It was the most embarrassing and disturbing events I have ever had at a hotel

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Should I take legal action?

  • Yes

    Votes: 0 0.0%
  • No

    Votes: 8 100.0%

  • Total voters
    8
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Oct 10, 2018
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#1
I recently stated in a Hotel in Ohio and had a fantastic stay but a horrible experience the last day and need to know what I should do.

My wife and I traveled to Ohio, I had meetings all day Saturday and half day on Sunday until 12:30 pm. When a reserved the room I had a special note added that I needed to check out late (1:00 pm) due to my meeting schedule. On the way to the hotel I verified by calling the hotel on hands-free (car blue tooth speaker- so my wife heard the conversation) that the late checkout was okay with the hotel, the normal checkout was 11:00 am. When I checked in I asked again about the late checkout and it was verified by the clerk at the desk. The visit was nice to Ohio, the meetings were great and the room meet or exceeded our expectations. We spent some time that Saturday night and enjoyed the local food (we had a great time).

On Sunday I was concerned my meeting was going to run long so I called the hotel asking if I had to, could I stay until 2:00 pm. The lady on the phone said – “I show you had a late checkout but our cleaning crew needs to get done and you would be the last room to clean.” I told her that I understood and we would get out as quick as we could.

My meeting didn’t run long, it actually got out early and thus I got back to the hotel around 12:30 pm. My wife told me the cleaning lady just walked into the room at/around 12:00 pm without knocking – even with the do not disturb sign on the door. I told her that makes no sense because we have a 1:00 pm checkout and I called that we might be later. Next thing I know – we receive a HUGE BANGING on the door, “Housekeeping!” the person screams. I walk over to the door and yell thru the door, “we have a late checkout”. The person replies, “Late checkout means 12:00” and I replied, “We have a late checkout for 1 pm and it is not my fault you were not told”. The person uses the master key and attempts to enter the room, I say, “Woe woe woe I told you we check out at 1 PM and it is not my problem that you were not told.” He says in a very threatening way, “ If you are not out, I am going to charge you a late checkout fee”. I became angry and stated, “If you try to charge me we are going to have a problem. Plus, don’t come down here threatening me” and a closed (slammed) the door.

We decide to leave anyway, the time is 12:35 pm and we are parked just outside an exit door. When we roll our luggage outside and behold the police have been called and two cars are present. I am now totally embarrassed and furious at the same time. As a disabled veteran, high-stress situations will impact my PTSD. The hotel guy is talking to the police and pointing in our direction. In spite of the fact we were never asked to leave, he told the police we refused to leave. I was mortified and told the police I wanted a copy of the police report he replied, “there will not be one unless you want to make it into one.” I think to myself, “great this guy showed up ready to put someone in jail”. He (the younger policeman) tried to bait me into starting an argument with him and I couldn’t understand his aggressive behavior.

I had a traveling job for seven years and have over 600 nights in hotels and never had I been treated like this. It was the most embarrassing and disturbing events I have ever had at a hotel. I asked the officer, “Would you not be upset if this happened to you?”. The older officer replies, “If your version of the facts is true, then yes I would be upset also”.

According to my rights to privacy, I was not accused of any acts that would have resulted in being divested as an occupant and guest of the hotel. I paid for my room and had the means and ability to for additional time if needed. I was not performing any illegal or destructive behavior to have the police called. The hotel staff failed to inform me of an issue with a late checkout until someone from housekeeping tried to enter our room. The only exception to staying later, was the fine that housekeeping tried to threaten me with. I was not asked to leave the premises, nor did anyone tell me I was evicted. It was the most injurious and thoughtless behavior I had ever witnessed by someone in the hospitality business.

What should I do next?

Frank
 
Mar 23, 2015
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#2
You weren't charged an additional fee; you weren't arrested or cited or ticketed. Personally? I'd say take a deep breath and thank heavens that it didn't escalate anymore. Yes, there was a miscommunication with the housekeeping staff, it sounds like, but to me, even your own description of the events makes it sound as if you, too, got pretty (verbally) aggressive, as well as slamming doors. Time to move on. Eventually maybe you can look back and tell the story at dinner parties.
 
Sep 19, 2015
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#3
You really put up a poll asking about taking up legal action? Exactly what would you sue for?

Once there was a misunderstanding at noon why didn’t you wife go to the front desk manager?

Why did this resort to veiled threats “we are going to have a problem” anger and door slamming?

I have had key cards deactivated for late checks out and other issues but what I do is calmly go to the front desk and talk to the manager. Slamming doors, yelling not my problem and getting angry is not a good tactic.

Many business travelers and tourists check out and leave their luggage with the desk if there is a concern about meeting running late or late check out charges.

Why did you not bring this up to the manager when checking out.

You paid for the room until 11 — and the late check out was a courtesy. If there is miscommunication then go to the manager.

I doubt the police came looking to put someone in jail over a minor issue that escalated out of proportion. For such things there generally is not a report unless one party insists on making a complaint and that was what you were asked.
 
Oct 10, 2018
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#5
You really put up a poll asking about taking up legal action? Exactly what would you sue for?

Once there was a misunderstanding at noon why didn’t you wife go to the front desk manager?

Why did this resort to veiled threats “we are going to have a problem” anger and door slamming?

I have had key cards deactivated for late checks out and other issues but what I do is calmly go to the front desk and talk to the manager. Slamming doors, yelling not my problem and getting angry is not a good tactic.

Many business travelers and tourists check out and leave their luggage with the desk if there is a concern about meeting running late or late check out charges.

Why did you not bring this up to the manager when checking out.

You paid for the room until 11 — and the late check out was a courtesy. If there is miscommunication then go to the manager.

I doubt the police came looking to put someone in jail over a minor issue that escalated out of proportion. For such things there generally is not a report unless one party insists on making a complaint and that was what you were asked.
4th amendment right to privacy protects me in this situation - Thanks for your feedback-
 
Oct 10, 2018
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#6
You weren't charged an additional fee; you weren't arrested or cited or ticketed. Personally? I'd say take a deep breath and thank heavens that it didn't escalate anymore. Yes, there was a miscommunication with the housekeeping staff, it sounds like, but to me, even your own description of the events makes it sound as if you, too, got pretty (verbally) aggressive, as well as slamming doors. Time to move on. Eventually maybe you can look back and tell the story at dinner parties.
Thank you for the feedback - I have a call into the manager's office to talk this out. Have a blessed day
 
Sep 19, 2015
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#7
4th amendment right to privacy protects me in this situation - Thanks for your feedback-
The 4th Amendment refers to searches and seizures.

"[t]he right of the people to be secure in their persons, houses, papers, and effects, against unreasonable searches and seizures, shall not be violated, and no Warrants shall issue, but upon probable cause, supported by Oath or affirmation, and particularly describing the place to be searched, and the persons or things to be seized. "

I am not seeing how this is applicable to an issue over late check out time.
 

Neil Maley

Moderator
Staff Member
Advocate
Dec 27, 2014
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www.promalvacations.com
#8
If you believe your rights were violated- you need to contact an attorney. They are the ones who can tell you if your rights were violated.

When you spoke to all these people, did you ask just for late checkout or did you specify 1pm? There is a difference in the two. Why didn’t you ask to speak to the people you spoke to requesting the late checkout so they could verify that they told you 1 pm was acceptable? The woman you spoke to the lady time told you she couldn’t allow you to stay until 2 due to the cleaning needing to be done.


Life is too short to sweat this. You weren’t arrested or charged extra. You are never going back to this hotel, are you? Speaking with your wallet is the best defense. There are so many worse things in life.
You asked for our expertise- we are giving it to you. No we don’t think you have a lawsuit. Why argue if we are doing what you asked?
 
Oct 10, 2018
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#10
As per the 4th amendment you were in their house not in your house
The Supreme Court has stated that “the Fourth Amendment protects people, not places.” However, the Court has conditioned this statement by stating that “the extent to which the Fourth Amendment protects people may depend upon where those people are.” Specifically, “an overnight guest in a home may claim the protection of the Fourth Amendment,” Thus, a hotel room, as “a temporary abode,” receives the same Fourth Amendment protections as a home.

United States v. Washington, 573 F.3d 279, 284–85 (6th Cir. 2009) (apartment tenant in violation of lease maintained an expectation of privacy because the landlord did not evict him); United States v. McClendon, 86 F. App’x 92, 95–96 (6th Cir. 2004) (invalid sublet in violation of lease insufficient to render expectation unreasonable); United States v. Allen, 106 F.3d 695, 699 (6th Cir. 1997) (occupant with insufficient funds possessed an expectation of privacy until locked out).
 
Feb 16, 2018
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#11
4th amendment right to privacy protects me in this situation - Thanks for your feedback-
No, the fourth amendment does not apply to your case because it was not the government that you are claiming acted in violation. My hope would be hat you could work it out with management over a misunderstanding. Also the officer was not giving you attitude, there are no reports generally produced unless someone is arrested for a crime.
 

Neil Maley

Moderator
Staff Member
Advocate
Dec 27, 2014
13,767
13,213
113
New York
www.promalvacations.com
#12
The Supreme Court has stated that “the Fourth Amendment protects people, not places.” However, the Court has conditioned this statement by stating that “the extent to which the Fourth Amendment protects people may depend upon where those people are.” Specifically, “an overnight guest in a home may claim the protection of the Fourth Amendment,” Thus, a hotel room, as “a temporary abode,” receives the same Fourth Amendment protections as a home.

United States v. Washington, 573 F.3d 279, 284–85 (6th Cir. 2009) (apartment tenant in violation of lease maintained an expectation of privacy because the landlord did not evict him); United States v. McClendon, 86 F. App’x 92, 95–96 (6th Cir. 2004) (invalid sublet in violation of lease insufficient to render expectation unreasonable); United States v. Allen, 106 F.3d 695, 699 (6th Cir. 1997) (occupant with insufficient funds possessed an expectation of privacy until locked out).
If you are convinced you are correct - you need an attorney. The 4th amendment applies to police searching and seizing property or entering a hotel room without permission for an illegal search. That didn't happen. They never entered your room or attempted to search you or seize anything, did they? They entered the room to clean it after you hadn't left according to the hotel's policy of what late check out time is.

You didn't answer several questions that were asked above - such as if you only asked for late checkout or asked to check out at 1PM. If you had an employee who told you 1PM was ok - all you needed to do was identify the employee that told you that. You could have even asked to pay a little extra to get yourself situated.

I am a Veteran and want to thank you for your service. A few of my friends have PTSD and I understand how stressful situations can affect you. I'm sorry this happened but there is really nothing here that was done illegally - it was really a big misunderstanding.

You will never see any of those people again so there is no reason to be even be "embarrassed". Let it go - it isn't worth holding anger about this. Your pocketbook is how to make a difference. And leaving an appropriate review on Trip Advisor.
 
Last edited:
Likes: fdwest
Sep 19, 2015
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#13
As pointed out the 4th Amendment is about government search and seizure ie law enforcement.

If you do believe your civil rights were violated talk to an attorney.

A problem with late check out can easily be addressed at the time with the manager on duty. In general it is best to address a problem at the time if possible.

It never helps to resort to yelling or slamming doors as one loses the high ground when an establishment makes a mistake.
 

jsn55

Verified Member
Dec 26, 2014
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#14
I'm sorry this happened, you did all the right things to arrange a late checkout but it sounds like the hotel people were untrained and not very hospitable ... and you didn't respond calmly. No harm done, tho. My mother taught me a very important lesson: "Why should you be upset at others' behaviour? You'll never see these people again." In the future, whenever you are occupying a hotel room, be sure to have the safety lock engaged so that nobody can enter your room unless you admit them. This is especially important as more hotels are experimenting with allowing people to use a cell phone as room key. If someone tries to barge in, call the front desk and report it.
 
Apr 3, 2016
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#15
Most hotels reserve the right to enter your room as needed. Many hotels are now insisting they enter your room once every 24 hours (no matter if you have the do not disturb sign out or not). This is a direct result of the Las Vegas massacre.
As a suggestion, in the future, if you are not going to make the checkout time and the hotel is not extending your checkout time (or pressuring you to get out), could your wife leave the room and wait for you in the lobby/hotel cafe.

Overall - Life is short. I would just take a few deep breathes and let it go. You can just never go back to that hotel /chain (if you want).
 
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