Earth Day Pre-Litigation

Discussion created by wesleywc on Apr 22, 2016
Latest reply on Apr 24, 2016 by brightlybob

                                                                                                                                                                                                XXXXXXX XXXXX

                                                                                                                                                                                                XX *** XX

                                                                                                                                                                                                XXXXX XX XXXXX XX XX

                                                                                                                                                                                                Rewards# *********


*** XXXXXXXX,Hotel Manager





   As a XXXX XXXX-level member with more than XXXXX *** stays, I know a poorly run hotel from a well run hotel. I have been very displeased with my stay here for reasons you and your staff should be aware of.


   Smoking: I've had an ongoing problem with people smoking in the hotel since I first checked in, on ********* X, 2014. Obviously, this is not limited to just one guest's failure to comply with the hotel's non-smoking policy, but several guests, over time, in addition to your staff's failure to adequately address the smoking problem, and the frequent lack of concern demonstrated to my complaints.


   I chose to stay at the XXXXXXX ********* ****** precisely because of the non-smoking policy. Unfortunately, at this particular *** hotel, I didn't receive the benefits of a non-smoking hotel, as advertised. Guests in neighboring rooms have continually smoked-especially late at night-inside their rooms with the smoke making its way into my room. I have complained to your staff neumerous times via text message, phone calls, and at the front desk. Your staff, while polite, has done nothing to effectively remedy this situation. I continue to be awoken by cigarette smoke, and to suffer the health effects of this second hand smoke.


Expectations: Guests of a hotel have the legal right to smoke-free environment, meaning I have the right to reasonable freedom from being disturbed by guests, as well as a right to expect the hotel is safe and habitable. Moreover, hotels that are smoke-free and have free WiFi incorporate the cost of those amenities in their fee structure. As these amenities have not been provided, I have been overpaying a significant amount since the start of my stay. Because of this, ********* ****** of XXXXXXX, XX is not entitled to any additional monies.


   Due to the overall lack of effort and the ability to provide and ensure me a smoke-free hotel experience by law and to comply with XXXXX own non-smoking policy, I have decided to leave the suite and hotel property immediately. I contend that you and your employees haven't met the basic requirements for providing a a quiet enjoyment of my suite, as required by law and/or by own polices, to the detriment of my health, safety, and welfare.



              1. I owe nothing beyond the amounts already charged to the credit card you have on file. XXXXXXXXXX ****** is not authorized to make any further charges to this card, and I have informed my credit card company that any further attempted charges would be disputed. ********* ****** may keep any reward club points that I would have earned for this period of stay.


              2. ********* ****** will not file any complaints against me, nor will I file any complaints against ********* ****** with any legal administrative authority.


For your edification: I have included some information pertaining to secondhand smoke in hotels.

* Enacted by the Commonwealth of XXXXXXX.:

    -The general assembly of XX finds that tobacco smoke is harmful and dangerous carcinogen to human beings and a hazard to public health.

    -Section 15. No person may smoke in a public place within 15 feet of any entrance to a public place.

    -Section 45. A person who owns, operates, or otherwise controls a public place that violates Section 15 of this act shall be fined not less than $250 for the first violation, not less than $500 for the second violation, and not less than $2,500 for each additional violation.


*Other points to consider:

-The ADA (Americans with Disabilities Act) has provisions to protect nonsmokers from secondhand smoke in public accommodations. Hotels are a public accommodation.

-The secondhand smoke migrating into my suite has had  substantial limitation on the "major life activity of breathing". This secondhand smoke compromises my health and prevents my further stay at the hotel.

-Secondhand smoke has been deemed a nuisance in several jurisdictions and litigants have won significant awards on such claims under common law.

-There is legal support for assault and battery claims against hotels and its employees for exposing its guests to secondhand smoke.


To all the people who have suffered at the hands of secondhand smoke in hotels. While it has worked for me,I do not represent the effectiveness of such for you however. This was not a Marriott hotel, although I've had the same issues at Marriott and have used a similar approach.


Good luck