Ever experienced this:\u00a0 You go to the web or call a hotel to book a hotel room<\/strong> for a scheduled trip, vacation or business, use your credit card to guarantee your reservation<\/strong>, but arrive to find that you have no room because the hotel “overbooked”<\/strong>?\u00a0 Apparently this happens quite often.\u00a0 In fact, it happens so often that a Dallas civil trial attorney<\/strong> is considering launching a class action lawsuit<\/strong>.<\/p>\n Is this serious or just another example of an eager trial attorney looking for an opportunity to make a name for himself.\u00a0 According to a New York Times article<\/a>, Dallas trial attorney, Allen Stewart, says he is fed up with hotels that overbook then turn people away<\/strong> who have guaranteed reservations.\u00a0 Although, each individual case involves relatively small amounts of money involved. it adds up to a lot of money when combined.<\/p>\n Stewart argues, correctly that that when\u00a0 a reservation is made and secured by a credit card, an enforceable contract<\/a> is created<\/strong> between the hotel and the guest.\u00a0 In fact, if you don’t cancel the reservation within the required time (term of the contract) the room will be charged to the credit card.\u00a0 If the hotel can enforce the contract, shouldn’t the guest be able to enforce the contract as well?<\/p>\n But, is this such a concern that a class action lawsuit<\/strong> ought to be filed? \u00a0 According to Stewart, hotels need to acknowledge that guaranteed reservations are contracts<\/strong>, just as airlines do when they overbook flights. \u201cTo me as a business traveler, the frustration of being turned away from a hotel is significant,\u201d he said. \u201cWhen you get to your hotel on a business trip, mentally, you are home in a way. Except when you get to an overbooked hotel, you are not home. You\u2019re back on the road.\u201d<\/p>\n For now, Mr. Stewart is still investigating and collecting stories.<\/p>\n If you have experienced an issue that you believe breaches an agreement or a contract speak to a lawyer<\/a>.\u00a0 You may have legal rights<\/strong> that can be enforced or a right to collect damages.\u00a0 Unfortunately, however, often times the damage is a relatively small amount, even less than it would cost to file a lawsuit.\u00a0 But, don’t make that decision before you speak to an experienced civil attorney<\/a>.<\/p>\n","protected":false},"excerpt":{"rendered":"Reservations Secured by Credit Card are Enforceable Contracts?<\/h2>\n
Consult a Lawyer About Your Legal Rights<\/h3>\n