Q: Can I sue hotels.com for booking a room in a hotel that doesn't exist for about a year?
I booked and paid for a hotel and the reservation was guaranteed and confirmed. When I got to the hotel, hotel was not operational for about a year. No substitute was offered
A:
I haven't consulted hotels.com's terms and conditions on their website, however, a contract cannot exclude gross negligence (which is the case most likely) or fraud (which would have required them to have actually known the hotel was not operating) without a knowing waiver.
I have dealt with online contracts before and they are interpreted against the interest of the website owner. Also, hotels.com would be considered a New York citizen for the purposes of commencing an action. I do not know the amount that you paid so I cannot offer further litigation advice but I would be happy to discuss the matter further. You can email me at David@Relkinlaw.com.
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