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Richard, Attorney
Category: Business Law
Satisfied Customers: 55608
Experience:  32 years of experience practicing law and a businessman.
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I just got married and had a wedding reception at a hotel in

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I just got married and had a wedding reception at a hotel in Davenport, IA. During the reception, we found out that the hotel served the wrong chicken than what the contract stated, they also did not provide us with premium brand liquors which was also stated in the contract. The next day one of the hotel reps spoke with us and decided to waive our Food and Beverage minimum ($8000) and gave us a $5 discount on all the plates, also would upgrade my rewards status with the hotel. We already paid the minimum in advance of the event. Now the hotel is going back and forth and asking us to pay the minimum. My wife and I were highly disappointment by these two major issues. We have a conference call set up with the hotel for Friday. I wanted to know if I had to go the legal route, what are my chances of being compensated for their mistakes?
Welcome! My goal is to do my very best to understand your situation and to provide a full and complete answer for you.

Good morning. You absolutely have recourse here. The hotel breached your contractual agreement. What you want to do is raise the stakes on them so that they know that not complying with your demands is going to cost them far more in the end than simply giving you your refund now. In your phone call you should detail their specific failures to perform, make your demands, and insist that they agree to your demands within a short specified period of time. Inform them that if your demand is not timely complied with, you will have no choice but to file a suit against them for your damages. Be sure to specifically mention that you will be filing this claim not only as a breach of contract case, but also as deceptive trade practice, gross negligence, and fraud actions, which will entitle you not only to your damages, but also an additional amount equal to multiple times your actual damages as punitive damages. That should provide plenty of incentive to comply with your demands; but, if it does not, file your suit.

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Customer: replied 4 years ago.

Would it matter that we have no proof (evidence) other than ourselves/guests to solidify our claim? Although we did bring all these issues up at the reception to a hotel rep. Do I a limited time to file this suit in Iowa?

Thanks. The testimony or affidavits of you and your guests would be sufficient evidence to satisfy your claim. Especially, your guests. And, you can call as a witness the hotel rep you brought up the issue at the reception and other hotel employees...if they lied on the stand, they would be subject to criminal prosecution for perjury and most are not willing to lie when they risk criminal prosecution. Ohio has a 10 year statute of limitations where there is a written contract although obviously the more time that goes by, the harder it is to prove your case because witnesses' memories fade etc.

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Thank you so much for the positive rating! I appreciate having had the opportunity to serve you! If I can be of assistance to you in the future, just look me up and I will be happy to help! For easy access, my bookmark is: