Hounded by travel company

[trolly61]

About 10 days ago, I paid some money off my credit card bill as it was almost at my limit, so I didnt want to go over and get charged. I know it takes a couple of days to go on there as thats what they informed me. I was online looking to book a hotel for a couple of days, found one at a great price and it was less than I had paid off my credit card, so I decided to try to pay for it with my card, hoping my recent payment had gone thru. It was accepted by the online travel company, but it did say that I would receive a confirmation email within 48 hours, confirming my payment had gone thru. I got a call the next day from the company informing me that it hadnt, so could I arrange another form of payment. I told them I would need to wait a few days. My travel plans then changed so I left a message on their voicemail saying that I couldnt book the original hotel but that I would rebook using my debit card, which I did. The guy from the company is now hounding me, saying that I have to pay for the original booking from when my card was declined. He said the company paid it for me. Surely not. If a card is declined, thats it. I had a look on their terms and conditions and it says that you enter into a contract with them ONLY when your payment has been confirmed by the credit card company, which mine wasnt. I mean if you buy something online and your card is declined, they dont pay it for you then come after you. This guy is threatening me now with lawyers, saying that the company paid it for me, but everyone is saying that if the cards declined its declined, and I never asked them to pay it for me. Can anyone advise me as this is stressing me out as he keeps calling me?

[dzug]

A little bit of a grey area.

Your credit card was declined - so no contract. Well no contract to provide you with a hotel room - possibly still a contract to pay.

You agreed to find another method of payment - there's a hint of a contract there, the T&C notwithstanding.

You need to point out to them the clause in the T&C. They will either agree with you and back off or they will continue to chase you. You can either pay it or defend it in court if they take it that far.

You'd also need to check that nothing else in the T&C is relevant - you can't take one clause on its own.

[trolly61]

Ok thanks for your answer. I will check the T & C again. I just cant believe he is hounding me like this, as I subsequently paid �300 for my further booking, so its not like I havent booked with them at all. I think hes being really unreasonable. All my friends say hes trying to pull a fast one as when something is declined thats it. But I will check the T & C again.

[trolly61]

This is from the T & C:

Your booking is confirmed, subject to our Booking Conditions and subject to your payment being cleared by your credit card issuing bank

The contract will be effective once full payment has been received for a confirmed booking.

I think these are the only two relevent things in the T & C's.