Legal Question in Consumer Law in California
Regarding this clause - HOTEL LIABILITY: If for any reason beyond its control, including but not limited to strike, labor dispute, accident, act of war, act
of God, fire, flood or other emergency condition, the Hotel is unable to perform its obligations under this Agreement, such non-performance is
excused and the Hotel may terminate the Agreement without further liability of any nature, upon return of the Patron�s deposit. In no event shall
the Hotel be liable for consequential damages of any nature for any reason whatsoever.
Does my client get their deposit back or not?
1 Answer from Attorneys
This is a limitation on liability for hotel in case in breaches the contract. It certain can limited the amount of damages claimed by returning the deposit, but it doesn't explicitly say that the guest is ENTITLED to a refund. That's what judges are juries are for.
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