Chancing their arm?

[Allen Higginson]

Just got a call from a friend regarding a friend of his daughters nice extra charge from a hotel on the outskirts of Belfast.
She checked in and requested a smoking room with she was duly allocated.Later,she had some friends back to the room and they were smoking in her smoking room.Needless to say,the smoke detector installed in the room activated by the smoke.
She has since learnt that the hotel has charged her credit card £1600 for the cost of having to offer the other residents some sort of compo for their trouble.
My point is that surely if the rooms are designated smoking then it's up to the hotelier to then ensure that false alarms from said rooms is aleviated (ie - heat detectors worse case) or that an investigation time for residents room is in place.
My own opinion is that she contact her credit card company and pay them the fee to retract payment,pending possible small claims court proceedings by the hotel to recover their "cost" for allocating a room not suitable for purpose.

[CivvyFSO]

Sounds a bit ridiculous to me. I would be considering going to the press about it, and would certainly take some legal advice. (many household insurance policies include legal cover now, its worth asking the question)

If the hotel decided to compensate their customers then that is surely up to them? I have never heard of any other hotel offering compensation if there is an alarm.

[Allen Higginson]

Sounds a bit ridiculous to me. I would be considering going to the press about it, and would certainly take some legal advice. (many household insurance policies include legal cover now, its worth asking the question)

If the hotel decided to compensate their customers then that is surely up to them? I have never heard of any other hotel offering compensation if there is an alarm.

Thats what I have thought - if it had been malicious (ie - activating a MCP for a laugh) then fair enough.
I have stayed in hotels where the fire alarm has went off and only one has offered a gesture for inconvenience (by way of a free weekend for 2) - in fact,the fire alarm has gone off in most of the hotels that Ive stayed in!!

[Wiz]

I agree that she should go to the Press.

In all events, unless the hotel's terms and conditions stated that such a charge could be made. and that these terms and conditions were deemed to be reasonable by the office of fair trading, and it could be proven that she was made aware of such a potential charge at the time of booking, she would wipe the floor with the hotel in a legal action in respect of taking an unauthorised charge from her card. Most laws affecting the general public are totally on the side of the consumer and not the business.

Even if she was made aware of the potential of such a charge, it would be very easy to argue (if the circumstances described are fully correct) that the fire detection system was not 'fit for purpose' or to argue that there was no actual proof that smoking activated the system anyway.

In saying all of the above, I was automatically given a room rate reduction by a hotel in Birmingham because of the operation of the fire alarm system in the early hours of a cold February morning  a couple of years ago(subject of an earlier Firenet posting).

[Wiz]

...... in fact,the fire alarm has gone off in most of the hotels that Ive stayed in!!

Hmmmmm

[Allen Higginson]

...... in fact,the fire alarm has gone off in most of the hotels that Ive stayed in!!

Hmmmmm

Yeah,I know - fortunately none of them are under maintenance to me so i wasn't involved in generating a call out!

[Galeon]

So if the detection had kicked off in a non smoking room , and she wasn't a smoker would the same apply , nice little earner if you can get it .
Contact the BBC and see if their consumer programme is interested in this one .

[nearlythere]

Just got a call from a friend regarding a friend of his daughters nice extra charge from a hotel on the outskirts of Belfast.
She checked in and requested a smoking room with she was duly allocated.Later,she had some friends back to the room and they were smoking in her smoking room.Needless to say,the smoke detector installed in the room activated by the smoke.
She has since learnt that the hotel has charged her credit card £1600 for the cost of having to offer the other residents some sort of compo for their trouble.
My point is that surely if the rooms are designated smoking then it's up to the hotelier to then ensure that false alarms from said rooms is aleviated (ie - heat detectors worse case) or that an investigation time for residents room is in place.
My own opinion is that she contact her credit card company and pay them the fee to retract payment,pending possible small claims court proceedings by the hotel to recover their "cost" for allocating a room not suitable for purpose.

I would be more inclined to report the matter to the police as theft.

[Ricardo]

So if the detection had kicked off in a non smoking room , and she wasn't a smoker would the same apply

Exactly, what if she was running a bath with the bathroom door open and the bedroom detector actuates as a result would she be charged a fee for that? accused of being negligent by not having the bathroom door closed while running her bath? Is there a much of a difference between the smoking one and this? unless of course the hotel has a sign or instruction saying dont run baths with bathroom door open or else. The worlds gone mad, good luck name and shame the hotel I say.

[Allen Higginson]

Cheers for the replies guys - the hotel is part of a large chain but I'll say no more.

[David Rooney]

I'd say they were ou and out taking the mick....

As above... ask to see terms and conditons, and as you say, perhaps point out the fact they have let a room that is not fit for purpose.

Contact trading standards......!!

[Graeme]

question is...

what excatly were they smoking???

[Chris Houston]

Firstly I would tell the cardit card company that it was not authorised.  Secondly they can only argue that this formed part of the contract if she was made aware of it before signing the contract (when the booking was made) and if a court agreed that her powers to negotiate out such a term were there (seems unlikely, Unfair Contract Terms Act 1974, I think).  Further, under same law, penalty charges in contracts must be fair and reasonable, this doesn't appear to be so.

If anything, I would expect money from them, as no doubt she was kicked out of the room while their non fit for purpose fire alarm system was activating!

Total chancers, don't pay, kick up a fuss, tell credit card company to refund it.

[messy]

I would also ask the Hotel to supply evidence that the fumes from the cigarettes (or whatever was being smoked) was responsible for the actuation. In addition, if this is a large Hotel chain, I'd contact them and ask if it's their policy and if so, post the name of the Hotel Group here.

[Davidrh]

Hello (I/m the hotelier)
Is it unitended consequences here.
We (hotels) are trying to enforce an army's worth of red tape including Fire regs.
As Joneseys would say "The punters don't like it"
We are a totally non smoking hotel.
I am in the process of installing Optical Smoke Detectors (instead of HD's)  as a compromise with my local brigade who originally wanted Fire Door smoke seals.
BUT.. I have to deals with guests who simple will not abide by the rules.
We have our registration contracts. We have our patrols. We change nets every week because they burn them smoking out the window. etc etc etc.
I appreciate that in the case Buzzard was writing about they were allocated a smoking room but what on earth is a hotel supposed to do (its heads you lose tails you lose)
You know something. I really do not blame any hotel for coming down hard on these people. (and as usual it is a small mindless minority. They have brains. They know they are in a hotel. They know there are smoke alarms...  THEY cause they problem THEY need to pay
Why should the rests of the gueSts have to suffer the consequences because they need A FAG