What can I do if I recently booked a 2 night stay at a resort for the upcoming holiday weekend but was overcharged?

When I spoke to the owner, he told me that the rate was $105 per night. He said that the holiday weekend would be $315. I told him that I could not stay 3 nights because my husband had to work on Friday night. thought we had an understanding that I wanted only 2 nights but he charged me for 3 nights and claims he told me this was the minimum for the holiday weekend, yet that is not what I agreed to. I called the guy immediately and told him that he overcharged me. Now he is saying that is what I agreed to but I did not. He will not refund me my $360. I am processing a claim with my bank, however the guys said at the resort he doesn’t care.

Asked on August 29, 2015 under Business Law, Michigan

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 5 years ago | Contributor

You can only be charged at the rate to which you agreed, and for the numer of days you either agreed to pay e.g. if there was a minimum stay to which you agreed or actually stayed if you ended up staying over or longer. If you were overcharged, legally, you could sue to recover your money, but it may not be worthwhile to do so if the reseort is local, that's one thing, because you could sue in small claims court, acting as your own attorney "pro se" but if it was an out-of-town resort, you'd have to sue in regular county or district court. Not only is that more complicated, but its also more expensive--so you could spend more on the lawsuit since you can't recover your legal fees, for example than the $360 you'd be able to get back.


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