Manager offered ... but was not honored
Mar 19, 2018, 10:18 am
#31
Original Poster
Join Date: Dec 2015
Posts: 206
Because it does matter.
If as several others have suggested, this was a side deal to sweeten the pot a bit for you personally when you were negotiating for a business, then the whole issue of whether this is a contract goes out the window and it's understandable why the corporate people won't touch a bribe / kickback situation.
So, that is why the facts do matter. This is a public board and others read this to get advice as well.
If as several others have suggested, this was a side deal to sweeten the pot a bit for you personally when you were negotiating for a business, then the whole issue of whether this is a contract goes out the window and it's understandable why the corporate people won't touch a bribe / kickback situation.
So, that is why the facts do matter. This is a public board and others read this to get advice as well.
Mar 19, 2018, 12:59 pm
#32
Join Date: Mar 2006
Location: Miami, FL, USA
Posts: 4,046
+1
Obviously the hotel/sales managers have apparent authority even if they lacked actual authority to enter the bargain struck. That's good enough to win a damages claim against either the agents or the principal (Hyatt). Basic. OP has it in writing. The main "first year law" question for me would be whether OP subsequently (i.e. after the emails) entered into a "final" contract that didn't include the points/credits; if so, that may discharge whatever obligation the email-evidenced agreements created.
Obviously the hotel/sales managers have apparent authority even if they lacked actual authority to enter the bargain struck. That's good enough to win a damages claim against either the agents or the principal (Hyatt). Basic. OP has it in writing. The main "first year law" question for me would be whether OP subsequently (i.e. after the emails) entered into a "final" contract that didn't include the points/credits; if so, that may discharge whatever obligation the email-evidenced agreements created.
Mar 19, 2018, 1:40 pm
#33
Suspended
Join Date: Aug 2010
Location: DCA
Programs: UA US CO AA DL FL
Posts: 50,262
+1
Obviously the hotel/sales managers have apparent authority even if they lacked actual authority to enter the bargain struck. That's good enough to win a damages claim against either the agents or the principal (Hyatt). Basic. OP has it in writing. The main "first year law" question for me would be whether OP subsequently (i.e. after the emails) entered into a "final" contract that didn't include the points/credits; if so, that may discharge whatever obligation the email-evidenced agreements created.
Obviously the hotel/sales managers have apparent authority even if they lacked actual authority to enter the bargain struck. That's good enough to win a damages claim against either the agents or the principal (Hyatt). Basic. OP has it in writing. The main "first year law" question for me would be whether OP subsequently (i.e. after the emails) entered into a "final" contract that didn't include the points/credits; if so, that may discharge whatever obligation the email-evidenced agreements created.
Mar 20, 2018, 12:17 pm
#34
Original Poster
Join Date: Dec 2015
Posts: 206
It depends what the subsequent Agreement says. For example, if it says that it is the "entirety" of the Agreement, then *perhaps* the obligation would be discharged. It's still not clear cut. In any case, I believe OP should ask for something different from the property; something they can give them.
Mar 20, 2018, 12:19 pm
#35
Original Poster
Join Date: Dec 2015
Posts: 206
Illegal kickback? I doubt it - but they have better lawyers and more money so if they feel that it's in that realm - I'm not going to fight back. Thanks for all the tips. The only length I'm willing to fight is the following - since it's minimal efffort. If the nights aren't awarded - I'll send a letter coroporate and all the way up the food chain. I'll also mention that I plan to send letters to the state's AG for the property, the AG for the state of Hyatt corp, and the BBB of both as well. It's free to do - so we'll see what happens.
Mar 20, 2018, 1:04 pm
#37
Suspended
Join Date: Oct 2017
Location: Miami, Florida
Programs: AA ExPlat, Hyatt Globalist, IHG Spire, Hilton Gold
Posts: 4,009
How many nights are we talking?
I don't see how WoH can be made to enforce an agreement that some rep wasn't authorized to make. At most, it's a comp issue for the hotel in question. Letters to state AGs are a waste of time.
I don't see how WoH can be made to enforce an agreement that some rep wasn't authorized to make. At most, it's a comp issue for the hotel in question. Letters to state AGs are a waste of time.
Mar 20, 2018, 4:50 pm
#38
Join Date: Jul 2008
Location: LAS ORD
Programs: AA Pro (mostly B6) OZ♦ (flying BR/UA), BA Silver Hyatt LT, Wynn Black, Cosmo Plat, Mlife Noir
Posts: 5,992
Who's dispensing useless illegal advice now? You would flunk first year law for those kinds of claims. The promising party must be authorized to make the promise.
I'll tell you what. I'll send you an email promising that Marriott will give you one million dollars. That would be exactly as enforceable as the unauthorized promise the manager made.
I'll tell you what. I'll send you an email promising that Marriott will give you one million dollars. That would be exactly as enforceable as the unauthorized promise the manager made.
Mar 20, 2018, 9:00 pm
#40
Original Poster
Join Date: Dec 2015
Posts: 206
Quite a lot. Not trying to be coy - but that's more information than I'm willing to provide.
They won't be made to enforce it; it's just the 'squeaky wheel.' Had some progress today. I think the gain from this will be worth the time, but I'll keep everyone posted. Hope to have it all finalized by Wednesday or Thursday.
They won't be made to enforce it; it's just the 'squeaky wheel.' Had some progress today. I think the gain from this will be worth the time, but I'll keep everyone posted. Hope to have it all finalized by Wednesday or Thursday.
Mar 22, 2018, 2:00 am
#43
Join Date: Mar 2014
Location: SJC/BUR
Programs: Hyatt Diamond, IHG Platinum, Hilton Gold, Club Carlson Gold, Starwood Gold
Posts: 1,087
Mar 22, 2018, 2:26 am
#44
Join Date: Feb 2003
Location: USA & UK -- AA EXP 3.5MM, Hyatt Diamond, SPG Plat, Avis President's Club
Posts: 6,411
Shall we assume that WoH gave you Stay Credit for multiple rooms per night? And that they made good on a local hotel's promise?
If so, then I'm glad you received what was promised. You got lucky. Perhaps Hyatt will change their program to count multiple rooms per night. We can always hope.
Mar 22, 2018, 7:05 am
#45
Join Date: Dec 2002
Location: Hong Kong
Posts: 2,172
Glad OP got Globalist.
He relied on what the hotel manager (who had apparent authority) said, acted to his detriment in making the booking and did his part. Enforceable legally and morally.
Or he could also, as an alternative, claimed against the hotel for misrepresentation and ought to be put in a position as if the misrepresentation had not been made.
Good for you, OP.
He relied on what the hotel manager (who had apparent authority) said, acted to his detriment in making the booking and did his part. Enforceable legally and morally.
Or he could also, as an alternative, claimed against the hotel for misrepresentation and ought to be put in a position as if the misrepresentation had not been made.
Good for you, OP.