Help Needed, Breach of Contract - W New York - Union Square

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Mar 24, 2015
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#1
Hi Everyone,

I reached out to Christopher earlier today and he asked me to post on the forum to get some help on an issue I've been having.

I've spent the last two weeks dealing with a major breach of contract I had at the W New York - Union Square. The hotel sold me a room more than 6 months ago, suitable for throwing a party, and after all of the plans had been made with them and the invites were sent out, they told me that they couldn't host it.

They then said that they could host it, but only for an extra $5,000.00. I negotiated with the hotel and Starwood's corporate offices, but they only agreed to shave $1,000.00 off the new demand to take it to $4,000.00, plus the nearly $2,000.00 I already agreed to pay them.

I've been posting extensively online about my issue on the forum, FlyerTalk, and have received more than 100 comments and 8,000 views. The forum can be viewed here: http://www.flyertalk.com/forum/starwood-starwood-preferred-guest/1663046-advice-needed-hotel-breach-contract-w-new-york-union-square.html

On Friday, March 13, I sent an e-mail to Starwood's executive office with the following information:

The W New York - Union Square has engaged in deceptive marketing practices, making material misrepresentations in their room descriptions, that if not rectified will cause significant damages—the exact amount of these damages is currently unknown.
On August 14, 2014, I made a reservation for the Extreme Wow Suite for my birthday at the W New York - Union Square checking in Saturday, April 25, 2015 and checking out Sunday, April 26, 2015. At the time the room description had the following verbiage:
“Magnify your stay with a full view of Union Square Park’s greenscape, winding paths and cobblestone accents from the wraparound couch in this thoroughly redesigned marvel. Make it your own with an interchangeable wall unit whose functions range from a DJ booth to a dining table for six. Host a sizeable gathering thanks to the separate living room’s ample seating and entertainment center with a 55-inch flat screen television. When the party’s over, escape to the Jacuzzi. (1,000 Square Feet / 93 Square Meters)”
I subsequently made additional reservations for surrounding rooms that are both connecting and non-connecting to the suite.
Over the past week, I have been in contact with a representative of the hotel, (redacted), who is responsible for, among other things, supporting the needs of the property’s guests.
I informed Ms. (redacted) of my intention to have a small gathering in the suite and requested a tour of the suite. Ms. (redacted) complied with my request on Wednesday, March 11, 2015, and informed me that the party would be possible, in addition to offering a number of suggestions on how the suite could be used. Ms. (redacted) also accompanied me to the hotel’s restaurant and bar where she offered me several drinks to continue to discuss plans for the party.
Subsequently, I sent out a number of invitations to the party at the W to my friends and family.
On Friday, March 13, 2015, Ms. (redacted) sent me a message via e-mail informing that the property would not be able to host my party and “this type of setup would not comply with our property's nonparty policy”. Additionally, the hotel’s marketing manager changed the description of the room on the hotels website to remove verbiage to suggest that the suite could be used for parties. I found an original version via Google’s web cache and have pasted it above.

Please let me know if you can help!

Thanks,
Andrew
 
Mar 24, 2015
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#4
Doesn't Starwood have someone monitoring that forum. Find out who he is an PM him or use our Starwood contacts (http://elliott.org/company-contacts/starwood/). Put it in writing and start at the lowest level that does not duplicate your prior efforts. Good luck. Keep us posted.
I did that already. The e-mail above was addressed to the Starwood contacts and that's how I got connected to the guy in Guest Experience Intelligence / Consumer Affairs Executive Division.

I also e-mailed the Starwood Lurker
This was what I got back:
Thank you for the email. My apologies if the negotiations with W Union Square did not go well. Other than this, there is not much more I can add as you are already dealing with folks within the company way above my pay grade and responsibility.
Good luck. And, wherever you decide to spend your birthday, I hope you and your guests have a great time.

Also, I do have an e-mail from the hotel rep expressing her excitement that I'll be having my party at the hotel.