As you may know, attrition clauses are a part of standard hotel contracts and are used to ensure that organizations fulfill their contracted obligations. Attrition fees are applied when a conference group cannot fill at least 80%, or an otherwise agreed upon percentage, of the contracted number of rooms.
If you feel that they are defrauding you, then you may sue them. A plaintiff has the burden of proving each element of fraud claim by clear and convincing evidence. These elements are:
1. A false representation
made by the defendant;
2. Defendant's knowledge or belief that the representation is false (or insufficient basis for making the representation);
3. Defendant's intention to induce the plaintiff to act or to refrain from acting in reliance upon the misrepresentation;
4. Plaintiff's justifiable reliance upon the misrepresentation; and
5. Damage to the plaintiff resulting from such reliance.Lubbe v. Barba, 91 Nev. 596, 540 P.2d 115, 117 (1975).
The issue here is that you have no way of legally demanding documentary proof
unless you actually file suit, in which case discovery can be executed to get that documentation from them. So you can either threaten to file suit unless they so the documentation, or do so. A demand letter from an attorney may do the trick.
I hope you found my answer helpful, and if so please do not forget to click ACCEPT
. This is the only way for me to get credit for my work – I receive no credit for my time with you unless you actually press ACCEPT
, even if you already have a subscription
. If you need more information, please use the REPLY
button and I’d be more than happy to answer to your satisfaction. There is no fee for follow up questions before or after accepting, if we continue the conversation. If you feel that I went an extra step to help you, a bonus in the form of another accept or an “add on” (available after you accept) is truly appreciated