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Can't Get a Refund
ChrisCrossings · October 17, 2001

Q: My fiancée and I had a reservation at the Lamothe House in New Orleans. However, when we arrived, the only desk clerk on duty was extremely rude to us, our room was well below the standard we expected, and there was a note telling us of an energy fee that was to be added to the bill. We had enough at that point and checked out. The desk clerk was almost yelling at us and told us our money would not be refunded for the evening, even though we were only in the room five minutes. The manager is either never around or will not return my faxes. What are my rights?

-- Melissa Warren

A: When you booked your room at the Lamothe House, you were asked for a credit card number to "guarantee" your reservation. Of course, "guarantee" is a hospitality industry euphemism for "nonrefundable deposit." Like most other properties, this bed-and-breakfast wanted to make sure that you not only showed up, but that it made its money regardless of what you thought of its facilities and amenities.

From a hotelier's perspective, this is completely understandable. A room is what's considered a "perishable" commodity in the hotel business. If guests made reservations without bothering to show up, you can imagine how hard it would be to run a business. What's more, as far as the hotel is concerned, it's up to you to do your research. If there are any surprises, then it's your own fault.

An Internet search on French Quarter inns will reveal a few reviews and property descriptions of the Lamothe House-almost all of them positive. Why? Probably because many of websites that list the hotel pocket a referral fee from each guest they send to the hotel or each booking they make. It's in no one's interest to badmouth the place, even though it may deserve it.

I don't blame you for believing the online brochure. How could you resist feeling "as though you're a French aristocrat in the Victorian era" or being "greeted with warm southern hospitality and shown to your room where you can relax from your trip surrounded by authentic Victorian furniture." (I'm not making this up; it's on the hotel's website.)

It's pretty obvious that your experience didn't match the rhetoric.

Don't feel bad-I've been there before. A few years ago, I found what looked like a perfect bed-and-breakfast on Maryland's Eastern Shore for a quiet weekend. On the Web, it looked ideal. But when we arrived, we knew we wouldn't stay there. The neighborhood was dilapidated and dangerous-looking. The inn seemed to be in desperate need of restoration. I didn't bother checking in. Instead, I called hotel and cancelled.

"We're going to have to charge you for both nights," sniffed the angry innkeeper.

"No way," I replied. "I'm not staying at your property-Why should I pay for it?"

"How about if you pay for the two nights you were going to stay here and I'll give you a 50 percent discount on a future stay?" he offered.

I refused.

Then he threatened to charge my credit card for the full two nights. I calmly told him that if he did, I would dispute the charges. We ended up compromising-He charged me for one night only if I agreed to pay the bill.

All of which brings us to your options. The first thing I would consider doing is to dispute the charges. You didn't use the room. The hotel's standards weren't what it promised (at least in your case) and I think you can make a strong argument for not paying the bill. I've been involved with credit card disputes before. If the Lamothe House's manager doesn't return your bank's calls or faxes, then you will automatically win the dispute.

I'm not a lawyer, so I'm not in a position to offer legal advice. But you could certainly consider hiring an attorney to write a letter on your behalf if you've already paid for the visit. Make sure the note hits the highlights-words like "fraudulent misrepresentation" should appear prominently in any correspondence. You may also have certain remedies under state law, but I'm not convinced that filing a legal complaint would be an effective use of your resources.

Good luck.

(Note: Shortly after I investigated this claim, the hotel offered Warren's fiancée a full refund.)

Christopher Elliott's column appears on weekly on Ticked.com. All e-mailed questions to ChrisCrossings become property of Ticked.com and may be edited, condensed or republished at the site's discretion. You may reach Elliott at chris@ticked.com. Or visit his home page at http://www.elliott.org.