If a resort gave me a room that was not what I reserved, can I do anything about it?
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If a resort gave me a room that was not what I reserved, can I do anything about it?
I reserved an oceanfront room last year for my honeymoon. When I got there they said I reserved a mountain view room which was actually a parking lot view. I asked to upgrade they said they were fully booked. So I asked for my money back and they said they would but I wouldn’t find another hotel on such short notice. So I took the room thinking I made the mistake. When we were packing to leave I found my original confirmation and it did say it was an oceanfront view room. What can I do about this? I feel like I was frauded like a bait and switch. It ruined my honeymoon.
Asked on March 18, 2012 under Business Law, Washington
Answers:
SJZ, Member, New York Bar / FreeAdvice Contributing Attorney
Answered 12 years ago | Contributor
There is little you can do about it: even if it was their mistake--or even deliberate act--you cannot recover for the emotional upset or disappointment; all you could recover, if you sued, would be economic damages, such as the difference in value or price between the ocean view room and the room you received, which is probably not worth suing for.
You may have better luck contacting the hotel (or its corporate parent), letting them know how disappointed you were, and letting them know that unless they compensate you for the disappointment, you will go to travel websites and blogs, local media, etc. and let everyone know that they ruined your honeymoon and refused to take responsibility. As long as you only tell provable truths (e.g. the room you confirmed, vs. the one you were given), you would not be committing defamation and so should be able to do this. This might motivate the hotel to offer you something.
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