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Patrick H.
Patrick H., Lawyer
Category: Australia Law
Satisfied Customers: 5361
Experience:  Dip Law LPAB - Sydney based lawyer
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Can a hotel manager remove us from the hotel based on an

Customer Question

Can a hotel manager remove us from the hotel based on an employee claiming I threatened him when I certainly did not because I got angry and swore because he wouldn't let me into my room at 1am because the room wasn't booked in my name but hotel bond is on my card, iv stayed in the hotel the last week & they charged my credit card for a key for a room that wasn't in my name nor was the bond for that room my credit card?? Yet the chose to charge my credit card for $20
Submitted: 5 months ago.
Category: Australia Law
Expert:  Patrick H. replied 5 months ago.

Hello and thank you for your question.

Can you elaborate on why the hotel room was not booked in your name?

Whose name was it booked in and why?

Customer: replied 5 months ago.
One of my girlfriends who was also Staying with me and asleep in the room.. I told him this he tried to call with no answer and then just flattly refused to let me in even thought I could varify my girlfriends name & phone number, my credit card number which was used for bond & could bring up old issues with the domy we were staying at about charging unfair fees
Expert:  Patrick H. replied 5 months ago.

Hello again,

It isn't clear from what you have said whether it is you or your girlfriend who effectively contracted with the hotel for use of the room. The person who contracted for the room is the person who likely has a basis for taking legal action against the hotel for excluding you. Although you may have booked the room using your credit card, depending on what other information was provided at the time will decide whether or not you, your girlfriend or both were effectively parties to the contract. So in essence I think you need to work out who actually reserved the room and that person may complain about he hotel's refusal to allow entry.

Whether such a complain would succeed in recovering compensation will likely depend on whether a tribunal or court determines your having been excluded was reasonable in the circumstances. That will depend in large part on who the court believes when comparing your evidence and their evidence as to your behaviour and what they new about your role in booking the room. If the court accepts your behaviour was so poor as to justify their refusing to assist you or allow entry to the room, then likely you would be unsuccessful. witness evidence on this may be also supplemented with CCTV footage from security cameras which are common in hotels. Also relevant will be whether it was reasonable for the hotel to withhold access based on what information they had about the booking and the apparent fact that your girlfriend had made no arrangements for you to be admitted late at night, which would normally have been expected.

If you do wish to proceed with a claim then the place to bring it will likely be in your state's consumer claim tribunal (each state has its own system, but most have a tribunal, rather than a court to handle such claims).

I trust the above assists.

If you advise which state the hotel is in and which state you made your booking I can advise more specifically where you should bring such a claim if you wish to pursue action against the hotel.

Good luck and please rate my answer.

Patrick

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