Comments on: An all-inclusive hotel that wasn’t

By: San juan hotel all inclusive

San juan hotel all inclusive — Fri, 26 Nov 2010 20:03:09 +0000

[...] An all-inclusive hotel that wasn’t An all-inclusive hotel that wasn’t. December 19, 2009. san juan Question: I hope you can help me with an issue that came up with our recent cruise on An all-inclusive hotel that wasn’t [...]

By: Mike

Mike — Sat, 26 Dec 2009 16:11:20 +0000

FWIW, you don’t have to dispute the entire bill. At least with Amex, I’ve successfully disputed partial amounts. The last time in fact I did this was Sears – they were unable to follow their price-match policy (I was matching their own next-day sale price, btw on a snow blower (not cheap)). I tried emails for several weeks, got nowhere, so disputed the portion of the original charge that should have been refunded. I included the printed policy, receipts, ad showing lower price & emails I had sent. No problem at all.

Don’t see why a dispute for $188 of the total would not have worked in this case.

By: Carver

Carver — Mon, 21 Dec 2009 01:57:21 +0000

@Joe

Remember Joe, we’re talking about small claims court which usually, although not always, bars attorneys. Discovery, pleadings, etc. are usually non-existent beyond the original complaint. But, the plaintiff is in a much lower stressful position having been the one to initiate litigation, can end it unilaterally, won’t be out any additional funds regardless of the outcome, etc.

By: Joe Farrell

Joe Farrell — Sun, 20 Dec 2009 17:44:51 +0000

Carver -you need to play both sides more often – all being said defense is easier than offense because most of the time defense controls what the issues are . . . . and when they get raised on discovery and pleadings . . . .

By: barbie45

barbie45 — Sun, 20 Dec 2009 13:04:34 +0000

Carver,A very logical and well expressed post as usual. Thank goodness you are not given to emotional outbursts,political correctness ,namebashing etc. I am sure your legal expertise and extensive travel experiences benefit us all.

By: Carver

Carver — Sun, 20 Dec 2009 09:09:35 +0000

@Joe

My response was to Chris’ assertion that its hard to win in court since she stayed and got a room. Not whether court was the best way to go.

Having said that, disputing a credit card charge becomes a lot harder if you’re more than 50 miles from home or in another state. Besides. I’d rather be a plaintiff than defendant any day.

By: Justin

Justin — Sun, 20 Dec 2009 01:43:29 +0000

Leave it to Chris to get the job done. Sometimes, it takes a pro to handle the situation like one.

By: Brian Hamil

Brian Hamil — Sun, 20 Dec 2009 01:38:05 +0000

@Carver,

You can try suing Carnival, but since Celebrity is owned by Royal Caribbean you likely would not be as successful as you would have hoped.

By: Joe Farrell

Joe Farrell — Sat, 19 Dec 2009 23:35:17 +0000

Challenge the original charge. See if the credit card company will reverse it. If they will, then the company has a claim for the fair value of what they gave you . . . . that would be an interesting case to see the proof of value of the hotel for what they gave you. . . .c’mon Carver – challenge the charge, win, and then let the hotel prove quantum meruit!

By: Carver

Carver — Sat, 19 Dec 2009 17:12:19 +0000

As a practicing attorney, I think the OP would have a fairly easy case to obtain $188 from Carnival. The reason is that some amenities are easily quantifiable; e.g. meals, free parking, transportation. etc. A judge can simply look at your receipts.

By contrast, other amenities such as ocean views, upgraded toiletries, upgraded bedding, usually aren’t nearly as quantifiable and a court is likely to consider the hotel to be in substantial compliance with its promises.

Here, the reneged upon amenites relates to meals which the OP can quantify her loss. As such she would have had an easy case if it went to small claims court.