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Yes-also some hotels have ' long term ' rates. Lower if you stay 4 or 5 nights. Cut down to 3 and your rate goes up.
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Originally Posted by Oxon Flyer
(Post 34165376)
Is it completely legal for hotel to change the billing rate on a contract to a sum of their choosing without notifying the customer ? Particularly when a representative of the hotel had previously stated there would be no additional cost ?
The customer assumed that the rate wouldn't change, and maybe it wasn't communicated clearly (although every reservation I've seen always says something about early departures may result in changes). But that's a customer service issue- not a legal issue in the guise of a contract. If you had a rate you negotiated to buy 1000 widgets at $10 a piece, you couldn't send back 999 and insist you only owed $10 and not a dime more, as the price was negotiated based on the quantity. There was no contract for 1 widget, and thus the default price would be the market price. |
Originally Posted by hdogan
(Post 34164824)
Here's the small print (it's not small, actually, same size as the rest of the rate description ;)) for any long-stay rates:
"Shortening your stay below the minimum numbers of nights will result in the rate being updated to the best available rate per day of your actual stay dates." |
The key words printed in EVERY hotel booking confirmation for Marriott: Please note that a change in the length or dates of your reservation may result in a rate change. They're on the website during the booking process and on the confirmation email.
You may have a leg to stand on if during check-in you told them up front you were staying one less day and the FDA affirmatively told you there would be no rate change. But good luck proving that - it's the FDA's word against yours. -RM |
Originally Posted by RobOnLI
(Post 34165553)
The key words printed in EVERY hotel booking confirmation for Marriott: Please note that a change in the length or dates of your reservation may result in a rate change. They're on the website during the booking process and on the confirmation email.
You may have a leg to stand on if during check-in you told them up front you were staying one less day and the FDA affirmatively told you there would be no rate change. But good luck proving that - it's the FDA's word against yours. -RM In contracts, there is a concept called "Contra proferentem". When there is ambiguity in a contract, you interpret it in factor of the party that did not write the contract. Marriott is who wrote the contract, not the customer. Marriott can change/clarify its wording at anytime. In this case, that means the contract should be interpreted in a way that favors the customer. |
I have an upcoming 4 night stay at a run of the mill Marriott property. My reservation states that there will be a $150 fee for checking out early. Not sure if the nightly rates would change, however. The OP's experience is a cautionary tale as much as it sucks.
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Originally Posted by Kiki Karakatsani
(Post 34164880)
Yes at the check-in process I said that I had made a mistake and that we are staying 4 nights instead of 5. I asked if this will impact my rates and they said 'NO'. I am happy to pay the full 5 nights that I reserved BUT I never agreed to pay $300+/night to stay at THAT hotel.
The Hotel can do this, you effectively nullified the contract and did not agree new terms, so they are free to use BAR. I understand the FD said no problem, but unfortunately you have no evidence of this. Live and learn unfortunately. You say this has never happened before, have you made this mistake a number of times ? |
Originally Posted by Oxon Flyer
(Post 34165376)
Is it completely legal for hotel to change the billing rate on a contract to a sum of their choosing without notifying the customer ? Particularly when a representative of the hotel had previously stated there would be no additional cost ?
Yes |
Originally Posted by BRITINJAPAN4
(Post 34165804)
The Hotel can do this, you effectively nullified the contract and did not agree new terms, so they are free to use BAR. I understand the FD said no problem, but unfortunately
you have no evidence of this. Live and learn unfortunately. You say this has never happened before, have you made this mistake a number of times ? |
Originally Posted by Xero
(Post 34165874)
If there is no contract, then it is up to a neutral party (such a a judge) to determine what is fair. Can a hotel state that they are going to charge you $100,000 a night? That is completely unreasonable.
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Originally Posted by Xero
(Post 34165874)
If there is no contract, then it is up to a neutral party (such a a judge) to determine what is fair. Can a hotel state that they are going to charge you $100,000 a night? That is completely unreasonable.
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Originally Posted by Xero
(Post 34165611)
"May" is the key word here. To me, the word "may" means that there is a chance for the price to change. But there is also a chance that it will not. It should have been the employee's responsibility to inform the customer of the change.
In contracts, there is a concept called "Contra proferentem". When there is ambiguity in a contract, you interpret it in factor of the party that did not write the contract. Marriott is who wrote the contract, not the customer. Marriott can change/clarify its wording at anytime. In this case, that means the contract should be interpreted in a way that favors the customer. There is no ambiguity in a contract to interpret: the contract was voided by the customer who decided they no longer wanted what they agreed to terms to buy. The number of nights is plainly a material term, and there is no ambiguity about that |
Sure enough, the GM’s response on TA for OP’s stay precisely mirrors the feedback already given here:
Not sure why this surprises You, this does appear in every confirmation email of every reservation booked with Marriott. What our staff mentioned to You at check-in is that there are no "penalties" for early check-out (which some hotel chains do charge), but that doesn't mean that the terms and conditions that appear in every confirmation email of every reservation booked with Marriott would no longer be applicable. Unfortunately in the Las Vegas market many people make multiple-day reservations (because the price goes down for multiple nights) then check-out early expecting to get the lower rate. Not saying that this was Your intention, but that is why the terms and conditions made by Marriott are what they are. |
Originally Posted by BRITINJAPAN4
(Post 34165804)
You say this has never happened before, have you made this mistake a number of times ?
Hmmm. You're unto something here.... But how I WISH it would be the case for all of us that we book an extended stay rate or a promo rate that's much cheaper if we book a minimum number of nights and then at check in, say "oh I made a 'mistake', I'd like to shorten the reservation for 1 or 2 nights instead of X number of nights with the same rate." And when was this mistake known? I would have changed the reservation asap instead of winging it at check-in if I didn't have a hidden agenda. |
Originally Posted by ntamayo
(Post 34166001)
Sure enough, the GM’s response on TA for OP’s stay precisely mirrors the feedback already given here:
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