Legal Question in Business Law in California

I booked 2 rooms in a hotel San Diego for 5 days through Priceline. I paid it when I booked them and it was not refundable. In the afternoon of the day we were there, I checked in one room for 2 adults. At night about 8:00pm, my wife checked in the other room under her name for 2 adults and 2 kids. The manager got mad for un-known reasons and said it was too many people. He required us leave "my property immediately" otherwise he "will call the police" We had no other choices and left to find another hotel at night about 10:00pm. The rooms have two queen beds and the max people living in should be 4.

The manager really messed up my vacation with my family. Any possibility I can sue the hotel for double refund and compensations? The hotel charged me one night fee, even the manager kicked us out at night


Asked on 10/23/09, 8:40 pm

2 Answers from Attorneys

Edward Hoffman Law Offices of Edward A. Hoffman

You may be able to win a lawsuit against the hotel, provided that you didn't violate its policy re maximum room occupancy. Your damages would be the total amount you had to pay for both hotels, minus the amount you would have paid per your agreement with Priceline, minus any refund you received from the first hotel, plus the fair value of the time you spent changing hotels and of the associated aggravation.

Unless these were very expensive hotel rooms, the case probably belongs in small claims court. You will have to sue in the San Diego area unless both your agreement with Priceline and the hotel's authorize lawsuits elsewhere.

Good luck.

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Answered on 10/28/09, 8:52 pm
Melvin C. Belli The Belli Law Firm

Yes as long as you didn't violate the terms of your booking about the number of people. Before you sue the hotel call Priceline and complain and see what they will do to compensate you. If you don't get anywhere with them sue both them and the hotel and maybe their pitchman for the costs involved which would be the cost of the additional hotel room and the aggravation they put you through. I�d sue in the small claim�s court where you live and argue that the contract was made there. Let them argue about the locality of the court. Another thing to do if Priceline doesn�t help is to blast them and their hotel on one of those consumer sites like Yelp. As long as you put down your version of the truth you don�t have to worry about anything.\

One last idea is call one of those pesky TV consumer reporters if one of your local channels has one. Sometimes the potential for a little bad publicity goes a long way to making corporations do the right thing.

Good luck to you.

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Answered on 11/01/09, 3:45 pm


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