ELLIOTT: No Balcony at My Hotel

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No Balcony at My Hotel
The Travel Troubleshooter · April 16, 2002

Q: We made hotel reservations through a major airline's online vacations area. The description clearly says, under "amenities" that the rooms at the hotel we selected come with balconies.

On calling the hotel directly to ask them something, I found out that their contract with the airline does not include balcony rooms, and we won't be getting a balcony when we arrive there. The airline also says that balconies are not included in the contract, and that the description is a mistake. Yet, it still shows the balcony as being part of the room amenities on their Web site. What recourse do we have?

-- Eva Gaetz

A: You've probably taken a look at your contract by now and found out that the hotel and airline are correct. There are no guarantees of a room with a balcony. Strictly speaking, you don't have any recourse.

But that doesn't mean you're out of options. Hotels, as I've often said, aren't regulated on the federal level to the same extent as airlines. Instead, there's something called "common" law that keeps the lodging industry in check, according to Thomas Dickerson, who is the author of a book called Travel Law.

If a brochure implies that your room comes with a balcony and it doesn't, then you could sue the hotel and tour operator for fraudulent misrepresentation. You might also be able to file a complaint based on a breach of an implied warranty. Dickerson cites a 1988 case in which a guest on Bermuda Star Line booked a first class stateroom but found that in fact, "the drapes were partly dirty and dingy; the tables were painted with white enamel paint and with nicotine stains, and the headboard of the beds were broken." In that case, he says, the defendant's advertisement transcended the bounds of a statement of opinion and reached the level of false representation.

I wouldn't go down that road, because even if you win, your damages will be insignificant. A far better approach is to write a short and polite letter of complaint to both the hotel and the airline mentioning that you feel misled by their advertisements. Tell them that you believe an upgrade to a room with a balcony would remedy the situation. I'm confident that you'll get an affirmative response if there's room available.

If you don't, then my next suggestion would be to simply drop your complaint and forget about the balcony. I'm not belittling your desire for a room with a nice view, but in the overall scheme of things, how important is this amenity? If the airline offers you a voucher for free drinks or a coupon toward your next vacation purchase, just take it. Your grievance isn't on the most solid footing, considering the contract you've signed, and something is better than nothing.

Christopher Elliott is a travel commentator based in Key Largo, Fla. All e-mailed questions may be edited, condensed or republished at the site's discretion. ChrisCrossings appears weekly on this site.