Hotel Cleaning Fee - Help!

[pikeslayer]

What is the name of your state? Ohio.

Myself and 3 friends recently stayed in a hotel room in Pittsburgh, PA. We went to a baseball game then continued the party in the local bars. At 2:00 AM we had enough, so we proceded to walk back to the hotel. On the way back, one of my friends (the only smoker) smoked his last cigarette. He "field stripped" it when he was done and stuck it and his empty pack back in his pocket (he doesn't like to litter). Next morning, when cleaning out his pockets, he threw away the butt and the pack in the garbage can in the hotel room's bathroom. He then went downstairs bought a pack of cigarettes at the hotel gift shop, went outside and smoked one.

A week later I noticed a $200 cleaning fee showed up on my credit card. The hotel claims we smoked in the room and took a picture of an empty pack of cigarettes and a butt in the garbage can. Now I'm sure that room smelled of smoke due to the fact that 4 guys spent over 4 hours in smoked filled bars and then slept in the room for 6 hours.

Right now I am waiting on the hotel to call me back so I can explain the situation. If that doesn't work I plan to call my credit card company and dispute the charge.

What legal recourse do I have?

Can this legal process take place in my home state of OH or will I have to file in PA?

Think my credit card co. will back me up?

Help!!!!

 

[moburkes]

None. I agree with the hotel.

 

[seniorjudge]

You would have to sue in Pennsylvania.

Ohio courts are too busy with Ohio stuff.

 

[pikeslayer]

None. I agree with the hotel.

I was hoping that the hotel might have to prove I smoked in the room. Is this not how it works? I have no legal background.

 

[Zigner]

I was hoping that the hotel might have to prove I smoked in the room. Is this not how it works? I have no legal background.

Let's see. Room stinks of cigarettes, empty pack in the trash along with butts. Short of having you on video, it doesn't get much more proven than that!

 

[pikeslayer]

That's frustrating. So it comes down to who can convince the judge, regardless of the evidence, right?

This is not my situation, but suppose the cleaning lady had a smoke while she was cleaning the room. I would be screwed wouldn't I?

 

[moburkes]

What do you mean REGARDLESS of the evidence? What is the evidence that there WASN'T smoking in the room?

 

[seniorjudge]

That's frustrating. So it comes down to who can convince the judge, regardless of the evidence, right?

This is not my situation, but suppose the cleaning lady had a smoke while she was cleaning the room. I would be screwed wouldn't I?

No and yes.

The court decides on the basis of evidence. The circumstantial evidence is that y'all smoked in the room. Case over. You lose.

 

[pikeslayer]

What do you mean REGARDLESS of the evidence? What is the evidence that there WASN'T smoking in the room?

Well, for one, there is no evidence of combustion. Remember, the butt was field stripped. No ashes anywhere. You might say the ashes were flushed down the toilet, but who would flush there ashes down the toilet, carefully remove the remaining tobacco and ash from the butt, then put the butt in the garbage can? If you were (maybe you are) a judge, wouldn't this seem peculiar?

Smoke alarm didn't go off, and there is no exhaust fan in the room. No windows that open, either.

Would any of this qualify as circumstantial evidence?