Manager offered ... but was not honored
#16
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Zappos made a huge pricing error in May 2010.
https://www.fastcompany.com/1651302/...-pricing-screw
https://www.fastcompany.com/1651302/...-pricing-screw
#17
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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.
#18
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Join Date: Dec 2015
Posts: 206
If it's not part of a signed, enforceable contract, it's just a promise.
It doesn't matter. The managers were not authorized to make that promise. Even a vice president probably doesn't have that authority if he/she is not in the World of Hyatt hierarchy.
It'll be interesting to monitor that situation.
It doesn't matter. The managers were not authorized to make that promise. Even a vice president probably doesn't have that authority if he/she is not in the World of Hyatt hierarchy.
It'll be interesting to monitor that situation.
#19
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Join Date: Dec 2015
Posts: 206
A hotel manager offered a personal bribe, to be paid by Hyatt Corp. When Hyatt Corp wouldn't pay the bribe, screamin' and hollerin' ensues.
Sorry, but I think Hyatt Corp is doing the right thing. Hotel manager offered something which was not theirs to give.
Suggestion: ask nicely at the hotel if they can offer some kind of customer service bonus points. The situation is 100% caused by the local hotel, so it's 100% their duty to fix it. Still, I don't see a fix as a likely outcome, as the hotel has already shown their expertise at trying to make Hyatt Corporate foot the bill for their own mistakes.
Sorry, but I think Hyatt Corp is doing the right thing. Hotel manager offered something which was not theirs to give.
Suggestion: ask nicely at the hotel if they can offer some kind of customer service bonus points. The situation is 100% caused by the local hotel, so it's 100% their duty to fix it. Still, I don't see a fix as a likely outcome, as the hotel has already shown their expertise at trying to make Hyatt Corporate foot the bill for their own mistakes.
#20
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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.
#21
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The takeaway from this thread is that while you've been trying to get Hyatt Corp. to deliver the promises made by the local hotel, it seems that only the local hotel can make it right.
Suggestion: speak nicely to the local hotel, to find out if and how they choose to make it right.
#22
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If this was a group contract, there ought to be a standard form Hyatt group contract signed (electronic signatures are fine) by both parties and it should state in it what amount to the deal terms. This would include the obvious such as the room rate and the less obvious such as points and other credits, whether they are included and who gets them. Finally, the contract will make clear that it is the sole controlling document and that any "side deals" are unenforceable.
Finally, in most states in the US, the concept of "apparent authority" exists. Thus, when dealing with the sales manager of a property on a Hyatt email account, it is reasonable for Hyatt to be bound by the apparent authority of its sales employee. On the other hand, if the cleaning lady at a restaurant down the street made the same offer, it would be hard for OP to argue that the cleaning lady had the apparent authority. This exists because, generally speaking, it is hard for the contracting party to know what level of authority the other side has.
So, the question to OP is, what does the sales contract say and who was it between? Was it between you personally and the property or were you doing this as a work-related effort, but the perks were a "side benefit" for you?
The complete details are essential here. Otherwise, you are not providing sufficient information and what you get back will be vague too.
Finally, in most states in the US, the concept of "apparent authority" exists. Thus, when dealing with the sales manager of a property on a Hyatt email account, it is reasonable for Hyatt to be bound by the apparent authority of its sales employee. On the other hand, if the cleaning lady at a restaurant down the street made the same offer, it would be hard for OP to argue that the cleaning lady had the apparent authority. This exists because, generally speaking, it is hard for the contracting party to know what level of authority the other side has.
So, the question to OP is, what does the sales contract say and who was it between? Was it between you personally and the property or were you doing this as a work-related effort, but the perks were a "side benefit" for you?
The complete details are essential here. Otherwise, you are not providing sufficient information and what you get back will be vague too.
#23
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well, perhaps the OP should initiate a chargeback for the hotel charges and send the hotel a note indicating that, they too, unfortunately were not authorized to make promises for the room payment.
#24
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Join Date: Dec 2015
Posts: 206
Apologies for my choice of words. Of course we can't literally Scream and Holler over the internet. But your topic has certainly generated a flurry of posts.
The takeaway from this thread is that while you've been trying to get Hyatt Corp. to deliver the promises made by the local hotel, it seems that only the local hotel can make it right.
Suggestion: speak nicely to the local hotel, to find out if and how they choose to make it right.
The takeaway from this thread is that while you've been trying to get Hyatt Corp. to deliver the promises made by the local hotel, it seems that only the local hotel can make it right.
Suggestion: speak nicely to the local hotel, to find out if and how they choose to make it right.
#25
Original Poster
Join Date: Dec 2015
Posts: 206
If this was a group contract, there ought to be a standard form Hyatt group contract signed (electronic signatures are fine) by both parties and it should state in it what amount to the deal terms. This would include the obvious such as the room rate and the less obvious such as points and other credits, whether they are included and who gets them. Finally, the contract will make clear that it is the sole controlling document and that any "side deals" are unenforceable.
Finally, in most states in the US, the concept of "apparent authority" exists. Thus, when dealing with the sales manager of a property on a Hyatt email account, it is reasonable for Hyatt to be bound by the apparent authority of its sales employee. On the other hand, if the cleaning lady at a restaurant down the street made the same offer, it would be hard for OP to argue that the cleaning lady had the apparent authority. This exists because, generally speaking, it is hard for the contracting party to know what level of authority the other side has.
So, the question to OP is, what does the sales contract say and who was it between? Was it between you personally and the property or were you doing this as a work-related effort, but the perks were a "side benefit" for you?
The complete details are essential here. Otherwise, you are not providing sufficient information and what you get back will be vague too.
Finally, in most states in the US, the concept of "apparent authority" exists. Thus, when dealing with the sales manager of a property on a Hyatt email account, it is reasonable for Hyatt to be bound by the apparent authority of its sales employee. On the other hand, if the cleaning lady at a restaurant down the street made the same offer, it would be hard for OP to argue that the cleaning lady had the apparent authority. This exists because, generally speaking, it is hard for the contracting party to know what level of authority the other side has.
So, the question to OP is, what does the sales contract say and who was it between? Was it between you personally and the property or were you doing this as a work-related effort, but the perks were a "side benefit" for you?
The complete details are essential here. Otherwise, you are not providing sufficient information and what you get back will be vague too.
#26
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Of course, it's a process of negotiation and customer service. That goes without saying. But, the specifics matter and the advice you sought here is useless without the specifics.
#27
Join Date: Mar 2006
Location: Miami, FL, USA
Posts: 4,049
There is no Agency relationship between you and Marriott, which makes your hypothetical different.
#28
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Join Date: Dec 2015
Posts: 206
Easy there! It should 'go without saying' that I don't need to answer your questions - nor do I need to justify why.
If the 'process and negotiation' goes without saying - then it must be also go without saying that my question was not 'useless.' I've gotten a lot of information that was useful. If you want to be involved in the conversation - then be better at communication.
I appreciate the helpful responses. You can choose to be nicer and less pedantic.
I appreciate the helpful responses. You can choose to be nicer and less pedantic.
#29
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Easy there! It should 'go without saying' that I don't need to answer your questions - nor do I need to justify why.
If the 'process and negotiation' goes without saying - then it must be also go without saying that my question was not 'useless.' I've gotten a lot of information that was useful. If you want to be involved in the conversation - then be better at communication.
I appreciate the helpful responses. You can choose to be nicer and less pedantic.
If the 'process and negotiation' goes without saying - then it must be also go without saying that my question was not 'useless.' I've gotten a lot of information that was useful. If you want to be involved in the conversation - then be better at communication.
I appreciate the helpful responses. You can choose to be nicer and less pedantic.
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.
Last edited by Often1; Mar 18, 2018 at 6:35 pm
#30
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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.