The Walla Walla Motel

Dear Revdex.com,
Thank you for giving us the opportunity to respond to the letter we received June
Here is our cancellation policy as seen on our web site, Orbitz, and other on-line travel agencies
"Cancel by pm local motel time at least
hours prior to arrival to avoid being charged the full amountIf you decide to leave early, no refunds will be givenIf you reserve a room on line and you need to cancel the reservation, please do it on line also."
In order to complete an on-line reservation, one must agree to the terms and conditions of this policyIf one does not does not agree to these, a customer of course has the option of finding other accommodations
Here in Walla Walla there is at least one other hotel that has a 48-hour policy. The Best Western and Holiday Inn Express both have 24-hour policies, which, like us, essentially state that if a person cancels on the day of arrival, they are subject to the penalty to which they agreed when they booked the reservationThis is the reservation system used in Washington State and across the nation
The Washington State Hospitality Law Manual (updated in 2012), has the following text on reservations:
Chapter 2: Guest Reservations
Form and Effect of Agreement
A hotel and a guest enter into a contract at the time both parties specifically agree to the hotel’s promise to reserve a room for a definite period of time for a specific priceThis contract may be in oral or written formA contract is binding when the intention of the parties is plain and the terms of the contract are agreed upon
Specific contract terms may include the dates of the reservation, the room rate, the number of rooms, the nature of the accommodation, the number of persons in each room, and the requirement that the guest accept and comply with the hotel’s policiesCertain reservations use the guest’s credit card or other form of deposit as security for performance by the guest
Since a reservation is a contract, the following legal elements must exist:
• An offer;
• An acceptance;
• Consideration; and
• The capacity of the parties to contract
Veith, WnApp362,
Generally, the “offer” is the hotel’s publication of the terms on which it will make a room available to a guestWith most reservations made online, these terms may be published on the hotel website, in a confirmation email, referenced in a confirmation telephone call or presented at the front deskA guest “accepts” the offer by reserving a room and agreeing to use and pay for the room and, under certain circumstances, agreeing to pay a fee to the hotel if the guest does not use the roomThe “consideration” inherent in establishing a reservation contract generally consists of the mutual promises of a hotel and its guest; in exchange for the room provided by the hotel, the guest will provide paymentThe capacity of the parties to contract is also importantCapacity relates to the fact that a hotel may refuse to provide service or accommodations to an individual under the age of years, under the theory that Washington Law states a minor has no capacity to enter into a contractRCW 26.28.015(4)
Hotel Remedies
A confirmed reservation generally constitutes a binding agreement (a “reservation contract”) between the hotel and the guestIf a guest fails to use a reservation, then the hotel is generally entitled to damages, including: lost rent, incidental damages, and any commercially reasonable charges, expenses, or commissions incurred after the guest’s breach of contract
The customer in question booked on April to reserve a room for June 18th, and called to cancel the reservation the same morning they were due to arrive, June 18thSo unfortunately we did need to hold to our policy
We regret any misunderstanding and hope this clarifies the situation
Regards,
John T***, Manager
Colonial Motel