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Hotel Guest Smoking Chargeback

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Serenity01

Junior Member
What is the name of your state (only U.S. law)? California

So I'm an assistant manager at a hotel in California and this particular guest smoked in one of our rooms. On our registration form, it does state that there is a $200 fee if the guest smokes in the room, there is a sign in the lobby - right next to the front desk, and since I checked the guest in, I was sure to mention the non-smoking policy.

Anyway, the guest ends up smoking in the room, which is confirmed by myself, my manager, and our housekeepers. We had taken a security, as that was our policy, and charged him $200. We did not take any pictures.

He called a few days later, after he noticed the charge and I spoke to him. I told him that he smoked in the room and that is why he was charged. He claimed that he didn't smoke but admitted that his friend smoked in the bathroom (the bathroom is in the bedroom). I told him that there is nothing I can do, he initialed next to the non-smoking part on the registration, and he violated that agreement. He said that he was going to file a charge back so I redirected him to my manager who gave him about 50% off the normal fee (so a $100 refund).

A month later, we get a charge back for $200, even though we processed the $100 refund. I was talking to my manager and the general manager and I felt that we should proceed with an appeal, but my GM said that we should avoid the headache because there was a $500 risk if we lost the appeal.

Anyway, my questions are the following:
1) Is the $200 charge back valid, even though the refund was processed?
2) Do we even stand a chance? We have his signature on a signed slip with the $200 security. We also have a receipt showing a $100 refund was given, showing he agreed to drop the charge back if he didn't have to pay the full $200. But we don't have any pictures of cigarette butts, etc.
3) How does a hotel protect itself from charge backs like these?

P.S. the guest stayed with us before and while he smoked in the room, there was no odor because he borrowed our fan and returned it covered in soot and ashes (used it as an exhaust) and orange juice. My higher ups didn't pursue it because there was no odor.

Would appreciate any advice. I'm trying to learn the hotel business, so I'd like to discuss all angles with my managers. Thanks
 


xylene

Senior Member
These sorts of shenanignas are an inevitable result of antismoking clap-trap that prohibit or make impossible the simple and obvious solution of offering a limited number of smoking rooms to the 10-15% of your customers who smoke.
 

Zigner

Senior Member, Non-Attorney
Your company's attorney/legal department should be able to advise you on this matter.
 

justalayman

Senior Member
Would appreciate any advice. I'm trying to learn the hotel business
then listen to your GM, you know, the guy that has the power to fire you anytime he wants to when he says this;

I was talking to my manager and the general manager and I felt that we should proceed with an appeal, but my GM said that we should avoid the headache because there was a $500 risk if we lost the appeal.
While you might consider approaching your superiors speaking of the possibilities, I suggest keeping them in the; not actually suggesting we do this but was simply looking at all the possibilities here, you know, to improve your knowledge of the business.
 

LdiJ

Senior Member
What is the name of your state (only U.S. law)? California

So I'm an assistant manager at a hotel in California and this particular guest smoked in one of our rooms. On our registration form, it does state that there is a $200 fee if the guest smokes in the room, there is a sign in the lobby - right next to the front desk, and since I checked the guest in, I was sure to mention the non-smoking policy.

Anyway, the guest ends up smoking in the room, which is confirmed by myself, my manager, and our housekeepers. We had taken a security, as that was our policy, and charged him $200. We did not take any pictures.

He called a few days later, after he noticed the charge and I spoke to him. I told him that he smoked in the room and that is why he was charged. He claimed that he didn't smoke but admitted that his friend smoked in the bathroom (the bathroom is in the bedroom). I told him that there is nothing I can do, he initialed next to the non-smoking part on the registration, and he violated that agreement. He said that he was going to file a charge back so I redirected him to my manager who gave him about 50% off the normal fee (so a $100 refund).

A month later, we get a charge back for $200, even though we processed the $100 refund. I was talking to my manager and the general manager and I felt that we should proceed with an appeal, but my GM said that we should avoid the headache because there was a $500 risk if we lost the appeal.

Anyway, my questions are the following:
1) Is the $200 charge back valid, even though the refund was processed?
2) Do we even stand a chance? We have his signature on a signed slip with the $200 security. We also have a receipt showing a $100 refund was given, showing he agreed to drop the charge back if he didn't have to pay the full $200. But we don't have any pictures of cigarette butts, etc.
3) How does a hotel protect itself from charge backs like these?

P.S. the guest stayed with us before and while he smoked in the room, there was no odor because he borrowed our fan and returned it covered in soot and ashes (used it as an exhaust) and orange juice. My higher ups didn't pursue it because there was no odor.

Would appreciate any advice. I'm trying to learn the hotel business, so I'd like to discuss all angles with my managers. Thanks
No matter what type of business you are in, not dropping an issue when your GM says to drop an issue, is a great way to make yourself a problem in the eyes of management. Believe me, they have no interest in "discussing all angles" with you.
 

cbg

I'm a Northern Girl
These sorts of shenanignas are an inevitable result of antismoking clap-trap that prohibit or make impossible the simple and obvious solution of offering a limited number of smoking rooms to the 10-15% of your customers who smoke.
Yes, we must by all means expose the housekeepers to secondhand smoke and incur extra charges for cleaning the smoke out of the carpets and bed linens and curtains. Not to mention the smoke seeping out of the smoking rooms and into the nearby non-smoking rooms. And if you don't believe that happens, it's been too long since you were a non-smoker.

Far easier, IMO, for guests to simply obey the rules.
 

davew128

Senior Member
Yes, we must by all means expose the housekeepers to secondhand smoke and incur extra charges for cleaning the smoke out of the carpets and bed linens and curtains. Not to mention the smoke seeping out of the smoking rooms and into the nearby non-smoking rooms. And if you don't believe that happens, it's been too long since you were a non-smoker.

Far easier, IMO, for guests to simply obey the rules.
Amen. My response to people near me who refuse to stop stinking me up with their smoke is to respond by sending a methane odor of my own in their direction. Pull my finger please.
 

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