Legal Question in Consumer Law in California

Is this a ''Bait and Switch'' situation?

I made reservation via telephone for 2 hotel rooms on the island of Catalina for the month of August. I paid for a day in advance with my credit card to hold the reservation. A few days later I received confirmation in writing for the 2 rooms with a total balance due upon arrival. When we checked in we were told they were able to get us all into 1 room. When we looked at the room we realized there was no way we could all fit so we asked for the 2 rooms that we orginally reserved. We were told that due to an error on their part we only paid for 1 room so that was all we were getting and if we wanted a second room we would have to pay additional monies. We all came prepared with only so much money and when we tried to explain our position they refused to negotiate and told us to either 1)take the 1 room we paid for, 2) pay for the additional room or 3) leave. The entire island was now sold out and I told the manager that she knew I was between and rock and a hard place and she repeated to pay for the other room or leave. We ended up leaving and I had to pay an additional $600.00 for other accomadations. What is my recourse if any here?


Asked on 8/27/02, 3:31 pm

1 Answer from Attorneys
JEB Pickett Wynne Law Firm

Re: Is this a ''Bait and Switch'' situation?

If you have confirmation in writing showing receipt of a deposit for 2 rooms AND THE AMOUNT THAT WOULD BE OWED at the time of arrival, send a demand letter to the hotel, with a copy of the confirmation in writing and a copy of your bill for the extra room charges and demand payment for the difference(i.e., the difference between the amount paid and the total amount you would have been charged.) If there is no response, small claims court will be your best recourse. (This would also force them to travel to your county to defend the action which may cost more than what you are owed.) You may also report them to the BBB.

Carefully review your "confirmation" first. You may find that it makes no representation about the full charge for the two rooms. If the confirmation does not have express language to back up your contention, you may be out of luck. When it comes to shopping, buying and reserving on the internet.....Buyer be Especially Aware is the motto.

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Answered on 8/27/02, 4:01 pm


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