emailed every account BOOKED prepaid itinerary. In my case of Feb.8 bookings, positive emails came same day. Not only the original emails: emails came Feb.16 reminding me that I had stay in certain city Feb.17-22, so those emails also appeared positive and ordinary.

So at Feb.17 check-in, hotel did find in their system Expedia's pre-paid rooms for me. Check-in clerk collected $20 refundable deposit (for incidentals) from my MasterCard, had me sign hotel's standard check-in conditions and gave me keys to 3 rooms. Late at night, shift manager found me in the pool area, handed me a mere post-it note bearing Expedia's customer service 800-number plus a ref# (apparently for transaction between Expedia and hotel) and told me to call and figure out why Expedia has apparently cancelled 2 out of 3 rooms I had. Expedia made no cancellation emails/phonecalls; but now logging in Feb.17 late night did now show CANCELLED in two Expedia accounts created in different names Feb.8; while my old Expedia account's room was just showing an uneventful IN-PROGRESS "Feb.17-22 stay."

As you know, call to 800- is never short. My cellphone would've died (plus my heavy room walls didn't facilitate my cell-carrier!), so I was stuck on hotel lobby payphone at least an hour, away from the sleeping kids. In the end of being passed to supervisors, then hanging up and calling Expedia again, even being disconnected a few times, the supervisors' best offer appeared a $50 coupon. I eventually said: OK, apply $50 coupon to exactly cover next day's stay. Supervisor billed just tax to my MasterCard (I never owned Discover), and confirmed rooms booked for Feb.18-19

Hotel personnel doesn't approach me again. All keys continue to work. Sometime Feb.18-19 I see no queu, and ask the day hotel clerk to look at all my rooms on her screen to tell me if any room had problems. She says: I see no problems, all rooms are fine thru Feb.22 . I assumed that Expedia had considered (appraised by me) complication of suddenly suspending two rooms with children (having never made cancellation emails/phonecalls) and reversed the two cancellations. Hotel desk made no comment to me whatsoever except that all my rooms showed paid thru Feb.22

At Feb.22 check-out, hotel takes my MasterCard and swipes it exactly same way they did at Feb.17 check-in. Only on Feb.22 it is done to refund $20 to my MasterCard, while on Feb.17 it was to charge $20 deposit. Both on Feb.17 and Feb.22 hotel had me sign the $20 MasterCard transactions receipts, kept signed receipts and gave me similar for my records. I now also ask as I'm saying good-bye to print-out my entire stay for each of 3 rooms, and suddenly find a lot of action on the last two rooms!! It shows that Feb.20 hotel sold my MasterCard two rooms for 5 days at the rate matching Expedia's site rate (which happened to be lower than hotel's rack rate but higher than other pre-paid non-cancellable sites' I used for Feb.16 stay at same hotel!) I'm asking early morning clerk: what are these sales of rooms to my MasterCard - I 1.never asked to buy rooms from hotel, 2.was never offered to sell me rooms, 3.never authorized more than $20 for incidentals deposit from my MasterCard.

Early morning clerk was searching on his screen in total bewilderment: he saw some Expedia payments moved by hotel's manager from my accounts, but could not comment or try to reach her on the phone for explanation. He was passing his overnite shift to day clerk who also didn't want to comment, except that I could wait till 10am for manager to get into work. But I had to start driving now, 7am Sunday, to beat the traffic...So they made notations for manager to call me same day, and also for Hotel's accountant to call me during the week!

I never got any calls, and Feb.24 I signed affidavit at my bank demanding return of unauthorized charges...This should be important discussion in light of this extraordinary deal, a deal in which numerous us are participating with very very very varied outcomes - even for non-Discover holders (again: I never owned Discover card, but my old Expedia account 5-day booking was never cancelled - while new Expedia accounts got a week or so later marked by Expedia as "booking CANCELLED BY CUSTOMER", with no Expedia's attempt of contact!)

I'm inviting this forum to chime in re: theoretical hotel practices and practical ways of obtaining restitution from the HOTEL (based on HOTEL's actions) and possibly Expedia (but Expedia's compensation is likely not directly related to HOTEL's actions)

Last edited by SinglePapa2; Feb 25, 2015 at 11:25 am
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Old Feb 25, 2015, 10:32 am
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There is an existing thread on this issue. Mods alerted.
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Old Feb 25, 2015, 11:01 am
  #3  
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Originally Posted by Adam1222
There is an existing thread on this issue. Mods alerted.
No. There is no existing thread on the issue of Hotels selling your Credit Card a room without any notification to you. It so happens that The original booking in my case was this prepaid Expedia booking. But main issue of this topic is U.S. Hotels' practices (selling rooms to my MasterCard without ever discussing the subject with me at all: whether I wanted to buy from the Hotel's personnel, whether I'd opt to buy from any on-line vendor, or whether I'd opt to check out if I hear Hotel's prices), not Expedia's practices

Last edited by SinglePapa2; Feb 25, 2015 at 11:37 am Reason: Clarifying why this topic is an important different topic
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Old Feb 25, 2015, 11:31 am
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Originally Posted by SinglePapa2
No. There is no existing thread on the issue of Hotels selling your Credit Card a room without any notification to you. It so happens that The original booking in my case was this prepaid Expedia booking. But main issue of this topic is Hotel's practices, not Expedia's.
then i don't think this is in the right section of the forum.
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Old Feb 25, 2015, 11:48 am
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Originally Posted by jxd
then i don't think this is in the right section of the forum.
I considered such view; but it does have to do with Hotels' actions that follow so many too-good-to-believe Hotel Deals published precisely in Hotel Deals section. Again, we're discussing here possible aftermath of a botched ONLINE COUPON DEAL. Just like a topic we had here of best practices by us during a shaky third party deal. What are permissible HOTELS' actions, and how to remedy a questionable HOTEL's action that may come as a result of our Hot Online Deal modified/retracted by Online Travel Agent

Last edited by SinglePapa2; Feb 25, 2015 at 11:55 am
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Old Feb 25, 2015, 12:12 pm
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What do you mean by selling rooms to your credit card? Do you mean charging?
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Old Feb 25, 2015, 12:43 pm
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Originally Posted by montezume
What do you mean by selling rooms to your credit card? Do you mean charging?
I'd love someone to come up with different term for what this HOTEL's management did in the aftermath of a botched Hot Online Hotel Deal. HOTEL didn't sell to me. HOTEL never offered me anything, HOTEL didn't have any conversation with me about selling me its rooms. HOTEL's manager, ex-parte (i.e. without my knowledge, opinion, option or any offer to me whatsoever to stay or to leave) entered into the log of the rooms (for which hotel originally checked me into as prepaid by third party Expedia) a certain price per night (which happens not to be best available thru other vendors) and charged my MasterCard posted as of Feb.20 (whose number I only provided as check-in deposit of $20 against incidentals) the amount of such arbitrary price+13%tax+daily resort fee multiplied by 5 nights from Feb.17-22, the period of the original prepaid Expedia booking against which hotel checked me in on Feb.17. If I first found out about this charge to my MasterCard after check-out on Feb.22, then who has the hotel sold to? Not to me; I never knew of that sale. I term it that HOTEL sold to my MasterCard. Only my MasterCard knew about it, I personally discovered the fact of such back-dated sale by chance after check-out on Feb.22
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Old Feb 25, 2015, 12:52 pm
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Originally Posted by SinglePapa2
I'd love someone to come up with different term for what this HOTEL's management did in the aftermath of a botched Hot Online Hotel Deal. HOTEL didn't sell to me. HOTEL never offered me anything, HOTEL didn't have any conversation with me about selling me its rooms. HOTEL's manager, ex-parte (i.e. without my knowledge, opinion, option or any offer to me whatsoever to stay or to leave) entered into the log of the rooms (for which hotel originally checked me into as prepaid by third party Expedia) a certain price per night (which happens not to be best available thru other vendors) and charged my MasterCard posted as of Feb.20 (whose number I only provided as check-in deposit of $20 against incidentals) the amount of such arbitrary price+13%tax+daily resort fee multiplied by 5 nights from Feb.17-22, the period of the original prepaid Expedia booking against which hotel checked me in on Feb.17. If I first found out about this charge to my MasterCard after check-out on Feb.22, then who has the hotel sold to? Not to me; I never knew of that sale. I term it that HOTEL sold to my MasterCard. Only my MasterCard knew about it, I personally discovered the fact of such back-dated sale by chance after check-out on Feb.22
There are no general US hotel practices. You have provided exhaustive detail about the specific situation you faced in "the aftermath of a botched Hot Online Hotel Deal" which is specifically the subject of another thread.

What is your question? You are convinced you have been screwed, so complain to mastercard.
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Old Feb 25, 2015, 1:19 pm
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Originally Posted by Adam1222
There are no general US hotel practices. You have provided exhaustive detail about the specific situation you faced in "the aftermath of a botched Hot Online Hotel Deal" which is specifically the subject of another thread.

What is your question? You are convinced you have been screwed, so complain to mastercard.
My question is whether a U.S. Hotel can do what it did: use the known to them MasterCard of mine (which never left my wallet), and sell me its rooms directly from them, at price they pick, back-dated, without my knowledge that such sale has ever taken place. Is question clear?

As to your suggestion to complain to MasterCard, I did on Feb.24 sign Affidavit about unauthorized charge at my branch. I don't know at what point the bank's procedure calls for restoring my account balance. I do notice there is a question within investigative form as to whether I received the goods/services for which I was charged. This is a complicated question, isn't it? I did end up using rooms Feb.17-22, but only because the hotel didn't squash my assumption of being charged zero beyond the original pre-payment by Expedia. Sure I continued my stay till Feb.22 under my assumption of $0.00 price for it. Would I use the rooms if I were told by the Hotel the price for me to consider was not $0.00? How much would I value each day of stay, given that hotel was not delivering its originally announced wifi, heated water in pool, working jacuzzi, cleanliness aspects, etc. So say hotel sets its rack price at $50; but then hotel doesn't deliver half of the crucial features during your stay...I frankly ended up just using beds for overnite hours. Not using each day of hotel stay, if all features were in working order all day. I ended up staying 5 nights; but I only did so under my assumption of $0.00 cost... Did 8 hours of sleep = roughly one-third of the 24h daily rate, or more? And what exact rate: another on-line booker gave me 30% lower than this hotel's own rate for my prepaid Feb.16 nite. Very complex answer to a form question: have I received the goods/service for which my card got charged? One fact is clear: my MasterCard has unauthorized charge on it. Was U.S. Hotel allowed to make that unauthorized charge?

Last edited by SinglePapa2; Feb 25, 2015 at 2:00 pm
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Old Feb 25, 2015, 1:33 pm
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Originally Posted by SinglePapa2
Originally Posted by Adam1222
There are no general US hotel practices. You have provided exhaustive detail about the specific situation you faced in "the aftermath of a botched Hot Online Hotel Deal" which is specifically the subject of another thread.

What is your question? You are convinced you have been screwed, so complain to mastercard.
My question is whether a U.S. Hotel can do what it did: use the known to them MasterCard of mine (which never left my wallet), and sell me its rooms directly from them, at price they pick, back-dated, without my knowledge that such sale has ever taken place. Is question clear?

As to your suggestion to complain to MasterCard, I did on Feb.24 sign Affidavit about unauthorized charge at my branch. I don't know at what point the bank's procedure calls for restoring my account balance. I do notice there is a question within investigative form as to whether I received the goods/services for which I was charged. This is a complicated question, isn't it? I did end up using rooms Feb.17-22, but only because the hotel didn't squash my assumption of being charged zero beyond the original pre-payment by Expedia. Sure I continued my stay till Feb.22 under my assumption of $0.00 price for it. Would I use the rooms if I were told by the Hotel the price for me to consider was not $0.00? Very complicated answer. But one fact is clear: my MasterCard has unauthorized charge on it
The hotel likely has another view of the situation, and the answer is maybe. It is unclear what rate you think you agreed to.
As Flyertalk is not a source of legal advice, I suggest you contact an attorney for a consultation. I'd also advise you to read the thread on the Discover promotion where others are discussing their experiences in similar situations.
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Old Feb 25, 2015, 1:34 pm
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Just curious, if the card never left your wallet, how did the hotel get the number? Expedia does not give it to them unless it is a "hotel pay" reservation. I thought you paid in advance, and were refunded?
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Old Feb 25, 2015, 1:38 pm
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Originally Posted by tatterdema
Just curious, if the card never left your wallet, how did the hotel get the number? Expedia does not give it to them.
Read OP: hotel did swipe my card for $20 incidentals at check-in, had me sign authorization for $20 and gave me same for my record. The card never left my wallet after Feb.17 check-in; the hotel never asked me for it, or ever offered to sell me anything, period.

Originally Posted by Adam1222
The hotel likely has another view of the situation, and the answer is maybe. It is unclear what rate you think you agreed to.
As Flyertalk is not a source of legal advice, I suggest you contact an attorney for a consultation. I'd also advise you to read the thread on the Discover promotion where others are discussing their experiences in similar situations.
Nobody should have to get an attorney re:$300 unauthorized charge. That's why we exchange knowledge and advice here. My question on the range of permissible HOTEL's acts with your MasterCard number might have been asked in other topics - but not answered, as much as I searched. This is a very important question

Last edited by Ocn Vw 1K; Feb 27, 2015 at 10:47 am Reason: Combine consecutive posts of same member; suggest using multi-quote feature.
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Old Feb 25, 2015, 1:44 pm
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Hotel selling you rooms ex-parte, i.e. unauthorized charge of your card

what rate did you think was going to be charged for Feb 20-22 if the best offer from Expedia was a $50 coupon on the 19th?

Unfortunately, it would be a violation of legal ethics rules for anyone to give you free definitive legal advice.
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Old Feb 25, 2015, 1:54 pm
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Originally Posted by SinglePapa2
Read OP: hotel did swipe my card for $20 incidentals at check-in, had me sign authorization for $20 and gave me same for my record. The card never left my wallet after Feb.17 check-in; the hotel never asked me for it, or ever offered to sell me anything, period.
Sorry, I had already read the story in the other thread. I was going off the post in this thread where you state the card never left your wallet.

I am assuming when you swiped the card, you signed a registration, with terms that I mentioned in the other thread, about being liable if the 3rd party fails to pay. I am not saying it is right (I don't think it is), I just think that is what it will come down to. I think your best bet is that if you signed the reg card, it should also show ZERO rate....

That is about the best you are going to get here, is a whole bunch of different ideas, from different people, and probably still end up right back where you started. Hope your CC dispute works.

Just to add :-)

Personally, I would not have expected a call back from the hotel, and then jumped straight to a dispute when I didn't get it. If you contact the hotel GM yourself, it possibly could be resolved quickly and easily, without all the drama.

Last edited by Ocn Vw 1K; Feb 27, 2015 at 10:48 am Reason: Combine consecutive posts of same member; suggest edit to earlier post.
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Old Feb 25, 2015, 2:17 pm
  #15  
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Originally Posted by tatterdema
Sorry, I had already read the story in the other thread. I was going off the post in this thread where you state the card never left your wallet.

I am assuming when you swiped the card, you signed a registration, with terms that I mentioned in the other thread, about being liable if the 3rd party fails to pay. I am not saying it is right (I don't think it is), I just think that is what it will come down to. I think your best bet is that if you signed the reg card, it should also show ZERO rate....

That is about the best you are going to get here, is a whole bunch of different ideas, from different people, and probably still end up right back where you started. Hope your CC dispute works.
Your effort to discuss is the best so far. And the amount at stake doesn't kill anyone. But I see the similar intricacy during almost all Hot Deals in this section - and that's why I'm seeking more precise answers. The check-in forms used may be sloppy, they may be outdated, they may be unclear in substance or in font, consumer is encouraged by clerk to initial here, here, here and here in 2 seconds to keep the flow moving...In my case, the forms came out of the printer low on ink, some forms may carry old hotel name within terms, the hotel has recently rebranded and all forms have new name - but the name reflected charging my MasterCard is the previous Brandname, i.e. the hotel that has been wiped off all maps and letterheads months ago...

Main question remains: is it permissible for U.S. Hotel to act in this fashion vs. the MasterCard resting in your wallet, never authorized
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