Charged for a full night

  • Hi Guest, welcome to the help forum. You can get fast answers to your customer service questions here. We have a dedicated team of advocates who are ready to help. Just go to the section that matches your question and ask us!
  • If you've posted a question or issue for our advocates to assist with, please be sure to check back frequently for responses and requests for clarification.
  • Did you know you can get email notifications when something new posts to your favorite forum? It's easy. Just click the "watch" link right next to the "post new thread" button at the top of your favorite forum. The rest is easy. Now you'll never miss another conversation.
  • Want to become an expert user? Drop by the How to use this forum section and all will be revealed. We'll show you how to make the most of your experience.
Status
Not open for further replies.
Sep 7, 2018
7
1
1
51
#1
Granted, the stay was up in the air and I was busy driving on the road for what amounted to be a long day, I didn't cancel. The next day I called the establishment and asked. He informed me I was responsible for the full night. My position is that a bailor / bailee relationship fits this and while I should have called, the establishment should have called to confirm if I was still coming. Normal check in is 3:00PM. By check in or even earlier most guests are there seeking to use the facilities (after all, we all pay more and get less time).
By 8:00PM, it would seem reasonable for the establishment to call to confirm and mitigate the situation by renting the room, if someone calls or walks up for a room. Typically, an establishment will claim they held the room but after a certain amount of time into the evening, if it can, it is entitled to rent the room and might do so. This would result in charging twice. I think I would need to see proof the room remain vacant and then a 50:50 split. Any thoughts?
 

Neil Maley

Moderator
Staff Member
Advocate
Dec 27, 2014
14,700
13,757
113
New York
www.promalvacations.com
#2
What does the confirmation you received at booking say? It is never on the hotel to call you to ask if you are coming- you are responsible for notifying them.

Typically you have a time frame to cancel by. It can be up to 6 pm on the night of the reservation, it can be 72 hours before or it can be nonrefundable if that’s the rate you bought.

Whatever the cancellation policy is on the reservation is, if you didn’t cancel before that time frame, you owe for the penalty on the res. You contracted under those terms.
 
Jul 13, 2016
163
292
63
56
#3
I think you are out of luck on getting any monies back. You didn't cancel, and didn't show up. The hotel has no obligation to call you. They have your money and will be keeping it, whether you show up or not. They probably did not rent your room out, depending on the location and size of hotel.

If they had called you, would you have answered whilst driving? if you could answer the phone, why couldn't you pull over and make the call to cancel?
 
Oct 13, 2015
105
334
63
49
#4
You no-showed for a reservation and want to pin this on the hotel? You think hotels should void all reservations by 8pm and hope for walk-ins? By your own argument, people looking for a place to stay are already there by 3pm so nobody's looking for a place by 8pm.

My family traveled to Glacier, Yellowstone, Panama City, DC, and San Jose this summer and we didn't arrive even close to 3pm at any of the lodgings. I'm glad all of these places held our reservations until the evening/late night when we did arrive.

As someone who used to handle complaints and appeals, I would have happily rejected this one.

From your name, I assume you're an attorney. What does the contract/confirmation say?
 
Sep 7, 2018
7
1
1
51
#5
I don't know what the written policy was and neither was the policy disclosed on the phone. Presumably, it would be the policy which is customary for a business of like kind. However, I know that it is standard to mitigate losses or a duty to do so generally. If the room did get used and the proprietor fails to disclose that then he is not entitled to full value. It would be fair to ask for the records. See here: "When a contract is breached, the non-breaching party has a duty to mitigate damages. Although UCC 2-708 and UCC 2-709 appear to say that a seller can recover his expectation interest and retain the goods, this is not the case. A seller has an obligation to mitigate his damages by attempting to sell the goods." We all have a duty to mitigate damages....sitting around when it was possible to rent the room, for example regardless as to whether maximum capacity had been reached or not. Other times when I made reservations, the proprietor reminded me that if I didn't show up by 6:00 or 8:00PM the room availability was not guaranteed. Not mitigating your losses / damages is not okay. I would hope others would appreciate duties go both ways....and splitting the difference is....just fair.
 
Sep 7, 2018
7
1
1
51
#6
I think you are out of luck on getting any monies back. You didn't cancel, and didn't show up. The hotel has no obligation to call you. They have your money and will be keeping it, whether you show up or not. They probably did not rent your room out, depending on the location and size of hotel.

If they had called you, would you have answered whilst driving? if you could answer the phone, why couldn't you pull over and make the call to cancel?
It was a very long drive, plus in my state hands free phone conversations are okay. I could receive a call but not call out without pulling off or violating the law. With the stress of the day, I wasn't thinking about anything but getting home. We need to have some understanding in transactions. It may be a right but rights are both ways.
 
Oct 13, 2015
105
334
63
49
#7
I don't know what the written policy was and neither was the policy disclosed on the phone. Presumably, it would be the policy which is customary for a business of like kind. However, I know that it is standard to mitigate losses or a duty to do so generally. If the room did get used and the proprietor fails to disclose that then he is not entitled to full value. It would be fair to ask for the records. See here: "When a contract is breached, the non-breaching party has a duty to mitigate damages. Although UCC 2-708 and UCC 2-709 appear to say that a seller can recover his expectation interest and retain the goods, this is not the case. A seller has an obligation to mitigate his damages by attempting to sell the goods." We all have a duty to mitigate damages....sitting around when it was possible to rent the room, for example regardless as to whether maximum capacity had been reached or not. Other times when I made reservations, the proprietor reminded me that if I didn't show up by 6:00 or 8:00PM the room availability was not guaranteed. Not mitigating your losses / damages is not okay. I would hope others would appreciate duties go both ways....and splitting the difference is....just fair.
You're the legal expert. Is there any duty on your part to mitigate your losses? Surely you could have pulled over to make a call?

I'm an optometrist and there are similarities between my field and travel which is that my time (I only do exams, I don't own a dispensary) is what I sell and once that time block is over, it's gone and I can't recover it. So you're telling me that if patients no-show and don't call, it's my job to track them down and ask if they're coming or not? And after a certain point, it's my job to go out and try to find someone to fill that slot? And what happens if I can't find someone? My staff and I just don't have the time to track down everyone who's late and ask them where they are and how late they'll be. We don't have time to go out and hustle business if people on the books don't show.

I know it sucks to pay for something you didn't use. I'm organizationally challenged so I've paid when I got dates mixed up. I've paid to change the dates on plane tickets. In fact, I can see myself doing what you did. But I paid, no complaints, because they were my mistakes.

You obviously feel like you have a case and you're the legal eagle. Why not sue them?
 
Jul 13, 2016
163
292
63
56
#9
It was a very long drive, plus in my state hands free phone conversations are okay. I could receive a call but not call out without pulling off or violating the law. With the stress of the day, I wasn't thinking about anything but getting home. We need to have some understanding in transactions. It may be a right but rights are both ways.
So you admit that you had the ability to canceled it (by pulling over and calling), but didn't think about it. And you expect the hotel to return some amount of money to you as well as prove they rented the room? I am sure the hotel contract states that you will lose the cost of 1 night, or cost in full, if you fail to cancel by X date and X time. You didn't cancel within that time frame, so you are SOL. The hotel does not have to prove anything to you. You can choose to take your business elsewhere in the future--but I don't think they'll mind. There are thousands of other future guests that will book with them.
 

jsn55

Verified Member
Dec 26, 2014
7,317
7,139
113
San Francisco
#10
What does the confirmation you received at booking say? It is never on the hotel to call you to ask if you are coming- you are responsible for notifying them.

Typically you have a time frame to cancel by. It can be up to 6 pm on the night of the reservation, it can be 72 hours before or it can be nonrefundable if that’s the rate you bought.

Whatever the cancellation policy is on the reservation is, if you didn’t cancel before that time frame, you owe for the penalty on the res. You contracted under those terms.
I think we're being played here, boys and girls. It's not reasonable to expect a hotel to not charge you if you don't show up for a guaranteed reservation. There's something else going on here.
 
Feb 21, 2018
84
145
33
57
#11
However, I know that it is standard to mitigate losses or a duty to do so generally..
The hotel had no duty to 'mitigate damages'...there was no reason whatsoever to try to re-book the room. They already had your money - the room was paid for based on their knowledge that you didn't cancel by the deadline.

Kind of like a baseball stadium with 45,000 seats and they can claim it is a sellout, even if only 35,000 seats are filled. If they actually sold the other 10,000 seats, as far as they are concerned they were full-up.
 
Sep 19, 2015
3,173
4,346
113
48
#13
As a lawyer you must realize the profession has a lousy reputation. Have you ever asked your self why?

People arrive at hotel room before midnight and after. One could arrive at 4 am and still get a good 6 hours sleep before check out at 11.

I have arrived many times close to midnight when I am on road trips.

People pull over to make calls — that is not unreasonable-- not calling -- isn't that negligence on your part? Your hands free phone does not voice calling? Where does your negligence come into this scenario?

I am actually stunned at attempts to rationalize the act of neglecting to call. You were a no show. No one is obligated to chase you down.
 
Last edited:
Dec 19, 2014
84
128
33
46
#14
Yes, you are obliged to pay for the room.

The room is guaranteed. Therefore it doesn't matter whether you show up at 4PM, 8PM, 12AM, 4AM or 6AM, you will have to be accommodated. If your room was unavailable, then you would have been "walked."

The shortest "stay" I ever had at a hotel was when I checked in at 3AM and checked out at 5AM. Same person who checked me in, checked me out, and was really worried that something was wrong. A 6 hour flight delay was not the fault of the hotel!
 
Sep 7, 2018
7
1
1
51
#15
I am stunned at how brain washed most people are....Businesses / corporations get away with too much. They take and actually give less. While that may seem normal to many of you, I reject it. While I share in the blame, the proprietor is able to call as much as I am. A 50-50 split is fair.
These obligations are to be both ways. If you don't like it then I can't help that. I am tired of consumers taking the hit both in the general interactions and in court. This is where the business also has an obligation to mitigate damages and to call or if another person asks for a room, that one room is rented out first. This "hold it" for whatever long isn't reasonable especially if the person hasn't called in or the business owner feels no obligation to verify. In many cases, the room didn't sit empty, since someone else did likely ask for a room. Only facts or evidence to the contrary can firm that up. Otherwise, it is called self-fulfilling prophesy or double dipping.
It is not just one -sided like most of your seem convinced. I am not here to argue. You may delete my thread.
 
Likes: lindatravels
Sep 7, 2018
7
1
1
51
#16
Yes, you are obliged to pay for the room.

The room is guaranteed. Therefore it doesn't matter whether you show up at 4PM, 8PM, 12AM, 4AM or 6AM, you will have to be accommodated. If your room was unavailable, then you would have been "walked."

The shortest "stay" I ever had at a hotel was when I checked in at 3AM and checked out at 5AM. Same person who checked me in, checked me out, and was really worried that something was wrong. A 6 hour flight delay was not the fault of the hotel!
Nor is the delay yours.
 
Sep 7, 2018
7
1
1
51
#17
As a lawyer you must realize the profession has a lousy reputation. Have you ever asked your self why?

People arrive at hotel room before midnight and after. One could arrive at 4 am and still get a good 6 hours sleep before check out at 11.

I have arrived many times close to midnight when I am on road trips.

People pull over to make calls — that is not unreasonable-- not calling -- isn't that negligence on your part? Your hands free phone does not voice calling? Where does your negligence come into this scenario?

I am actually stunned at attempts to rationalize the act of neglecting to call. You were a no show. No one is obligated to chase you down.
Mitigation of losses is required. It surprises me just how anti-consumer / one sided thinking people are. These things are not often in anyone's control and the obligations should be expected two-directions. This lack of civility and understanding shows in the world we live in today.
 
Sep 7, 2018
7
1
1
51
#18
The hotel had no duty to 'mitigate damages'...there was no reason whatsoever to try to re-book the room. They already had your money - the room was paid for based on their knowledge that you didn't cancel by the deadline.

Kind of like a baseball stadium with 45,000 seats and they can claim it is a sellout, even if only 35,000 seats are filled. If they actually sold the other 10,000 seats, as far as they are concerned they were full-up.
There is a difference between confirmed and guaranteed.
 

Neil Maley

Moderator
Staff Member
Advocate
Dec 27, 2014
14,700
13,757
113
New York
www.promalvacations.com
#19
We don’t delete threads, but I will close this from further comments. We’ve answered what you initially asked and now it’s simply getting argumentative.

If you challenge the hotel and win please come back and let us know how you did it and we can update it.

You don’t say the name of the hotel but if it’s a major hotel chain, we have company contacts on our site with names and emails of executives. Feel free to use that.
 
Status
Not open for further replies.