Legal Question in Business Law in Bahamas

Hotel Cancelled my prepaid reservation.

Several months ago I reserved and prepaid at Holiday Crowne Plaza reservations in the USA, but for Bahamas, for 4 rooms for 1 week each for Dec. 27- Jan 3. I checked after the Bahamas had the Hurricane and they told me they would re-open in November. I received a letter on Tuesday informing me that the hotel would not open until April, and that they would ''work on'' refunding my money, saying it was an ACT OF GOD (the hurricane was, but they know they are in a prone area, and have not said maybe on accepting my money, plus most other hotels are open or opening- I think they just want to remodel). They are offering nothing towards our contract, and I feel they are breaching the contract by not helping me find suitable rooms (the comparable rooms are now over double the price, because of timelieness (all the lower prices are sold out at the other hotels). I want them to honor the contract and find me suitable, comparable facilities and price. Jefferies ''Understanding Hospitality Law'' does not cover any situation like this, other then we have a binding contract.

Wonder if ''Act of God'' voids our contract if not stated on any thing they have sent or told me for sure.


Asked on 10/30/04, 8:00 pm

1 Answer from Attorneys

Robert Luedeman solo practitioner

Re: Hotel Cancelled my prepaid reservation.

Near's I can figure out you have the basis for a lawsuit if they do not honor the contract by which you tendered money. Unless I miss my guess the fine print will strictly limit your remedies and as you have not posted any of the pertinent details of the agreement at issue, it is impossible to say what your remedy might be, or what their obligation under the contract to provide altrernate facilities in the event of an act of G-d might be. I find it difficult to believe that the hotel would voluntarily undertake to secure you accomodations that now cost twice as much as what you paid for.

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Answered on 10/31/04, 9:36 am


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