Originally Posted by
garykung
IANAL. But IMHO, while my response is it depends, it is completely legitimate in your case.
First - the Watson Hotel does charge $20 each day per room. So the fee is assessed not because you use Priceline, but to every guest.
Second - Priceline has an affirmative defense that excuses Priceline for liability. Specifically, Priceline does not know which hotel will be booked in advance. Also, it has disclosed the potential fee. So Priceline has exercised reasonable procedures to warn consumers regarding the uncertainty.
(FWIW - this won't work with Express Deal because Priceline is aware in advance that which hotel will be booked.)
Fees with no amount disclosed prior to entering into a contract of adhesion isn't universally enforceable. And in some jurisdictions, this kind of business practice may constitute fraud of one or more sort.
Priceline -- and the hotel with which it is in cahoots -- didn't disclose the potential fee at the time of booking; they only mentioned the potential for a fee. But even that doesn't provide a guaranteed out from being found liable for such practice since they didn't disclose the fee until after baiting in the customer.
