Hotel luggage theft: “He looked like a professional”

Athena Foley and her husband wish they’d never stayed at the Hotel Ändra. When they checked into the Seattle boutique hotel this summer, one of their bags was stolen after they surrendered it to the bellhop.

Foley lost $1,000 worth of items, including clothes, eyeglasses and medicine. She wants the property to compensate her for the loss. But today’s “Is this enough compensation?” case is not an open-and-shut case, as you’ll see in a second.

Let’s listen to her side of the story first.

When we pulled up in front of the hotel, the bellhop unloaded our luggage from the car onto a cart, and he whisked it away.

It turns out he just parked it in the lobby. When the bellhop brought our luggage to our room later, my bag (holding approximately $1,000 of stuff, including eyeglasses and medicine) was not there.

At my insistance, the hotel finally reviewed its security tapes and sure enough, a week after we left, the hotel confirmed that a man is seen on the tape stealing my bag. The hotel said he looked like a professional.

Have a look at Washington State’s lodging laws, which essentially let the property off the hook. In order to get compensated, Foley would have to prove “gross negligence” — and even if she could, she’d be limited to $200 in compensation, according to my non-lawyerly reading of the rules.

Related: In today’s edition of The smarter consumer, look out for these holiday scams.

The Hotel Ändra filed a claim with its insurance company, but — get this — it was denied because “the bag was left in a public space,” according to Foley.

“I say that the bag was in the hotel’s possession and that it failed to use a duty of reasonable care in securing the bag,” she says. “The hotel parked it there without any input from me.”

After a month of back-and-forth, the hotel came forward with new information about the incident.

We were told that the clerk behind the counter says she offered to move my luggage to a more secure location. That is nonsense. Why would I possibly refuse such an offer if it ever had been made?

I think that the hotel took possession of my bag and handled it negligently. The bellhop parked it in a place where it was vulnerable to theft, and furthermore, it was parked there longer than it needed to be.

I’ve reviewed the correspondence between her husband and the hotel, and I don’t see anything in it to contradict her account. I’m troubled by the insurance company’s refusal to honor the claim — seems like a cop out. If the hotel accepted the luggage, it shouldn’t matter where it stored the bags; it is responsible.

The Hotel Ändra refunded her one night’s lodging and offered to refund a second night. Foley doesn’t think it’s enough, and she wants to be reimbursed for her loss. It looks as if the hotel, its insurance company and Washington State law is standing in the way of that.

  • Eric

    I wonder how much all the negative PR is going to cost the hotel?

  • Martin

    Something like leaving the bags on the curb would certainly be gross negligence, imo. The lobby is a bit tougher and I’d think would depend considerably on how long they were left unattended. If they were out there for a couple hours with nobody around, maybe so. But a few minutes? That probably wouldn’t rise to that level.

    I’m always amazed we don’t hear more stories about bags being stolen from airports. Everytime I’m zoning out waiting for the luggage carousel to bring my bags I wind up staring at a pile of obviously unclaimed luggage sitting in some corner completely unattended.

  • Lclar

    The bellhop is an employee of the hotel.  Once the bellhop handles the luggage, the hotel had entered into a “bailment” relationship, and has to exercise reasonable care.  Here, the insurance company has determined that the luggage was left in a public place.  Leaving valuable ($1.000) personal property in a public place is negligence.  I think a good case can be made for waiving the $200 limit and recovering the full cost of the lost property.

  • Martin

    And, of course, even if we were so anal as to snap picks of the insides of our bags, that still wouldn’t necessarily be enough to prove anything to the satisfaction of a stubborn lawyer or hotel manager. The photo would simply prove that I had items like I claimed were stolen. There’d be no way for me to prove that I hadn’t later put my glasses/meds/etc. in a different bag or even left them at home. I’m sure some would claim my having photos made it MORE likely that I’d concocted the whole thing.

  • Martin

    “If her “expensive” items were in her suitcase, then she gave this same suitcase to an airline?  Ridiculous.”

    Why would you assume that they were in checked baggage as opposed to a carry-on? 

  • Vanessa

    The problem is that we don’t know what was in the suitcase.. so I think the hotel offered her enough compensation. I do however believe insurance should have covered the theft and paid the max due to the hotels negligence.  Either way this is a good rule of thumb.. don’t let the bell hop take your luggage unless it’s in plain sight at all times.

  • Carver

    My glasses cost $700.00 each because my prescription is really strong. If she has a deductible before her insurance pays for meds, she can easily have thousands of dollars worth of meds without really trying.

  • Carver

    My glasses cost $700.00 each because my prescription is really strong. If she has a deductible before her insurance pays for meds, she can easily have thousands of dollars worth of meds without really trying.

  • Carver

    I too am an attorney.  I agree with much of what you said, but I have to disagree with one point.  If a hotel employee loses his electronic master key, and the hotel can cancel it but doesn’t, I would say that’s gross negligence.

  • Elmo Clarity

    The reason those “idiots” go on those shows is because they have nothing to lose so to speak.  I know at one time, when People’s Court was just starting, each side was paid $10,000.  Any judgement would come out of that money.  Since at the time, the max you could sue for was $5000 that means that even if you were dead wrong and lost the maximum amount, you still walk away with $5000.  And who remembers who those idiots are 5 minutes after they leave the court?

  • Elmo Clarity

    The reason those “idiots” go on those shows is because they have nothing to lose so to speak.  I know at one time, when People’s Court was just starting, each side was paid $10,000.  Any judgement would come out of that money.  Since at the time, the max you could sue for was $5000 that means that even if you were dead wrong and lost the maximum amount, you still walk away with $5000.  And who remembers who those idiots are 5 minutes after they leave the court?

  • Tony A.

    I agree. I just bought a 25″ Eagle Creek Tarmac luggage which I hope will outlast me. Cost about $250. Unbelievable. There are cheaper ones but they break so easily.

  • Tony A.

    I agree. I just bought a 25″ Eagle Creek Tarmac luggage which I hope will outlast me. Cost about $250. Unbelievable. There are cheaper ones but they break so easily.

  • Tony A.

    How about creating something like a Universal Act the State Legislatures can agree on regarding Consumer Travel Rights in areas that are not per-empted by the Feds (e.g. Airline Travel). At least the States can enact decent consumer protection laws for hotels and car rental companies.

  • Tony A.

    Oops I meant UNIFORM ACT.

  • Vagabond

    How can you possibly vote “no” when there is no way in the world to know what was in that bag.  if my bag got stolen, there would have been at least 2K worth of camera equipment…..

  • Jimmie

    With the few people that read this, almost zero.

  • Jimmie

    Hotel on a busy street… watch out for those. 

    Wow.

  • Brooklyn

    You’re kidding right?

  • Vinnie

    This site has a virus.  Be careful.

  • Brooklyn

    is he supposed to stand next to the cart until you figure out what to do?  I don’t think so.

  • Tony A.

    The usual and customary expectation is for the bellhop to take my luggage up my room. I guess he wants a tip, correct? Whether he stands, sit, or jump up and down while I check in and get my keys doesn’t matter. Usually the bags follow later anyway. That’s why good hotels have secure holding areas and use bag tags.

  • Tony A.

    No. I’m not kidding. This is typical of 5 star hotels in SE Asia.

  • Anonymous

    Actually Washington State small claims limit is $5000.  See here http://www.courts.wa.gov/newsinfo/resources/brochure_scc/smallclaims.pdf

  • Adriana Gores

    Maybe i’m missing something here but isn’t it standard operating procedure that when a bellhop takes your luggage when you arrive at a hotel the assumption is he or she is taking it up to your room while you are checking  in and meeting you up there? What would ever be the justification for just leaving it in the middle of the lobby unattended? Just asking.

  • Carrie Charney

    How about posting the experience on Trip Advisor? A short paragraph about the theft with the hotel failing to recognize its responsibility and a warning to all visitors to keep their eyes on their luggage when they check in should do the trick….if TA posts it.

  • Anonymous

    I had a somewhat similar experience back in ’82:  I handed my car to the valet to be parked Sunday, and asked for it back when I checked out the following Saturday.  There was a big diplomatic reception going on that evening, and my guess is the valet temporarily parked my car somewhere outside of the hotel.  With all those high-priced cars, some tasteless thief stole my Plymouth Horizon Miser :-(

  • Anonymous

    No, hotel security in name-brand hotels in India is at least as tight.  That includes Renaissance, Hilton and Holiday Inn.  It’s been that way at least since the Mumbai bombings.

  • Anonymous

    Me too. We’re heading to Portland and Seattle next summer on a family vacation. We’ll be sure to avoid this place.

  • http://www.pipdigital.com Nancy Dickinson

    Linda – do you take medication for this personality defect?  Yes, she WAS offered a “voucher” of sorts.  They didn’t hand her any money and whether she got the money or not is also irrelevant.  She lost nearly $1000 worth of personal items, including medication.

    Seems to ME that YOU’RE the one who doesn’t read very well.  But – nice try.

  • http://www.pipdigital.com Nancy Dickinson

    But something a lot of people don’t know is: every bad experience a consumer has is shared many, many times over, using the product of 9. This story has now been talked about at the dinner table, been tweeted and passed on…  Chris actually has a larger readership than you give him credit for.  This column is read by travel executives all over the country and it would SHOCK you how far his reach is for the right story.

  • Marvin

    I’m impressed with the smart travelers who have commented !

    1. Hotel Andra in Washington…. Thanks for mentioning the name of the hotel.  I wouldn’t stay there even if it meant sleeping at the airport.

    2. Keep valuables with you.

    3. Use the small, digital safes that are found in many rooms for laptops, SLR cameras, jewelry, etc.

    4. I’d go for small claims court… if only for the “pound of flesh.”

    5. I wish this traveler would sue in the state court claiming negligence.  Taking posession of a traveler’s luggage and then leaving it unattended to my mind is negligence.

  • Cheryl

    Have you priced glasses lately, especially if you have bi-focal glasses!  They can easily set you back $500!

  • MikeZ

    If you read the law Chris quoted, it states that the limit is $200 UNLESS a higher amount is agreed upon. I’d be willing to bet that somewhere in the fine print of the hotel’s paperwork that there is language spelling out what the hotel is liable for, and how to go about filing a claim. there may even be language in there about limits of liability, which would then make that $200 VOID.

    Also, there may be other laws on the books in Seattle which may help. Considering the law talks about rooms for a quarter, i’d say we are talking well over a hundred year old law.

  • Sadie Cee

    In three different countries where check-in and check-out times did not coincide, my luggage was stored for me temporarily in a locked room located either behind or in front of the front desk.  I took it for granted that all hotels provided such a service. 

    Also, after my hard-learned lesson in 2007, I will NEVER ever transport medicine in anything other than my purse or carry-on bag.  The other lesson I have learned is never to travel from home with any item that I cannot afford to kiss goodbye if it goes missing.

    Another consideration, my home insurance covers me up to $2,000 (deductible $300) for items lost away from home.  I have never made a claim but would hope that there would be no quibbling if I did. 

  • Jamiru

    MarlaM, you are right on the money (no pun intended). You can get to $1000 VERY
    quickly with a suitcase packed with only travel basics. For example, say
    I packed for a work trip wearing only things purchased at J Crew. The
    tally would look something like this:

    Suit jacket – $230

    Pants – $118

    Dress – $188

    Blouse – $98

    Shoes – $198

    Nightshirt – $59

    That gets you to $891 and it doesn’t include undergarments, glasses, meds, toiletries or anything else.

  • Tony A.

    Great advice Sadie Cee. I have to say “me, too” on your experiences.
    I have never experienced a bellhop simply leaving my luggage in a place where it will be easily stolen. Someone posted here the possibility of an inside job. Maybe.

  • flutiefan

    same here. last sentence killed it.

  • flutiefan

    uh, nice try, but Steve R did, in fact, say “As for “valuables” in the luggage, I would argue that the guest didn’t really have anything special packed in her suitcase…$1000 isn’t that much money.”

    perhaps YOU should actually read the original comment.

  • flutiefan

    similar experience in Cancun several years ago. between check-out and our shuttle to the airport, we checked our bags with the hotel. when it was time to leave, we came back to one of my tote bags missing. it was the one where I had thoughtlessly placed my passport, among other travel items. i was freaking out! as it turns out, there was a tour group who’d checked in many of their items, as well.  the bellhop must’ve thought my tote belonged to them. the Tour Leader then assumed it belonged to someone in their group. after they checked the storage room and the bus’ luggage compartments below, and just as their bus was getting ready to pull away — and the bellhop was insisting they never had my bag — i begged to just take a quick peek on the bus and talk to the Leader. lo and behold, there was my tote on the front seat. the Leader was wondering whose it was! sigh of relief, but it made me mad that i had a claim check for the item and yet the hotel insisted they never saw it. 

    lesson learned!

  • http://pulse.yahoo.com/_UXYCSJ4OYHSUAQSSHVEO6YL7OY Robert
  • internet marketing belgium

    nice post .:)

  • http://pulse.yahoo.com/_HMW3OTJSBDWWRKIEKEKWWM7BEA bc

    You sir are lucky to live in an ideal world where nobody steals, and hotels take 100% responsibility for lost/stolen items but unfortunately don’t live on the same imaginary planet that you do. The fact is there’s weaknesses in the system. I suppose you also pack your valuables in your checked luggage at the airport because you believe an airline will take reasonable action to protect your contents. I didn’t think so. 

  • http://pulse.yahoo.com/_HMW3OTJSBDWWRKIEKEKWWM7BEA bc

    Call it paranoia but I don’t trust any stranger with my valuables when I travel. I have no problem handing over my suitcase to a bellhop or taxi driver or gate check agent, but I draw the line at my carry-on bag. It simply doesn’t leave my side. It usually contains my money, passport, phone, electronics, medications, cameras and anything else easily stolen and converted to cash. I’ve been very lucky and have never had a problem with missing items as long as I’ve followed these precautions. 

    It’s sad that we must be constantly vigilant against opportunists like the one that took advantage of a lazy bellhop but that’s how it is. If my personal security risks offending someone by saying, “Thanks I can handle my bag” then so be it they have bigger problems than a single NO if it’s that big of an insult.

  • Anonymous

    I did not say theft never happens.  I simply said that checking your luggage with the bellhop, where it isn’t supposed to leave the locked room, is a reasonable thing to do and that it is NOT reasonable to assume any traveler will haul anything worth more than a couple hundred bucks around town all day long.  If you have a $500 suit, are you supposed to schlep your garment bag to the museum you planned on visiting?  To the show you wanted to catch?  To the restaurant you wanted to eat dinner at?

    With an airline, there is far more room for error; bags can be lost (or rifled) by the TSA, baggage sorters, baggage loaders, baggage unloaders, maybe another round of sorting, loading, and unloading.  Yep, that’s risky.  Handing bags to a bellhop, and then picking them back up, is less risky, although the risk certainly isn’t zero, and I never claimed it was.

  • http://pulse.yahoo.com/_HMW3OTJSBDWWRKIEKEKWWM7BEA bc

    In hotels there are equal numbers of opportunities for theft. There are literally dozens of employees that could have access to a luggage closet or luggage cart between my room and reception. I don’t see why you have an higher expectation of security at a hotel staff than you do of an airline. In fact, with the terror threat constantly touted by the TSA you should have a higher estimation of security for airline baggage than you would in just handing your bag over to some bozo with a name tag. We both know that isn’t true either.

    If you read my other replies I don’t have a problem sending a suitcase with clothes in it with a bellhop because there’s literally zero value in selling used clothes (even your $500 suit) for a thief. My point was clear, valuables stays in my carry-on which is attached to me throughout the travel process. 

    If you’re happy handing over everything to a bellhop, by all means continue. 

  • simondelao

    Typical of most service businesses today, penny wise and dollar foolish. The negative publicity generated by this incident must be lost on the hotel’s owners. I bet during the same meeting they screwed the family out of their compensation, they lamented their lower revenue over the past quarter. With the internet how can companies continue to be hard nosed heartless thugs today?

  • csbella

    I think the hotel should have given her more compensation.  They are clearly negligent.  However, alot of this could have been avoided.  Who turns over a bag with $1000 worth of anything to a bell hop.  If I lose a suitcase, I could easily replace everything without much difficulty or expense, because I would never turn over my medication or glasses to anyone.

  • Bill___A

    Hotels and other travel companies leave bags unattended and lying around all of the time.
    I am surprised more thefts do not occur.   Valet parking at the JW Marriott in New Orleans left my rental car running and unattended as they went to get another car. Anyone could have stolen it.
    For those reasons, I try not to stay in places that only have valet parking (if I have a car) and I definitely do not leave bags with bellhops.

    As for Washington (and other) law, they should be changed to read that the hotel is liable to the full cost of the lost, travel incovenience, pain and suffering as well as punitive damages when the loss is caused by their negligience (as appears to be so in this case).
    There is no excuse for leaving bags unattended ever.