Legal advice needed

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Ravioli

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So, like the macaroon you know me to be, I'm asking here.

To generalize a bit I'll describe the situation without including specifics of the hotel operator or the event or anything too obvious.

So... here we are...

I went to "an aviation gathering" in "Wisconsin" and I had a room booked in the hotel that "happened to be" on the grounds of the airport where the event took place. It is a very "_____" hotel and the rates were only 5 times what I've paid there on previous trips where the were no "gatherings".

All is good. UNTIL (need some ominous music here) mother nature flipped her middle finger at me and I couldn't depart as scheduled.

What's the legal question, you may ask?

Can the hotel put me out on busy night and leave me with no where to go?

My thought has always been that Hotel Occupancy Law does NOT allow the operator to put me on the street so long as I'm paid up, able to continue to pay at the 'then current' rate.

Hotel Occupancy Law differs from state to state, I'm sure, so maybe my assertion is based on some other state.

Thanks!
 
rolivi said:
So, like the macaroon you know me to be, I'm asking here.

To generalize a bit I'll describe the situation without including specifics of the hotel operator or the event or anything too obvious.

So... here we are...

I went to "an aviation gathering" in "Wisconsin" and I had a room booked in the hotel that "happened to be" on the grounds of the airport where the event took place. It is a very "_____" hotel and the rates were only 5 times what I've paid there on previous trips where the were no "gatherings".

All is good. UNTIL (need some ominous music here) mother nature flipped her middle finger at me and I couldn't depart as scheduled.

What's the legal question, you may ask?

Can the hotel put me out on busy night and leave me with no where to go?

My thought has always been that Hotel Occupancy Law does NOT allow the operator to put me on the street so long as I'm paid up, able to continue to pay at the 'then current' rate.

Hotel Occupancy Law differs from state to state, I'm sure, so maybe my assertion is based on some other state.

Thanks!
Click to expand...

To queue David Spade, "buh...bye"

How would you feel as the incoming guest discovering someone has barricaded themselves in your room?
 
Yup, if I were the incoming guest and the hotel informed me that some nut-case guest is refusing to leave my room, I would not be a happy camper.
 
Brad Z said:
To queue David Spade, "buh...bye"

How would you feel as the incoming guest discovering someone has barricaded themselves in your room?
Click to expand...

Not part of the question. I'm at the top level of the three major chains and they guarantee me a room when booked up to 24 hours in advance. As they should since I stay in hotels ~200 nights per year. So, the small problem of who gets 'walked' as the industry describes it is unlikely to be mine.

Question remains, how does the hotel occupancy law apply.
 
It's unclear to me exactly what happened. Did you get there having paid in advance for a room and no room was available, or did you overstay your reservation and they made you leave?
 
If you overstayed and its booked you are gonna get booted. Not a lawyer but buddy runs a fairly large chain. I texted him.
 
you are correct in all 50 states . you were in the USA?, correct than if you were impaired ,sickness and the like. and if you did not say so you be a a hole
 
You had a weather delay and failed to notify them within the time frame they require, and they gave the room to someone else. I'm sure it's all there in fine print in the hotel agreement.
 
If you are arriving later than expected because of weather it's nice when they waive any penalties but the aren't required to, platinum guarantee or not. And if you were late and there is flat out no room at the inn then you are stuck, reservation or not.

If you were in a room for a length of stay then I am pretty sure they cannot just kick you out early without cause. If you were using a night to night platinum guarantee then you were not on a length of stay.

Not clear if any of these is your situation or something else.

But as a fellow heavy traveler, let me advise you that Marriott's loyalty program and perks kicks Hilton's butt.
 
I am a little slow on the uptake sometimes, tell me if I have this straight. You made a reservation for x nights at said hotel. You checked in on time and stayed x nights. However, the weather turned bad and you were unable to leave in your own airplane. Now, you want to overstay your reservation and believe that because you stay in hotels often that you deserve this and are looking for legal standing to do so. Do I have that about right? I don't know the answer to your legal question, but this is POA so I get to respond anyway. If I have that right, it makes you look like an elitist prick. If this has already happened, I hope you left. If it hasn't happened yet, please just leave.
 
Not sure about WI but long ago when the Superbowl was in Atlanta I was there on business the week before and they made me sign something stating they could remove my stuff if I didn't vacate by Friday because they had sold all the rooms in Super Bowl packages. I assumed this to mean they couldn't otherwise kick you out if you needed to extend your stay.

So not sure about the law on the other hand thinking it is OK for you to put someone else on the street because you are some elite card holding ninja is well...
 
Checkout_my_Six said:
so...you over-stayed your reservation....and now the next guy wants his reservation and you won't leave?
Click to expand...

Mike Smith said:
I am a little slow on the uptake sometimes, tell me if I have this straight. You made a reservation for x nights at said hotel. You checked in on time and stayed x nights. However, the weather turned bad and you were unable to leave in your own airplane. Now, you want to overstay your reservation and believe that because you stay in hotels often that you deserve this and are looking for legal standing to do so. Do I have that about right? I don't know the answer to your legal question, but this is POA so I get to respond anyway. If I have that right, it makes you look like an elitist prick. If this has already happened, I hope you left. If it hasn't happened yet, please just leave.
Click to expand...

DFH65 said:
Not sure about WI but long ago when the Superbowl was in Atlanta I was there on business the week before and they made me sign something stating they could remove my stuff if I didn't vacate by Friday because they had sold all the rooms in Super Bowl packages. I assumed this to mean they couldn't otherwise kick you out if you needed to extend your stay.

So not sure about the law on the other hand thinking it is OK for you to put someone else on the street because you are some elite card holding ninja is well...
Click to expand...

I'm with these guys. Whether or not it's legal or illegal, if you are overstaying your reservation because of weather forcing others to not get a room they reserved, it's wrong.

If you feel entitled to it because of your "status" then you're even more wrong (and definitely an elitist prick).

What's the right thing to do may not always be what you can do legally.

There's an old saying: "Do the right thing"

In this case, GTFO when your reservation is up.
 
rolivi said:
Not part of the question. I'm at the top level of the three major chains and they guarantee me a room when booked up to 24 hours in advance. As they should since I stay in hotels ~200 nights per year. So, the small problem of who gets 'walked' as the industry describes it is unlikely to be mine.

Question remains, how does the hotel occupancy law apply.
Click to expand...

I don't know "the law." But I'm wondering something. Did you tell them 24 hours in advance that you needed an extra night? Is there something in your "top level" agreement with them that guarantees you a room with 24 hour notice that deals with "special events?" I'd bet there is.
 
Please make no mistake -- I AM AN ELITIST PRICK! But nobody seems to care about that but me.

And still no answer to the legal question.

Closest on-topic reply was the SuperBowl guy who signed a statement that he absolutely could not extend the stay. That would have some force of law.

The elite status issue is for CHECK-IN only and the rate is always the posted rack rate (which is the hotel unicorn - generally about 6-10 times what the person who gets walked would have paid.
 
The rules of overstaying vary by state. Part of the reason for that is because of some early cases trying to decide whether a hotel guest is subject to normal landlord-tenant eviction laws and rights. So you'd need to look at what Wisconsin law says on the subject.

I never had a reason to look into this but, offhand, I suspect many states have laws that permit hotels to remove guests who overstay, mostly as a way of protecting the next guest using the room as well as the hotel from liability for refusing that next guest. There are probably some limitations on that like having to send an ill guest to the hospital rather than moving them on the street.
 
Still doesn't answer the question.

Are you trying to EXTEND your stay?

Or did you show up late and they gave your room away?
 
Just sleep in your plane. I've done it before, its good bonding.
 
California

This unsatisfactory set of alternatives caused many innkeepers to consider eviction of the
holdover guest as the simplest way to deal with a bad situation. Unfortunately,
prior to January
1, 2000, the law in California was very unclear as to whether an innkeeper had an unbridled
right to “lock out” the holdover guest in such a situation. Consequently, the California Hotel &
Motel Association introduced legislation in 1999
to remedy this situation by making it clear that
an innkeeper can in fact evict a holdover guest, as long as certain simple steps are followed.
That legislation (Senate Bill 1171) was signed by Governor Davis and became effective January
1, 2000.
Among o
ther things, Senate Bill 1171 added Section 1865 to the Civil Code. The
operative provisions of Civil Code Section 1865 as pertains to holdover guests are the following:
1865. (a)
For purposes of this section, “hotel” means any hotel, motel,
bed and br
eakfast inn, or other similar transient lodging establishment, but it
shall not include any residential hotel as defined in Section 50519 of the Health
and Safety Code. “Innkeeper” means the owner or operator of a hotel, or the
duly authorized agent or em
ployee of such owner or operator.
(b)
For purposes of this section, “guest” means, and is specifically limited to, an
occupant of a hotel whose occupancy is exempt, pursuant to subdivision (b) of
Section 1940 of the Civil Code, from [California’s landlord
-
tenant law].
(c)
In addition to, and not in derogation of, any other provision of law, every
innkeeper shall have the right to evict a guest in the manner specified in this
subdivision if the guest refuses or otherwise fails to fully depart from the gues
t
room at or before the innkeeper’s posted checkout time on the date agreed to
by the guest, but only if both of the following conditions are met:
(1)
If the guest is provided written notice, at the time that he or she was received
and provided accommodat
ions by the innkeeper, that the innkeeper needs the
guest’s room to accommodate an arriving person with a contractual right
thereto, and that if the guest fails to fully depart at the time agreed to the
innkeeper may enter the guest’s guest room, take poss
ession of the guest’s
property, re
-
key the door to the guest room, and make the guest room available
to a new guest. The written notice shall be signed by the guest.
(2)
At the time that the innkeeper actually undertakes to evict the guest as
specified i
n this subdivision, the innkeeper in fact has a contractual obligation to
provide the guest room to an arriving person.
In the above cases, the innkeeper may enter the guest’s guest room, take
possession of the guest’s property, re
-
key the door to the gue
st room and make
the guest room available to a new guest. The shall be entitled to immediate
possession of his or her property upon request therefor, subject to the rights of
the innkeeper pursuant to Sections 1861 to 1861.28, inclusive [of the Civil Code
].
 
We have been asked to leave when our stay extended beyond the original reservation. I don't know what the legal requirements are, however, since we didn't try to fight it and found other lodging. Since hotels have a finite number of rooms, it seems as if people with confirmed reservations should get in before those who are asking to overstay their reservation.
 
rolivi said:
Please make no mistake -- I AM AN ELITIST PRICK! But nobody seems to care about that but me.

And still no answer to the legal question.

Closest on-topic reply was the SuperBowl guy who signed a statement that he absolutely could not extend the stay. That would have some force of law.

The elite status issue is for CHECK-IN only and the rate is always the posted rack rate (which is the hotel unicorn - generally about 6-10 times what the person who gets walked would have paid.
Click to expand...

I'm sure as an elitist prick you can afford to hire an attorney and not troll an aviation board looking for free advice.
 
Come on anyone who flys planes is elitist and rich by default.
 
People never cease to amaze me.

I'd sure like to have a face to face conversation with you if you were refusing to vacate a room I had reserved....especially after flying into OSH
 
Now I'll let you all in on the joke.

This didn't happen to me. It was another PoA member who related the story from a prior trip and I related that in many states he was within his rights to stay, I then l laughed and said this would make for brilliant PoA discussion.

The over/under on name calling was 10 replies.

I won!
 
Mike Smith said:
I am a little slow on the uptake sometimes, tell me if I have this straight. You made a reservation for x nights at said hotel. You checked in on time and stayed x nights. However, the weather turned bad and you were unable to leave in your own airplane. Now, you want to overstay your reservation and believe that because you stay in hotels often that you deserve this and are looking for legal standing to do so. Do I have that about right? I don't know the answer to your legal question, but this is POA so I get to respond anyway. If I have that right, it makes you look like an elitist prick. If this has already happened, I hope you left. If it hasn't happened yet, please just leave.
Click to expand...

^^That
 
rolivi said:
Now I'll let you all in on the joke.

This didn't happen to me. It was another PoA member who related the story from a prior trip and I related that in many states he was within his rights to stay, I then l laughed and said this would make for brilliant PoA discussion.

The over/under on name calling was 10 replies.

I won!
Click to expand...

I stayed out of it until this one. So you intentionally posted something you knew would cause an uproar in a manner meant exactly to do that? So instead of a Douche Bag as you (or your friend) was called, you are instead a simple Internet Troll. I am not sure if that is an upgrade or not, but still seems pointless.
 
rolivi said:
Now I'll let you all in on the joke.

This didn't happen to me. It was another PoA member who related the story from a prior trip and I related that in many states he was within his rights to stay, I then l laughed and said this would make for brilliant PoA discussion.

The over/under on name calling was 10 replies.

I won!
Click to expand...

Did you pick over or under? Because I counted, and it definitely took more than that, on account of one person saying "nut-case" was in a generalized sense. And the other guy saying "a hole" posted a nearly indecipherable message, and I can't be sure of what he actually said.
 
Maybe next time you can explain the situation a little better. I am still not clear what your ...err, ummm...friend's situation was. And that's too bad because I also usually travel 200+ days a night so I might have some insight beyond my knowledge of hotels.
 
rolivi said:
So, like the macaroon you know me to be, I'm asking here.

To generalize a bit I'll describe the situation without including specifics of the hotel operator or the event or anything too obvious.

So... here we are...

I went to "an aviation gathering" in "Wisconsin" and I had a room booked in the hotel that "happened to be" on the grounds of the airport where the event took place. It is a very "_____" hotel and the rates were only 5 times what I've paid there on previous trips where the were no "gatherings".

All is good. UNTIL (need some ominous music here) mother nature flipped her middle finger at me and I couldn't depart as scheduled.

What's the legal question, you may ask?

Can the hotel put me out on busy night and leave me with no where to go?

My thought has always been that Hotel Occupancy Law does NOT allow the operator to put me on the street so long as I'm paid up, able to continue to pay at the 'then current' rate.

Hotel Occupancy Law differs from state to state, I'm sure, so maybe my assertion is based on some other state.

Thanks!
Click to expand...

Your reservation was for a given number of days. If they had available rooms I'm sure they could consider extending your stay. If your delayed departure resulted in another guest being denied their costly lodging, it would be quite the scene.

Perhaps knowing that weather could be a factor, should you have considered reserving that extra day in advance and if not needed, released it?
 
Looks like the OP is trying to dig himself out of a hole by making up a story about it being someone else. Classic db.
 
SkyDog58 said:
Looks like the OP is trying to dig himself out of a hole by making up a story about it being someone else. Classic db.
Click to expand...

Classic indeed. At that very same conversation we laughed about when we all thought that DB was an abbreviation for Database. How silly we were.

No digging, As four other PoA members can attest. (Most notably a youtube sensation)
 
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