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Ben Jones
Ben Jones, UK Lawyer
Category: Law
Satisfied Customers: 49786
Experience:  Qualified Solicitor - Please start your question with 'For Ben Jones'
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I made a number of hotel room bookings sub-contractor.

Customer Question

I made a number of hotel room bookings for a sub-contractor. I completed pre-authorisation forms for each booking agreeing that all meals/refreshments during the stay and the room cost could be charged to my debt card.
The pre-authorisation form including the specific booking reference number (which was clearly for one room, for one person and even gave the name of the person).
The sub-contractor I used then decided to take a friend and booked another room. The hotel charged this second room (which was nothing to do with me and not part of my booking) to my card.
I contest this with them via my bank and the issue has rumbled on. The hotel manager says that he will only refund the payments I believe were unauthorised IF I can prove that my sub-contractor has paid for them. I feel that the second room booking was made by someone else and was not part of the booking reference that I gave them. The sub-contractor had no authority to use my debt card. I feel that the contract for the second room exists between the sub-contractor and the hotel and therefore how they get paid for this room is nothing to do with me.
Please could someone advise where I stand legally?
Kind regards, ***** *****
Submitted: 2 years ago.
Category: Law
Expert:  Ben Jones replied 2 years ago.
Hello what evidence do you have to support your views on this please?
Customer: replied 2 years ago.
I have the reservations that clearly state - "beneficiaries: 1 adult". (The bookings are in my name because that this all the website would allow, but I always added to the notes page the name of the guest). I also have copies of the pre-authorisation forms that include the unique booking reference for each stay, the name of guest (singular), date of stay, number of nights and that I will pay the full account for that booking.
The sub-contractor also told hotel staff to sign us up for a paid membership card (which they had no right to do) and the hotel took the fee for this. They have subsequently admitted that they had no right to take that and have refunded the money for that.
Expert:  Ben Jones replied 2 years ago.
Have you tried to pursue the subcontractor for the money which was charged to your card for that extra person which they brought in?
Customer: replied 2 years ago.
She claims to have already paid at the hotel. The hotel says it's not possible for them to double charge. I have asked her to contact the hotel with the evidence and she has repeatedly said she would, but it seems she hasn't. I wasn't sure where I stood on these grounds as I had no involvement in the booking - she hadn't even told me that she was taking a friend with her.
She is booked to do some local work for me and I was slightly concerned about 'rocking the boat' and her pulling out of that work, which would leave me unable to service a clients training needs. Equally, at the moment all her invoices to me are paid. Once she completes the scheduled work I will owe her for this work and I thought that might provide an incentive for her to produce evidence of the payments she claims to have made. (Although I was concerned that this might put me in vulnerable position as the two pieces of work are unrelated).
Expert:  Ben Jones replied 2 years ago.
Whilst you may not have given the subcontractor the authorisation to add additional charges to your card, the hotel may have thought there is an apparent authority on them to do so if for example they were acting as your agent. They do not need written confirmation from you to do that and it would also depend on what the subcontractor had told them. However, you should not have to pay for something which you had not given the authorisation to be charged for. So if the hotel has charged you the additional amount you can pursue them for this and it would then be for them to pursue the other party which incurred these costs. Alternatively you could also pursue the subcontractor for incurring these charges on your account without your authority. The only issue here is that they claim to have already settled this bill with the hotel and the hotel have charged you, so if that is true then the hotel have taken payment twice. In that case they would definitely have to refund you. Therefore, if possible you should try and get proof from the subcontractor that they have paid the hotel already and use that as an argument to shoe that you should be refunded. This is your basic legal position. I have more detailed advice for you in terms of the steps you need to follow should you decide to take the matter further, which I wish to discuss so please take a second to leave a positive rating for the service so far (by selecting 3, 4 or 5 stars) and I can continue with that and answer any further questions you may have. Don’t worry, leaving a rating will not close the question and we can continue this discussion. Thank you
Expert:  Ben Jones replied 2 years ago.
Hello, I see you have read my response to your query. If this has answered your question please take a second to leave a positive rating by selecting 3, 4 or 5 stars from the top of the page. I spend a lot of time and effort answering individual queries and I am not credited for my time until you leave your rating. If you still need further help please get back to me on here and I will assist as best as I can. Many thanks.