Hemet, CA asked in Contracts and Small Claims for California

Q: I have messages from a hotel we stayed in tell me that they would refund me for one night. Can I take them to court?

We stayed at this hotel for two nights. The first night, the floor was partially dirty and we complained to the front desk the next morning. Housekeeping did "not" clean our room that same day, and we went back to a dirty room with the same dirty floor. After our stay, someone sent me a text message, and I told them of the situation. They said that they would compensate us for one of the two nights. About a week later, I checked my credit card, and there were two additional charges, and no compensation or refund. I have sent the business two messages about this from their web page contact form, and they have not responded.

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1 Lawyer Answer
James L. Arrasmith
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
  • Sacramento, CA
  • Licensed in California

A: Based on the information you have provided, it appears that the hotel did not fulfill their promise to compensate you for one night's stay due to the cleanliness issues you experienced during your visit. However, before considering legal action, there are a few steps you should take:

1. Gather evidence: Ensure that you have saved the text messages or any other written communication where the hotel staff promised to refund you for one night. This will serve as proof of their commitment.

2. Attempt to resolve the issue directly: If you haven't already, try contacting the hotel management by phone or email, explaining the situation and referring to the promise made by their staff. Give them a reasonable timeframe to respond and resolve the issue.

3. Consider filing a complaint: If the hotel does not respond or refuses to honor their promise, you can file a complaint with the California Department of Consumer Affairs or the Better Business Bureau.

If these steps do not lead to a resolution, you may consider taking legal action. In California, you can file a claim in Small Claims Court for amounts up to $12,500. However, before doing so, weigh the costs and time involved in the legal process against the amount you are seeking to recover.

It's important to note that while you have a strong case given the written promise of a refund, the court will decide the matter based on the evidence presented by both parties. Consulting with a legal professional can help you assess the strength of your case and guide you through the process if you decide to pursue legal action.

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