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I made a hotel reservation on January 16 for a room with 2

 
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Customer Question

I made a hotel reservation on January 16 for a room with 2 bed for 7/18 - 7/24. I received a confirmation email w/ all the details confirmed. I called 7/14 to confirm reservation & was told they had us in room w/ one king bed. I informed them this was incorrect & I had a confirm email saying otherwise. I was told there's nothing they could do since the hotel is currently sold out.

I made my reservations 6 months ago, is it my problem they just sold out? Is there anything I can do?

 

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State/Country relating to question: California

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I talked to reservation agents and a reservation supervisor.

Submitted: 264 days and 9 hours ago.
Category: Consumer Protection Law
Value: $30
Status: CLOSED

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Expert:  CounselorJim replied 264 days and 8 hours ago.


CounselorJim :

What we have here is a possible breach of contract case. When there is a contract, both parties can be held to its terms. You must have promised something other than a king -sized bed so you did not receive what was promised. To determine the rights of the parties in such a situation, we would have to look at the agreement between you and the hotel. Unfortunately, it most likely has terms that are quite favorable to the hotel since the hotel writes that agreement, and no one looks at it unless they experience a problem. I don't mean to say that this is irresponsible, if everyone read every agreement they entered into instead of just clicking "agree," they would hardly get anything done.

I would normally suggest filing a complaint with the California Dept of Consumer Affairs, which can be done here:

https://www.dca.ca.gov/webapps/cru/gencomplaint.php

You could state what you have here, and perhaps also include the reason why the king-sized bed doesn't meet your needs. The problem here is that you are leaving in a few days. In that case, you can inform the hotel that you will contact this office if the issue is not resolved. You can also state that you will investigate what legal options may be available to you (which will depend on that agreement).

I would try to deliver this message to someone other than the reservation agents or supervisor, as you're not getting the response that you are looking for from them. A letter to the corporate office of the hotel chain might be more effective, and you would probably have to send it by overnight mail at this point.

If you want to give me the name of the hotel, I can look online for more information if you like.

The courtroom answer would be that you could sue for a breach of contract, however the case may or may not be successful depending on the language in the agreement. Additionally, since the hotel is not giving you the promised room, you could cancel the reservation altogether, although again, I would look at that agreement before doing so. If I had the hotel name, the agreement may be online as well.

Despite our having few options in this case, I hope you found this answer to be an excellent one. If you need additional information such as contact information for the hotel or have any other questions, please click on the tab labeled "Reply to Expert." Thank you, Jim.

Expert TypeLawyer
Category: Consumer Protection Law
Pos. Feedback: 99.4 %
Accepts: 359
Answered: 7/15/2012

Experience: I've worked for a large company for 8 years, and regularly deal with the terms under which goods and services are provided.

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