Lost all phone data by robber employee in Marriott

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Jul 26, 2017
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I had a terrible incident related crime/misdemeanor in Bangkok Marriott last June.

On 14-June, 2017, visited Bangkok Marriott to go to rooftop bar, Octave and left my phone when I had stopped off at restroom on the first floor Lobby. Couldn't find mine on the day and next day, accompanied policeman to check CC TV, then realized that the thief was Marriott hotel employee cleaning the restroom. After examining her, found my phone, but it was already initialized and there was nothing - Photo, Video and contract number saved for several years.
(After coming back to my country, Korea, found another evidences she use my phone such as downloading instagram and facebook, then logged her account after initializing. Captured all evidences and shared with Hotel)

The biggest reason why I should have found it was for the precious Photos and Video. For last six months, I was on a sabbatical after hard working for 10 years. To have rest and spend dear holiday profitably, traveled several countries and cities - New York, Australia, New Zealand, Hawaii and Bangkok for last six months with my family and friends. And all memories was saved in my phone. It's not just photos and video, but my life and history. But, all was wiped off by the employee! As I didn't back up, tried to recover the data with the most capable private service center, but it wasn't possible. Moreover, found a maggot inside while recovery work. According to the expert, someone already dismantled to initialize it illegally and seems it made the maggot inside. Even if I found the phone, it's not mine anymore.

I asked Bangkok Marriott to compensate $8,000 which is 1/3 expense of trips last six months (there are more cherish photos from other holidays and events, but didn't add them) and replace with new phone as I don't want to use the dirty one at all. However, Bangkok Marriott said that they can only offer to change a new phone and nothing for lost data. What I claimed this is for the lost date mainly, not for only new phone.

I feel that Marriott is not a will to have any responsibility to hire a robber. Tried to solve this over a month with Bangkok Marriott, but no further improvement. So I reported this to Asia head office VP, but they don't have any response despite of reading my message. Believe it's not right service mind and action as a board member for the complaint about incident by their employee!

Found a similar case like me and a man won lawsuit from Apple for lost data. Even though It was not intentional happening by Apple store worker, they should compensate the man. However, my case is a premeditated crime by Marriott employee.
http://www.techtimes.com/articles/1...-his-iphone-data-and-irreplaceable-photos.htm

I'm not complaining customer about most tolerable things and frequent traveler for holiday and business trip.
Hotel guests & customers should be able to ask a maid to make a room and public area doubtlessly and if they found something from their working area, must turn it to the lost and found department without hesitate. There should be no tolerance for the action. However, Marriott employee was irresponsible for her duty under hotel policy. If Marriott had hired a honest and diligent employee, I could have regained my phone as original with all data. This incident is a definitely crime occurred by Marriott employee.

I feel so sad whenever I think the lost photos and video as it was my life. But I don't know what to do by myself. What can I do? Pls adv. Thanks.
 

johnbaker

Verified Member
Oct 2, 2014
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@moah Use the company contacts above to reach out to to Marriott. Keep in mind that companies rarely pay for lost data especially since almost every phone made has the ability to back itself up on a regular basis.

Good Luck
 
Nov 14, 2016
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So you want $8,000 for your lost photos because you left your phone and it was stolen?

You can use the contacts to try to demand this from Marriott but they are just going to laugh. If you really want to seek that amount of compensation you would need an attorney. This isn't something we can advocate.
 

Patina

Verified Member
Dec 22, 2015
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Write to the execs using our Company Contacts link at the top of the forum. Write to one at a time waiting at least one week for a reply before moving to the next name on the list. Be very brief, polite and professional in your correspondence. They do not owe you anything so demanding reimbursement will garner nothing.

You did not ask for any opinions but I am going to give you mine anyway! If the data was as valuable to you as you say, it was vital that you backed it up in a cloud storage on a regular basis. Your phone could just as easily have been stolen from you at any point in your travels (pickpocketed, for example) or damaged beyond repair (dropped on a street and run over by a car). Your lack of safeguarding the data does not justify your financial demand from Marriott. But, we are not here to be judge and jury. We are here to give you some tools to self-advocate, it is up to you to manage your expectations.
 
Jul 26, 2017
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So you want $8,000 for your lost photos because you left your phone and it was stolen?

You can use the contacts to try to demand this from Marriott but they are just going to laugh. If you really want to seek that amount of compensation you would need an attorney. This isn't something we can advocate.
hummm..yes, i did leave my phone. But, the matter is that hotel employee picked it up, then initialized illegally and used it. If I found a wallet on the street, can I take it as someone leaves by mistake? It's not right and would be one of embezzlement. Anyway, thanks for your frank and sharp comment.
 
Apr 10, 2017
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hummm..yes, i did leave my phone. But, the matter is that hotel employee picked it up, then initialized illegally and used it. If I found a wallet on the street, can I take it as someone leaves by mistake? It's not right and would be one of embezzlement. Anyway, thanks for your frank and sharp comment.
Of course you deserve compensation for a stolen phone. Marriott has offered to pay for a replacement phone. However, you are seeking 8K for lost data and they are not going to pay that. If you have insurance on the phone and it was lost or damaged all you would get would be a refurbished replacement one. You wouldn't get anything for lost data.
 
Jul 27, 2016
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Marriott's doing the right thing by offering to buy you a new phone. As for the lost data, if it doesn't have any actual monetary value (i.e. if you had a track record of selling your photos for money, things might be different), so I think you'll have a very tough time getting them to compensate you.
 
Nov 14, 2016
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hummm..yes, i did leave my phone. But, the matter is that hotel employee picked it up, then initialized illegally and used it. If I found a wallet on the street, can I take it as someone leaves by mistake? It's not right and would be one of embezzlement. Anyway, thanks for your frank and sharp comment.
Moah, I'm sorry that's not what you want to hear but I don't provide false hope. I try to provide the best possible approach for someone so they can arrive at a reasonable solution. Unfortunately, there isn't a reasonable solution in this case because you want to claim that Marriott should pay an exorbitant sum for your lost photos. While your case is unfortunate, the only thing you're owed is the value of your phone to which Marriott has already extended an offer. If these photos were truly important there was every opportunity to upload them to the cloud over the past six months which you chose not to do.

I'm also an amateur photographer who occasionally sells a picture. Trust me, I understand your emotional loss when photos go missing. But I also know that under US law (and that doesn't apply here) the intrinsic value of your photos is $0 unless you had a guaranteed buyer. I remember studying that at Cardozo. As such, there's nothing here to advocate. If you truly think that Marriott should compensate you for the photos your only recourse is to seek the advice of an attorney.
 
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Aug 28, 2015
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What you describe is not possible. Sorry. None of these replies understands how Apple and the cloud, etc works.

The fact that you were careless with the phone isn't even relevant. Even assuming You do not understand how to use your device, find my iPhone, etc, which you don't if you reversed all the default settings, your device and content are not related, in this scenario.

Your content has no value anyway. Literally 5000 people go into the Apple Store every day freaking out over content and it's usually their candy crush score and pics that no one has any interest in.

YOUR MEMORIES ARE IN THE CLOUD, and your brain, and not in your device.