If I booked a week’s stay at a hotel using a resort exchange company but the hotel had to close due to a fire, what type of compensation am I entitled to since my vacation was cut short?
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If I booked a week’s stay at a hotel using a resort exchange company but the hotel had to close due to a fire, what type of compensation am I entitled to since my vacation was cut short?
I traded one of my weeks vacation and paid a transfer fee. On the second night of my stay this hotel, they experienced an electrical fire and hotel had to be shut down. I was left stranded by this hotel – I was lucky to have them cover my stay at a nearby hotel for one night. Decided it was best to cut my vacation short and now I am trying to get reimbursed my exchange fee and get my week I gave up to stay here – or at least get some prorated amount back. Is this something that I can sue the exchange company as well as hotel? If so, what for?
Asked on June 19, 2015 under General Practice, New Jersey
Answers:
SJZ, Member, New York Bar / FreeAdvice Contributing Attorney
Answered 8 years ago | Contributor
The hotel is not liable for your costs or losses unless it was at fault, which is very unlikely with a fire (unless you are alleging, and think you can prove, that the fire was the result of hotel negligence). Assuming they were not at fault, all they have to do is not charge you for any days you did or could not stay there. The exchange company would not be at fault--they presumably had nothing to do with the fire--and not being at fault, would also not be liable. If you had some sort of travel or vacation insurance, that may reimburse you--and that is exactly why people buy that sort of insurance: to provide compensation when something happens and there is no one else liable for it. If you don't have such insurance, based on what you write, it it is very likely that you will not be able to recover compensation.
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