Legal Question in Business Law in California

Hotel charge

We stayed at a hotel for 3 nights. Upon check in we were informed and signed a notice that we were aware there was a $500 charge if we smoked in the room. We did not at any time smoke in our room but low & behold, we got home from our trip to find a $500 charge to our credit card (we were not informed at check out). I've requested the hotel reverse the charge but in the meantime, is this legal? They can't possibly have any proof we smoked in the room since we did not at any time!


Asked on 7/30/08, 3:55 pm

2 Answers from Attorneys
Audra Arndt Audra A. Arndt & Associates, PLLC

Re: Hotel charge

It is legal for them to charge fees for smoking or other damage to the room if that provision was on the document you signed. However, this is often a scam (this happened to me a year ago!), and yes, they need to have proof that any smoke, odor, or cigarettes left in the room were from you, and not placed there by housekeeping, or simply made up.

I have actually walked in a hotel room and found a pack of cigarettes laying on the floor - not from me!

You need to dispute this in writing to the hotel manager or headquarters. You can also try denying the charge on your credit card, however, they will likely not remove it, at least not yet.

If you cannot get anywhere with the hotel, I strongly suggest you pay a lawyer a hundred bucks to write a few letters to get this taken care of, if you are truly innocent.

Please feel free to contact me for help - I will do it for very cheap, since this happened to me, and it pisses me off!

Thanks.

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Answered on 8/01/08, 11:44 pm
Timothy Klisz Klisz Law Office, PLLC

Re: Hotel charge

You need to take it up with your credit card company. You can dispute the charge with them. It sounds like a raw deal. You should win that battle. Visit www.kliszlaw.com for more details. Tim Klisz

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Answered on 7/30/08, 4:26 pm


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