FlyerTalk Forums - View Single Post - Platinum Guarantee - Walked from Hotel & Unable to Get New Booking - Slept in Car
Old Jul 31, 2018, 8:02 am
  #122  
jjmoore
 
Join Date: Mar 2013
Location: LBB
Programs: UA 1K 1MM ★G | Marriott LTT | Hilton ♦ | Hertz PC | Global Entry TSA Pre ✓
Posts: 2,820
Originally Posted by OpenSky
It happened and you slept in your car. All other advice is moot at this point, the event happened. Full disclosure : I am not a lawyer but come from a family full of lawyers ( US based)

I assume you have the confirmation page with the reservation etc, guaranteed preferably with money or a credit card.
I assume also you can pull up Marriotts terms and conditions regarding guarantee etc.

And understandably, since you had to sleep in your car there were losses involved, i.e loss of work, billable hours etc, since you did not have the amenities of room, a desk to work on, a telephone ( call me old fashioned) and wired internet? Add all these up. If this was me the losses would be in the low thousands if it was a business trip, due to inability to work remotely.

Enough with the hotel blaming Marriott and Marriott blaming the hotel.

Go to the small claims court in appropriate jurisdiction
Sue both the hotel and Marriott, for losses due to their "negligence". Sue for the amount of your losses.
Name both the hotel and Marriott as defendants.

The room guarantee thing will fall into place later.At best you will walk away from that and some $.
They can't give you a room on the night you wanted it. That ship sailed.

Note this strategy won't work for the airlines, in the US, those are covered by the airline deregulation act. A whole other can of worms You may want to consult a CA lawyer, if you know of one.

I would also find out who regulates Hotels in California (if any) and file a complaint re: this incident also.

DO BOTH.
These folks need to learn a lesson. Speaking as someone who has personally been walked before.
I support this 100%.... though for the Platinum member(s) impacted, I would recommend working directly through marriott for the $100 + 90,000 points compensation, as I believe this is far superior than any judgement that will be awarded through the court system. All others, I would contact Marriott for some sort of compensation first prior to taking legal action, as many times, they will compensate well, especially since this was a fairly high profile instance of an IT issue resulting in blatant oversale of the property.

Regardless of who is at fault, Marriott needs to compensate all of those that were impacted, as this was HUGELY disruptive to those people. I know how much it stinks to be without a hotel with no option for 50 miles (due to ice storm / power outages in the midwest on another occasion)... and to have that be the fault of the hotel that couldn't accommodate me, I would be seeking my compensation through whatever means legally possible.
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