Oy, I don't even know where to begin. You've taken a completely wrong approach. In effort to save a fellow FTer from what I see as potentially a fair amount of embarrassment and wasted time, I'll comment in detail. I hope that you find it useful.
First, by way of background, I am a litigator. I specialize in divorce, but do plenty of this type of work as well. I have both written and responded to these letters on behalf of clients.
Originally Posted by
Rebelyell
I am writing this concerning your hotel’s failure to honor its contract to provide lodging for my wife Tuesday June 14 and Wednesday June 15.
Mistake #1: If the GM has half a brain, this letter will be routed directly to the lawyers. "... failure to honor its contract ..." You will do better keeping this away from the lawyers for reasons explained below.
Originally Posted by
Rebelyell
Apparently the XXXXXX concert had given your hotel the opportunity to rent her room to someone else at a higher rate
How do you know that this is what happened? Leave it out, only dilutes your credibility.
Originally Posted by
Rebelyell
... and so she was told to hit the road.
You meant to say, I trust, "... and she had to be reaccommodated at a different hotel." You'll have a much better chance of receiving a reasonable response if you leave the attitude out.
Originally Posted by
Rebelyell
Your hotel picked up the negligible cost of one night at the Doubletree, which only benefitted my wife’s employer.
Again, leave that part out. Has nothing to do with your making a claim against the hotel. GM might respond that since the employer paid, perhaps s/he should be dealing with employer, please forward contact info.
Originally Posted by
Rebelyell
You did not provide her with any compensation whatsoever for the hundreds of dollars of additional work she had to do in getting set up for the trade show being held at the convention center connected to your hotel.
If you want compensation for
direct costs which your wife incurred as a result of being walked, you will have to provide an itemized list.
Originally Posted by
Rebelyell
On the night my wife was walked rooms at the Doubletree were going for less than $100. I’m sure you got an industry discount. So your hotel likely turned a tidy profit by breaching its contract with my wife.
You're sure about the industry discount? Don't bring it up, you aren't certain either whether there was one and, if so, how much it was. Doesn't matter, anyway. The hotel is in business to make a profit. That argument won't help you at all. Again, leave out the legal language.
Originally Posted by
Rebelyell
The lady at the front desk told my wife her credit card would be credited with a refund. That didn’t happen. Finally, after two additional, rather lengthy calls, she finally got her money back a few days ago (for some reason the people we talked to said the record wasn’t plain that she had been walked).
I don't see that this particularly helps you, once again. "Lengthy" is a very subjective term. Be careful when you use it. Bottom line is that your wife now has her (or maybe her employer's?) money.
Originally Posted by
Rebelyell
It takes a long time to gather the information to make these calls and then more time on hold; ...
What information? Your wife already knew that she was walked and to where. What information took so much time to gather?
Originally Posted by
Rebelyell
I suspect you know that many people will just give up and let their employer eat these charges and that’s why it took so much effort to get the money refunded.
Again, leave the attitude out. What this sentence really does is call the GM a thief. Not likely to get you a positive response, IMO.
Originally Posted by
Rebelyell
Here’s the bottom line. My wife had a binding contract with your hotel and your hotel breached it. You are required under the law of contracts to compensate her for all damages that she suffered, including the “hassle” factor.
No,
here's the bottom line. As has been pointed out, the hotel's contract probably allows them to walk your wife. And "the law of contracts"? Which law of contracts? The law where you live? Where the hotel is located? Did you use a travel agent? Starwood reservation center? Where are they located? Where was the contract formed? You mean the Restatement of the Law of Contracts? I think that you've bitten off more than you can chew here; I advise staying from this type of language.
Originally Posted by
Rebelyell
If you fail to properly compensate my wife I will show her how to prepare a complaint to file in small claims court,...
You'll sue for failure to call your wife? Or is this the underlying lawsuit? What will you sue for? The $492.32 which your wife (or perhaps her employer) is out? But, wait a minute, you said that she got her refund. So, then, what was her economic loss? It's unlikely that she'll recover anything for her time, trouble, aggravation, etc. "Soft" damages are rarely compensible in contract actions. And how much time do you figure that it will take to do the whole small claims process?
Originally Posted by
Rebelyell
... where she will prevail.
As I said, I'm a litigator. I'm in court every week, and have been doing this for well over twenty years. I long ago gave up trying to predict what a judge will do. You should, too. The hotel's attorneys have, I assure you.
Originally Posted by
Rebelyell
She is willing to settle this matter if you will deposit 5,000 Starpoints into her Starwood Preferred Guest account.
Wrong approach. I think that you would have much more success with an approach more along the lines of, "
I know that sometimes hotels over-commit their rooms. However, I ask that you not lose sight of the inconvenience such incidents cause for the affected guests. Would you consider an award of some additional Starpoints to compensate her? Perhaps 5,000? She would be most appreciative. Oh, and
she should be writing the letter, not you.
Originally Posted by
Rebelyell
And let’s face it, as long as you can sell people’s prepaid rooms out from under them and make a profit you will, unless the victims of this unsavory trade practice stand up and demand compensation.
Again, you're calling the GM unscrupulous. How do you figure that s/he'll respond to that? How would you?
Originally Posted by
Rebelyell
My wife isn’t asking for much at all, but if you think her demand is excessive she is more than happy to let you have your day in court. She’s still mad about the way she was treated, and since I had to hear about it on the phone for quite a while, I’m still mad, too. She and all of your customers deserve better.
Don't threaten. Never gets the desired result. Threaten one of my clients on these facts, and I'll tell you that my client will give you nothing. If you go to court, you'll be looking at a claim for counsel fees (which will be at least five times her $500) for a frivolous action. In Massachusetts, the judge
is required to award such fees if your claim (well, your wife's claim, actually) is found to be frivolous (G.L. c. 231, s. 6F), as it may well be in this case. I believe that there are similar laws in most states; since there is a public interest in discouraging frivolous lawsuits.
Really. Please reconsider your approach. As I said above, it's far from clear that she will win, particularly given the Ts&Cs of the rezzy.