Hotel Screw Up

[Medicjoe95]

I apologize if this is not the correct location to post. I recently booked a hotel in Las Vegas, Nevada, and now I got an email 8 days before I am supposed to arrive saying they are switching us to a "sister" hotel because they are overbooked. The sister hotel is substantially lower quality and the hotel seems to not want to refund our money/deposits but is more than willing to refund half of our money (because the rooms are half the rate at this incredibly cheaper quality hotel).

Their terms and conditions online never state they "Reserve the right to move you to a sister hotel". I question if this action is legal and whether or not they have the inherent right to move us to a sister hotel after they overbooked and whether or not we have legal rights to our deposit.

Thanks

 

[quincy]

Hotels overbook. Although it makes economic sense for them to do so, by ensuring a full hotel if someone cancels, they are, essentially, breaking a contract with the person who reserves a room in advance and receives confirmation of the reservation.

If a hotel overbooks, it has a duty to locate another hotel for you. The industry standard is, and in most states hotels are required, to pay for the first night. If the substitute hotel is more expensive, the original hotel pays the difference in price for the entire stay. If the substitute hotel is less desirable than the one originally reserved, the hotel should pay for the inconvenience caused, including any additional expenses the change in hotel may cause.

Since the hotel has broken a contract with the person who reserved the room in advance, the hotel is basically trying to mitigate any damages by providing these alternatives.

You should ask the hotel to either honor your reservation or follow industry standards or refund all of your money.

The Department of Transportation Regulations say that any major changes in your travel plans caused by an overbooking gives you the right to cancel and receive a full refund when there is a substitution that is not named in the "operator-participant" contract.

You can always call Nevada Consumer Affairs if the hotel is being difficult. You can call their Las Vegas office at 702-436-7371.