The strange case of the dog bite and the $2,305 hotel bill

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Question: I was scheduled to attend a veterinary dental seminar in Colorado a few months ago. Somehow, I accidentally booked a room at the Holiday Inn Express and Suites Colorado Springs for an entire month — February 16 through March 16 — and I didn’t realize the mistake until the day before my departure.

I called the hotel to let them know I had made the error. They said that a refund would be at the discretion of the manager and that they would leave her a note and we would discuss it when I arrived.

Unfortunately, that day at work I was severely bitten on my right hand by a dog. I had to go to the ER after work and the doctor told me I had to cancel my trip for the next day, as I would most likely need surgery. I called the Holiday Inn that evening to tell them that I would not be able to make it and asked the office manager to return my call to discuss the error I had made.

She did call and left me a message saying that I would be charged for the entire 30 days — $2,305 — because I had made a non-cancellable, non-refundable reservation. I have always offered to pay for the three nights that I intended to stay.

I have disputed the charge via my credit card and have also repeatedly contacted the guest relations department. I know that I made the mistake, even though I have no idea how I did it. I just feel that this is wrong. Thanks for any help you can give me. — Amy Rossi, Seattle

Answer: This is one of the strangest cases I’ve ever heard of. Not just being bitten by a dog before a dental seminar, but also being charged two grand for a room you never used.

Let’s break this problem down into its components. Holiday Inn, like many hotels, now offers some nonrefundable rooms. Terms are clearly disclosed, whether you’re booking through an online agency or the Holiday Inn site. So before you made the reservation, you should have been informed that you’d be charged, whether you showed up or not.

Keying in the wrong dates is an easy mistake to make. I’ve done it a time or two. Those helpful online calendars that allow you to click on your desired date can sometimes get slippery, depending on which browser you’re using. That’s why you have to double- and triple-check the dates — first when you make the reservation, then when you pay, and then when you receive the confirmation.

I think you may have skipped a step or two. That’s perfectly understandable, but Holiday Inn is right. Technically, it can charge you $2,305.

I guess the question is, should they charge you $2,305?

Had you made it to Colorado Springs, then your request for a refund might be difficult to grant. But since you couldn’t travel because of circumstances beyond your control, I think the hotel should have shown some leniency. After all, when a hotel can’t accommodate you for reasons beyond its control, like severe weather, we’re asked to be understanding. Shouldn’t it be, too?

I contacted Holiday Inn on your behalf. It agreed to refund you for all but two of the nights.

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  • TonyA_says

    I used to go the COS since FedEx has a big data center there. I agree it is pretty out there. I never thought it was ever that busy but then again I was never a tourist there (just a worker) and if I recall that HI the OP is talking about was very near where I used to go. So I suspect it is more of a business center hotel. I’m not sure February is a great time to be anywhere except a beach. So I doubt that hotel was that busy.

  • TonyA_says

    Oh sure, 100% she made a very stupid mistake. She admits it. But to me the penalty does not match the “crime”. If the penalty or liquidated damage is TOO HIGH or EXCESSIVE then it becomes PUNITIVE. That is not what the law intended when it allowed for liquidated damages to be part of a contract.

    Look if she intended to stay a night or two and she mistakenly booked a month and she stands to lose 28-29 days worth of money, then that surely looks and sounds PUNITIVE to me.

    If we really want to hold people accountable then lets go after politicians, lobbyists and bankers first.

  • Joe_D_Messina

    You’re correct about the hotel location and time of year–I hadn’t noticed her conference was in February.  I used to work in that area with hotels. Occupancies after the first of the year would hover around 50% and wouldn’t pick up again until spring was in full force. (Sure, the week of a big conference things might be busy, but no way were they booked solid for month straight that time of year.)  

    But the summer is a different story. Closer to the mountains they even have quite a few of those old-style seasonal motels that are only open for the peak season. 

  • http://elliott.org Christopher Elliott

    If IHG had told her “tough luck” I would have accepted its verdict and maybe written a blog post about it, but as I say in the story, technically they’re correct. It’s a nonrefundable room.

    On the flip side, if I’d just told this guest she was out of luck and I wasn’t going to help her, because rules are rules, I would have had a different kind of problem. I’d have a reader who not only thought I was a useless consumer advocate, but would tell all of her friends what an idiot she thought I was, and how I had no business being in this line of work. I try to avoid that wherever possible.

  • http://elliott.org Christopher Elliott

    Thanks for posting, and welcome to the ranks of non-lurkers!

  • TonyA_says

    Bodega, Worldspan (Travelport) has a calendar tool in their scripts. But I never use it because I make LESS mistakes if I just  key in the date I want (DDMMMYY format). Those calendar tools and the drop down date menus (worse) are very dangerous if you are dealing with money.

    Also, some of my RETURN flights from ASIA arrive the PREVIOUS day in SFO. So getting a hotel or connecting flight from SFO to some other US city is very tricky since the time and date they arrive in the USA  is BEFORE they left Asia!

    Example: CX 872    HKG to SFO
    Depart HKG  SUN  1230A
    Arrive  SFO   SAT  1000P (-1 day)

  • TonyA_says

    Michael_K, ONE reason to buy travel insurance is not to lose (to protect and cover) the NON-REFUNDABLE payments one has made (paid) since you will lose them if you cancel your trip.

    If your payment is REFUNDABLE then you don’t need insurance on it.

    I don’t think you wrote what you intended to say.

    By the way, the IRONY here is that if the Vet had to cancel her trip because she needed to go have surgery for the dog bite then the insurance would have covered the amount she insured and would LOSE (i.e. the nonrefundable hotel room prepayment) if she cancelled.

    However, if the dog did not bite her (and there was no surgery), then her mistake would NOT be covered by insurance. So insurance is still not a panacea and does not cover mistakes; unless a dog bites you first :-)

    However, she DID NOT buy insurance so the argument is really moot.

  • http://www.facebook.com/people/Cory-M-Juse/562426497 Cory M. Juse

    When booking via the Holiday Inn website, or any of the Intercontinental Hotels, a confirmation screen comes up that shows a reasonably sized calendar with the rate for each night in each day/box.  How this individual missed that, or the estimated total for their stay, which should have stuck out like a sore thumb, then the fault lies entirely with them for continuing to confirm the reservation when this information is clearly shown to them.

    If someone wants to cheap out and book the most restrictive room rate, then they’re stuck with that rate, regardless of whether a dog bit them or their uncle died.  I’m sorry, if you want to go cheap, then you better be willing to accept the non-refundable terms and conditions, and not cry foul when something affects your plans.  

  • Michael__K

    My main point was that this protection is extremely narrow and specific.  It doesn’t magically take your nonrefundable investments and make them “refundable.”

    It also doesn’t protect you from the main problem here — that the OP’s nonrefundable investment was 10x bigger than she had any idea it was.  [Sorry for the lack of precision in my original comment]

    BTW, I wouldn’t automatically assume that a hypothetical claim based on her dog bite and hospitalization would have been approved.

    Did she have any prior bites or injuries which made her more prone to needing surgery? 

    Does she work with dangerous animals as part of her job?  And if so, was she taking a foreseeable risk?

  • http://www.facebook.com/people/Scott-Kopper/1081577657 Scott Kopper

    You mean Christopher?

  • http://www.facebook.com/people/Scott-Kopper/1081577657 Scott Kopper

    I want to know how this person could not have noticed how much they were being charged.  Surely there were multiple confirmation screens and an email and a credit card statement.  Non refundable is just that.  It was a bad mistake and they should have to learn the hard way not to buy these deals.  If no one buys them then they won’t be offered – problem solved.  Non-refundable does not make sense in the hotel industry.

  • ExplorationTravMag

    We should ALL pay in Di$ney Dollars…  See how THEY like it!

  • Michael__K

    Take a look at the screenshot posted by @0f1888b6576abb68baab0bb5d85a24b2:disqus .

    Or better yet, try it yourself, preferably on a 768 vertical pixel screen (common laptop display).  Don’t scroll.  Tab through the forms and you’ll be hard-pressed to notice a total.

    Credit card isn’t generally charged until the day of arrival. even for non-refundable reservations.

  • TonyA_says

     I was worried about your last point this afternoon so I read the {travelguard) policy and could not find such an exclusion.

    However the dog bite must be severe enough to cause this:

    1) Injury or Sickness of an Insured, Traveling Companion or
    Family Member traveling with the Insured must be so
    disabling as to reasonably cause a Trip to be cancelled or
    interrupted, or which results in medically imposed
    restrictions as certified by a Physician at the time of Loss
    preventing your continued participation in the Trip. A
    Physician must advise cancellation of the Trip on or before
    the Scheduled Departure Date.

  • TonyA_says

    We had a similar case last year (or sometime ago). I remember making the same comment. My conclusion is that HI wanted to scan the card (or take an imprint) so it DOES NOT become a CARD NOT PRESENT transaction. The CC charge (% fee) to merchant is smaller and it becomes almost incontestable (less chargebacks).

  • Michael__K

    I like to look at AccessAmerica/Allianz first since they’re by far the most ubiquitous (at least among people who come to Chris for help).

    Actually in this case the OP couldn’t have bought insurance from them because they don’t sell plans to residents of the State of Washington (what’s up with that?!)

    But in general AccessAmerica/Allianz has the following generic exclusion clause if they want to be aggressive:

    any problem or event that could have reasonably been foreseen or expected when you
    purchased your plan

    Looking at TravelGuard, right before the language you quote, it says:

    The Company will pay a benefit, up to the Maximum Limit shown on the Schedule of Benefits or Declarations Page, if an Insured cancels his/her Trip or is unable to continue on his/her Trip due to the following Unforeseen events:
    (a) Sickness, Injury or death of an Insured, Family Member,
    Traveling Companion, or Business Partner.

    In the Definitions sections they add:

    “Unforeseen” means not anticipated or expected and occurring after the effective date of this Policy.

    Probably a big stretch to disqualify the OP’s dog bite on the grounds that it was foreseeable, but I’m not sure I would bet against it…

  • y_p_w

    I remember my dog had eyes like that in a dark room.  The pupils just dilate in the dark.  A flash photo can be taken before the pupils have a chance to contract.  Outside the eyes can give off a strange glow from light sources like moonlight or streetlights.

  • y_p_w

    They also have many businesses who might bring in business travelers or consultants.

  • http://flyicarusfly.com/ Fly, Icarus, Fly

    Body snatchers!

  • y_p_w

    The former Utah basketball coach Rick Majerus used to live out a hotel room in Salt Lake City even though he had a long term contract.  He apparently liked the fresh towels and a mint on his pillow.

  • http://pulse.yahoo.com/_OEPJGQPIEB75YYDE5CJY6R3VFE Carver Clark Farrow II

    Prepaid doesn’t mean that the OPs card had been charged.  Per Holiday Inn rules “Payment is charged to your credit card between the time of booking and day of
    arrival. “  So we cannot assume that the charge had appeared on the OPs credit card.

  • http://pulse.yahoo.com/_OEPJGQPIEB75YYDE5CJY6R3VFE Carver Clark Farrow II

    True.  I stayed at a hotel once that charged your card for fully refundable rates 30 days before the date of arrival.

  • http://pulse.yahoo.com/_OEPJGQPIEB75YYDE5CJY6R3VFE Carver Clark Farrow II

    At one hotel/resort, the front desk manager apologetically told me she could only book rack rates at the front desk.  But she had a computer ten feet away that she directed me to in order to do my own internet booking to get a much lower rate.

  • http://pulse.yahoo.com/_OEPJGQPIEB75YYDE5CJY6R3VFE Carver Clark Farrow II

    Correct.  A liquidated damages clause is unenforceable if its punitive or excessive as compared to the value of the contract.

  • Ann Lamoy

    And I booked a hotel room at Mandalay Bay in Vegas for the end of September last month and they charged my card right away. It is fully refundable right up to 2 days before the date of arrival. I’ve also booked non-refundable rooms and not been charged before until I checked in. So everything is different in every case it seems.

  • http://pulse.yahoo.com/_OEPJGQPIEB75YYDE5CJY6R3VFE Carver Clark Farrow II

    How she missed it I dont’ know, but she did, and she admits it. So that’s a moot point.

    The fact the the rate is prepaid is a red herring.  The OP was prepared to lose the investment of three nights.  As such, booking a prepaid nonrefundable rate becomes a very reasonable thing to do.

    The dog bite again is a red herring as she was prepared to accept the loss of the three nights that she though she has booked.  Had the dog not bitten her, she would have checked in and been surprised when the FDC confirmed a thirty day stay.

  • Michael__K
  • Sadie_Cee

    This is something that the average consumer does NOT want to hear but every word that you have written about customer scams is the absolute truth.  In these matters, one of the great fallacies is that the business can afford to absorb the loss.   

  • Lindabator

    HAHAHA!!!   Pathetic! – but at least she let you go online and save a few bucks!

  • Lindabator

    HAHA – wish we could!  ESPECIALLY the politicians!

  • Lindabator

    Good point – I have an ER nurse, and yes, she’s been hurt on the job, and as long as a doctor can sign off, TravelGuard doesn’t NOT PAY HER because her “job” was at fault.  On the contrary.

  • Lindabator

    She was prpared to accept the loss of 3 days – but she booked 30 nonrefundable ones.  And she had several times she could have caught the mistake.  Nice of HI to refund anything, but they really are not responsible for HR lack of responsibility.

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