A fee for lighting up in our room? But we don’t smoke!

Question: My brother, his wife and two kids, ages 17 and 20, recently visited me to attend my wedding. They booked a room for one night at the Best Western Yucca Valley Hotel & Suites. When I returned from my honeymoon, I learned the hotel had tacked on a $250 charge for smoking in a nonsmoking room.

My brother and his family do not smoke. Never have. When I called the hotel, I was told that a housekeeper had found ashes on the windowsill in the room. I asked if it was possible if one of the housekeepers or a workman had smoked in the room, not realizing that it was a nonsmoking room. I was told in no uncertain terms that none of the employees had smoked in the room.

I asked to speak with the manager and was told she was not there but I could leave my number and she would get back to me. I did this several times over the past two months, but the manager is never there. I’ve also tried to contact the hotel’s owner, but I’ve never been able to get through to a real person. Can you help? — Barbara Prestridge, Yucca Valley, Calif.

Answer: Best Western shouldn’t have charged a $250 cleaning fee unless it had hard evidence that your brother and his family were lighting up in the room.

Finding cigarette ashes on the windowsill may work for the hotel, but not for me. Catching a guest with a cigarette in hand, yes. Cigarette butts in the garbage can? Sure.

But ashes on a ledge? I don’t know about that.

If a hotel suspects a guest of smoking in a nonsmoking room, there’s a right way and a wrong way of handling the situation. The right way is to speak with the guest before checkout, mentioning either the suspicious smell or evidence that someone was puffing away in the room. The wrong way is to not tell anyone about the charges and quietly add them to the final bill.

Am I saying these cleaning charges are bogus? Absolutely not. No one should be smoking in a hotel room, period. The stench of cigarette smoke lingers for many days and seeps into everything, drawing complaints from future guests. I have no sympathy for anyone who smokes in a nonsmoking room, no matter what their circumstances, and I think a $250 fee is letting them off easy. But they may have fined the wrong guest.

One thing about your account raised a red flag: The ages of your brother’s children. Had you said they were 7 and 10, it wouldn’t have made a difference. But at 17 and 20, you really can’t be entirely sure that they aren’t sneaking a smoke when mom and dad aren’t looking. I’m not saying that happened, only that it makes it a little more difficult to disprove conclusively.

Your communication with Best Western took place entirely by phone, which didn’t help your case. I would have sent a short, cordial email to the hotel. It takes a little sleuthing. I couldn’t find a Web form to file a complaint, so your best bet would have been to call the property and ask for an email address.

That sounds like a lot of trouble, but having a paper trail is important. In the unlikely event you have to take the hotel to small claims court, their responses will become valuable evidence. Also, should you have disputed the $250 charge on your credit card, the correspondence would have been useful.

It turns out that was unnecessary. I contacted Best Western on your behalf, and it offered you a $250 voucher, which you accepted.

  • Steve

    If they’re satisfied with the $250 voucher, then I guess it’s okay, but IMHO that’s not good enough. If they indeed did not smoke in the room, they deserve a $250 *refund* of the fee that was assessed.

  • Joey

    Yeah, a voucher is an easy out–it costs them nothing upfront, they get to keep the $250 cash and there’s a significant chance the voucher will never be redeemed. And even if it is redeemed, they’ll have the opportunity to get some income off them. I’d call that a win for the hotel.

  • Rich

    I wonder if more cash-strapped hotels will start charging non-smokers for smoking, like rental car firms charge for phantom ‘damage’.

  • Gerry

    “I wonder if more cash-strapped hotels will start charging non-smokers for smoking, like rental car firms charge for phantom ‘damage’.”

    I’m wondering this too. The hotel was very much in the wrong to fail to produce evidence of the smoking and to stonewall their guests with flat denials when they cannot possibly be certain of their facts. (“I was told in no uncertain terms that none of the employees had smoked in the room.”) At every hotel I’ve frequented, I’ve seen groups of housekeeping staff outside, smoking. For the hotel to brush off the possibilility that the housekeeping staff were smoking in the room is bizarre and unsettling, given that they KNOW that there are smokers among them.

    The hotel doesn’t say how they discovered the ashes. Does management do a walk-through right after guests leave, or did the housekeepers report the ashes at the end of their shift to a manager who never leaves his office? Did the housekeepers or management have any corroborating evidence, like a photograph of the ashes, or is the hotel satisfied that a note on the housekeeper’s worksheet is worth $250, especially given how much money $250 is? Did a manager visit the room after the discovery of the ashes to confirm that it had the odor of smoking? If not, why not? And if someone had smoked in the room, why didn’t the staff report an odor?

    It sounds like this hotel has found a way to extract $250 dollars extra out of every guest on the basis of “cuz we said so.” That’s contemptuous and dishonest – as contemptuous as telling a previous guest ANYTHING in “no uncertain terms.”

    I have mostly given up traveling, in part because of the tiresome hypervigilance required to keep from getting scammed by rental car companies (who have made a specialty of it, as the recent interview confirms), by airlines and now by hotels. (Fortunately cruises are completely optional for any kind of travel, which makes their frantic attempts to join the rotten-service, auxillary-revenue-collecting crowd more humorous than frustrating.) I guess I need two more items on my travel checklist: 1. At check-in, ask about the procedure by which management determines that a room has been smoked in. Does management do a walk-through before rooms are cleaned? How do they determine that those $250 lovely auxilliary revenue dollars should be charged? Do they photograph physical evidence that smoking has occurred, or is any schmutz good enough, given how much money $250 is? 2. Carefully double check for anything that might be construed as cigarette use in the room and bring it to the attention of the desk staff at check in. Follow up with an immediate email, insisting that the report of smoking be added to the room file.

    I would strongly urge the OP to have her sister review this hotel on every online travel forum, laying out all the evidence in detail that the hotel scammed them. At the very least, other travelers deserve a warning that this hotel isn’t holding itself to very high standards of service OR honesty.

    Gerry

  • Thalassa

    Chris, I immediately thought of the kids as well. That’s a classic trick by a kid – smoke by the window so the smoke goes outside, and mom and dad don’t know.

    I think they need to be sniffing the kid’s clothes, and checking the ashtray in his car.

  • Steve

    @Rich: I hope not, but it’s definitely a possibility. Any time a business wants to impose a penalty based on subjective evidence (so-and-so said that she found cigarette ashes, etc), it opens the door for unscrupulous management to make fraudulent claims.

    Having said that…I have *zero* problem with charging a $250 fee for smoking in a non-smoking room as long as the fee is disclosed (and every hotel at which I’ve stayed has disclosed it) if someone actually smokes in it. My problem is that the onus seems to be on the guest in these cases to prove that they didn’t smoke in the room, and you can’t prove a negative. Which is why it’s equally ridiculous for the hotel to insist that no employee smoked in the room. The only way for them to legitimately make that guarantee is if they have security camera footage indicating that after the guests left, no one entered the room until the employee who reported the ashes – and that said employee left the room quick enough that he/she couldn’t possibly have lit up before reporting them. Outside of that, there is a possibility (however slim) that the employee smoked in the room.

  • KD

    Chris.

    Cigarette butts is a trash can should also not be a deciding factor. My smoker husband pockets cigarette butts from smoking outside. Its a habit he picked up in the military (no throwing butts around all those things that can go Boom) and then deposits them in a convenient trash can all of the time. In fact, I had surgery a few weeks ago and the hospital house keeping staff originally tried to say he was smoking in my hospital room, which we quickly cleared up. A more indicating factor would be for the manager (not the staff) to pick up the smell of smoke in the room immediately after vacancy. In fact, I see this as the only way to indicate smoking in the room besides being caught red-handed. Maybe this needs to take place while the room is being moved out of to give full-disclosure to the consumer:)

  • Arizona Road Warrior

    Unless the OP is a frequent guest of Best Western hotels, I think that the $ 250 voucher is ‘worthless’ because there is a good chance that the voucher could be lost, will never be redeemed, etc. Get cash!!!

    I am a non-smoker and I always reserve a smoke-free room. There have been a few times that I have walked into a room that had a odor that smelled like smoke…the first thing that I do is to call the front desk (I ask for their names so that I have a record of my call) to report that there is a smell and it could be cigarette smoke…then I will look for ashes; open the windows and/or run the AC. If the smell doesn’t go away in 15 minutes, I will call the front desk to report it so that if I am not switched to another room, i will not be charged for smoking in the room.

  • Chris in NC

    My wife and I are very sensitive to smoke. One of the reasons we like Marriott is their system wide smoke free policy. Yet, on several occasions, our smoke free room has been smoked in before. I do what AZ Road Warrior does, and we don’t hesitate to change rooms, even if it is late at night or we are tired.

    I have no problems with a $250 smoking recovery fee, but only f they use it to CLEAN the room! Everywhere we’ve stayed, the fee and policy have been well disclosed. However, I don’t know how the properties actually enforce this rule.

  • Chris in NC

    OK, before someone jumps on me, Marriott’s NORTH AMERICA smoke free policy, since 95% of our travel is in North America!

  • Drew

    Heh… actually, you’d be surprised… a lot of Marriott’s world-wide properties are going smoke-free as well. I spend a lot of time in Germany, and all three properties I routinely stay in there are smoke-free as well!

  • Question

    This is the third story of this type I’ve heard in the last year or so. In all cases, the hotel swore that the guest smoked in the room and the guest swore he/she did not smoke. In one case, I knew the person. I know this person does not smoke. But, the hotel had “photographic evidence” it was not willing to share with the guest. Because that was a conference event, my friend had to get the conference organizers involved to get refunded the cleaning fee she was charged.

  • Chris in NC

    @ Drew

    That leads to a second question. Exactly how does a hotel “clean” a room or convert a previous room from smoking to non-smoking? I noticed that one hotel that we stay at frequently has all of a sudden become 100% smoke free. Do they replace all the furniture, carpet, window drape and paint the walls or does it just it just get a non-smoking sign on the door?

  • Steve

    @KD: Good point. I’m a light smoker and one of my pet peeves is people who leave cigarette butts on the ground. If I’m smoking outside and there’s no ashtray, I put it out and then throw it away somewhere. I would probably not put one in the garbage in a non-smoking hotel room, both to avoid any suggestion that I had smoked in the room and because there would probably be a garbage can outside anyway…but throwing away a cigarette butt is not the same as smoking.

    On a similar note, when we were in Las Vegas we booked a nonsmoking room (my wife doesn’t smoke, and doesn’t particularly like it when I do, so we always book nonsmoking rooms). I had a empty pack in my pocket and almost tossed it in the garbage in the room before deciding to take it down to the casino floor with me to throw away…why give them a reason to suspect I’d been smoking in the room when I hadn’t?

  • Thomas

    Smoke in the bathroom! Exhaust fan and leave the butts in the toilet. Problem solved!

  • Katie

    I smoke, and even *I* can’t STAND the smell of stale cigarette smoke. It makes me totally ill (weird, yes, but true). As much as I roll my eyes at people making insane rules for those of age engaging in a totally legal (and profitable, for government anyway) habit, there really isn’t any reason to smoke in a hotel room. I mean, you’re gone most of the day anyway when you’re away for business or vacation, so you can pop out once or twice in the evening. Sheesh. (And I was a majorly heavy smoker, it’s gross, so if I could do it anyone could.)

    Anyway, the first thing I thought of was the older “kids” as well. Speaking again from personal experience, uhh . . . this is the oldest trick in the book. ;-) I could actually WRITE the book on “How to Hide Smoking from Your Parents.” I wouldn’t be surprised if a travel-sized bottle of Febreze and taking turns keeping watch at the peep hole played a role.

    But in all serious, despite my own thinking it was the kids – I actually DO think ashes on the windowsill would be a pretty good objective indicator. I mean, even just a vague smell of smoke isn’t good evidence, as going out for a smoke leaves it on peoples’ clothes, which may “infect” the room. I don’t know what more we could ask for, if we want hotels to be strict about finding people smoking and charging them for cleaning. I doubt many readers would be okay with a hotel employee banging on their door because they think they might be smoking on it, and that’s what it seems a lot of commenters believe is the “only” evidence possible (i.e., catching them red-handed in the act – how is that possible?).

    Anyway, it comes down to either taking our lumps and just gritting our teeth about the fact that jerks smoke in non-smoking rooms (and hotels have little to no way to charge them for it), and just changing rooms, or accepting pretty basic evidence that people have done so and having them pay up. Naturally I’d feel for the family if they truly are innocent, but it seems rather silly to say, “Employees could’ve smoked in the room!” Well, anyone could have, sure. I could’ve snuck in and done it myself. Could have. But probably not. I would guess most employees wouldn’t risk their job for a smoke break.

  • Stephen REED

    Well for sure I will never stay in any Best Western Hotel. After incidents like this and another where hotels.com and a Best Western ripped off a nights stay because of an innocent mistake. I am sure the 200 they got will be more than made up in the future.

  • stephen – nyc

    I think we need to have another CSI investigation. Ashes on a window sill. How long where they there? Is there any proof that the window sills are cleaned every night? Granted, this family stayed only one night, but if there’s no proof that they were cleaned before the family arrived, well, reasonable doubt allows for them to be exonerated. And, yes, a voucher is not the same thing as a refund. I would demand a refund. But maybe the family stays at other BW’s?

  • Mike Z

    The $250 voucher was crap IMHO. They deserved a full refund back to their account.

    As a non smoker I can tell when someone has been smoking in a room or car, even a day or two earlier. It’s easily noticable to someone who doesn’t smoke and isn’t around others who always smoke. If the people really would have been smoking in the room, there would have been a noticable smell. And even if the window is open, you still get that smell inside the room.

    Also, if the room doesn’t smell of smoke, why would it need a $250 cleaning? Isn’t the cleaning there to get rid of all the odors?

  • Jesse

    I am staying at the same hotel (same room even) for the duration of the project I am working on. The first time I was in that room I did not really notice the smell but I could not fall asleep either.

    Some hotels even charge less for that, I’ve seen $100 tag on it but it is hard to prove someone actually smoke inside a room.

  • Joe

    Hotels should offer smoking rooms, but add an extra charge. I’m a smoker and would gladly pay the “Smoker’s resort fee” for a smoking room.

  • http://www.cockam.com ajaynejr

    The hotel can say it has photographic evidence to induce the guest to ‘fess up but if I disputed it then I would expect that the hotel has to prove that I smoked in the room before it was entitled to charge me the fee or penalty.

    Once I stopped by an (auto) accident scene I saw and gave my name as a witness. No one contacted me later. I suspect my showing up induced the parties in the accident to be honest.

  • Bk

    Sniffing your 20 year old clothes? You nucking futs? Get a grip. How about lick the rubber to make sure he’s not having anal with his best friend. I bet your husband is jerking it right now to all that Internet porn…better check those hand lotion bottles!!

  • Operamann

    I had a similar thing happen at a Courtyard Marriot in San Diego last month.  I am a certified NON smoker.  I was there for a singing engagement (Opera and Broadway). I later saw on my C Card that they charged me $280 for smoking in the room.  I called their management and they have refused to remove the charge saying that they had “evidence” that I did.  Really?  I am avid traveler and have traveled and stayed hundreds of nights in hotels.  I am appalled at this kind of white collar crime.  It’s like being slammed by the cell phone companies in the mid nineties.  I am still pursuing this as it now has become a matter of principal.