Blumie

I recently completed my first stay at the Mandarin Oriental New York (which I will report on in this thread: http://www.flyertalk.com/forum/showthread.php?t=304617). While there, I happened to read the little card that every hotel (by law) posts in the room which shows the rates for that particular room. I was staying in the hotel's highest room category (excluding suites), for which I was charged $895/night. However, the card posted the following rates:

Single from $259 to $599
Double from $284 to $659
Suites from $1,600 to $15,000

Section 206 of New York's General Business Law (which is included on the card) reads as follows:

Doesn't it seem to me that the MO is violating this law, and that I am entitled to a payment of three times the amount I was charged?

I know this probably seems silly, particularly since I was fooling enough to agree when I booked the room to pay $895/night. But another section of the same law (section 201) provides significant limitation of a hotel's liability in the event you are robbed blind while you are there (how many of us have heard stories of people having expensive jewelry and laptops lifted from their rooms at high end properties?). Doesn't it make sense that since the hotel certainly will want, and will seek to enforce, the protection afforded it by section 201 that it should have to live with the protection afforded guests afforded by section 206 (particularly since the hotel can protect itself by merely posting accurate rates)?

flamboyant 1

Very interesting, but probably not worth the trouble because there at least was a sign in the room.

Why wasn't your rate 599/night ??? Highest single, non suite ?

yevlesh2

You know, I think you might have a good point. This is the first time I hear about a hotel charging more then the (very high) price posted on the door.

jbernste

I just looked up Section 206 in McKinney's Consolidated Laws of New York hoping that there'd be an annotation in there that sheds some light on this, but there wasn't anything in there about the requirement that innkeepers not charge more than the posted rates.

That said, I really think you may be on to something. The best part is that the statute provides for penalty damages of three-times the amount charged! $895 X the number of nights you stayed...nice.

If you decide to pursue this, you'll definitely want someone to spend an hour or so taking at look at what caselaw there is out there on Section 206. It's a pretty archaic law...

guv1976

Blumie, Did you by any chance take a photograph of the rate card in your room?

Blumie

I got the card itself. I slipped it out of the frame with the intention of making a photocopy and putting it back in the room. If you read the review of my stay, you'll see that I had a frustrating time making a copy. So I just took the card instead. I plan to copy it in my office and them mail it back to the hotel together with my comments on my stay (and perhaps a demand for treble damages).

flamboyant 1

That is what you should do, Blumie. ^

rrz518

Obviously no one has taken the liberty of changing those rate cards any time recently. You absolutely are deserving a refund; that is why those rate cards are in the hotel rooms in the first place, to keep innkeepers from defrauding the public. Particularly in times of excess demand (hurricanes, emergencies, Superbowls, etc.)....

Hold their feet to the fire; but, sounds like the housekeeping staff isn't on the ball, as they are the ones that are supposed to maintain such things.

KyRoamer

Let us know how the hotel responds.

pdhenry

Just remember that you catch more flies with honey than with vinegar...

Shower them with praise. Don't complain about any other aspect of your stay. Say in the letter that you're bringing it up because you want them to know about the situation, not because you're ticked off about being ripped off. Don't demand treble damages (although you probably should let them know that you're aware about the law).

Keep the original card and send a copy with your letter, just in case you decide to go that other route.

I don't think they'll come forth with a 3x response to your letter. Decide in advance what you would consider to be a reasonable response on the part of the hotel. If they come close (comp the stay or your next stay, for example), smile and accept it.

Unless you're after the treble damages, in which case let 'em have it with both barrels...

cordelli

I think they will tell you anything above the room called a double on their standard rates they consider a suite.

Not saying they are right, just bet that will be their response, that you were in fact in a "suite"

Xyzzy

IMHO the fact that you have the rate card means it isn't in the room to prove that it was posted there. I think a polite but firm letter with the card enclosed might work, though.

sjunkerg

On the suite vs room thing, if I got it right from Blumie's other post, it was sold as a room, thus the suite price from the posted card would not apply. The hotel choose to seel the room as a "room" and not "suite", the card states the highest price charged for two types of rooms, both are lower than the rate charged.

If you think the potential gain (money or the principle) is worth it, I say go for it. I have seen other people do this and the process seems pretty straightforward. Forgot what forum it was but it might be worth searching around a bit.

Good luck!

Blumie

This is my preferred approach, as well. After a disappointing stay at the FS NY, I wrote a letter which began by praising the FS organization for all of the wonderful experiences I have had at FS worldwide. I then expressed, without unnecessary hyperbole, what I had found disappointing about my most recent stay. They responded with an apology and a free room for a weekend ($1,500 value).


You're correct. When I checked out, they made the room vs. suite distinction very clear. I was in the highest "room" category, which could not be upgraded to a "suite" under the AMEX FHR program.

QuietLion

I don't see how you were hurt in any way by their failure to update the rate card. Do you just see this as a way to score free money from a big company? I think that's bad karma, dude.

QL