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Law Educator, Esq.
Law Educator, Esq., Attorney
Category: Legal
Satisfied Customers: 88439
Experience:  JA Mentor -Attorney Labor/employment, corporate, sports law, admiralty/maritime and civil rights law
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Dear Attorney: Expedia Itinerary #162314321496 – DISPUTE Today

Resolved Question:

Dear Attorney:

Expedia Itinerary #162314321496 – DISPUTE

Today 9/6/2013, my husband and I checked into the Baymont Inn Hotel in Asheville, NC. We travel through-out the US and have never experienced what we just recently experienced in this hotel.

1.) We always check into hotels that are not pet-friendly because too often pet owners are not responsible enough to make sure their pets are taken outside to relieve themselves; thus the rooms are smelly and often times stained.
2.) We travel with a small silky terrier that we make sure he has water/food and is walked every 2 hours religiously throughout the stay - this includes throughout the night; with an automatic fan that is used if we believe the temp would rise over 80 degrees in the car. He never enters the hotel. He is a pampered pet and he so deserves it.
3.) We checked in a little after 2 on 9/6/13. I walked our dog and got fresh water for him; rolled the windows down and entered the hotel to shower and change to meet my step son for dinner (our dog would have been with us). As I stepped out the shower the Front Desk Clerk was on the phone saying we had to leave because they did not accept pets. I assured her that is why we chose this hotel. We do not stay in hotels that accept pets. And, our pet was more than taken care of. I asked her please do not disturb us again.
4.) She (Katie Upchurch) called back and stated that, “We have to ask you to leave?” Our plans were to check in; change and meet my husband’s son for dinner and our daughter would spend the night with him at his house. No intentions of us (my husband and I) leaving this hotel; until asked to do so.
5.) We left asking for a total refund - but she told me I would have to take it up with Expedia.
6.) I called Expedia, which was in a different part of the world - so I had a difficult time trying to explain the dilemma, but they sided with the owners' and informed me if I attempt to fight it, through my credit card company that I would lose. The lady from foreign Expedia ( I don’t know where this call center was but they had a difficult time understanding English and I had a difficult time understanding them) said I would lose because I made a reference to the owners being foreign - which I did. I asked who owns this hotel. I asked is it American owned or Indian or Iranian? I found out from Expedia that it is East Indian owned and she too was East Indian and that is why (I assume) she sided with the hotel! OUTRAGEOUS!!!!!! We left before 4:30 p.m. and they are refusing to refund our money. We did not want to leave – they made us leave. I have a signed Registration stating a $250 fine for bringing a pet into the building – I signed it knowing we would never bring our pet into the building! (attached)

Stayed at the Sleep in across the street from them; which is pet-friendly, but we did not want to stay in a pet-friendly hotel. (attached)

How can this be happening in America? The owners and help at this hotel are lying. The hotel clerk told Expedia that I brought my dog inside - this is a blatant lie. I say PROVE THIS AND I SWEAR I WILL PAY NOT ONLY FOR ONE NIGHT, BUT I WILL PAY FOR A FULL MONTH! Our dog never, ever was in this hotel! She told Expedia that I told her I was leaving the hotel- Lie! She asked us to leave!
I request, and by all that is right, expect a full refund. I have been wronged and had to pay for another room for the same night. I need justice. Customer& David Sperling– XXX-XXX-XXXX
Submitted: 9 months ago.
Category: Legal
Expert:  Law Educator, Esq. replied 9 months ago.
Thank you for your question. I look forward to working with you to provide you the information you are seeking for educational purposes only.

What you are alleging is that the hotel itself has breached its contract with you for putting you out when you did not actually violate their rule or policy. You can start this by first filing a complaint with the Better Business Bureau and trying to get them to resolve the matter. If the BBB cannot resolve this issue for you, which they can do in most cases, then your recourse is you have grounds based on your information above to sue in small claims court in NC where the hotel is located and seek to recover your money from them for them improperly having you leave the hotel in breach of the contract they had with you.

This is your legal recourse in this matter if the hotel refuses to deal with you, since your contract may have been through Expedia, but it was with the hotel itself and the hotel itself breached the contract with you.


I truly aim to please you as a customer, but please keep in mind that I do not know what you already know or don't know, or with what you need help, unless you tell me. Please consider that I am answering the question or question that is posed in your posting based upon my reading of your post and sometimes misunderstandings can occur. If I did not answer the question you thought you were asking, please respond with the specific question you wanted answered.

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Also remember, sometimes the law does not support what we want it to support, but that is not the fault of the person answering the question, so please be courteous.

This is NOT the practice of law nor is it legal advice to you, it is merely educational information for you to use to seek out a licensed attorney in your state to get actual legal advice from them. Please use sites such as http://www.martindale.com or http://www.lexmundi.com or http://www.hg.org to find a local attorney to get actual legal advice in all matters.

Law Educator, Esq., Attorney
Category: Legal
Satisfied Customers: 88439
Experience: JA Mentor -Attorney Labor/employment, corporate, sports law, admiralty/maritime and civil rights law
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