billed for smoking in a hotel room

[ChippedChinaTeacup]

Which we absolutely did not do. I'm so bloody cross!!!

The hotel have taken £100 off my card because the housekeeper says the room smelt of smoke. We absolutely did not smoke in the room, but my partner did make some rollups in the room and put the empty paper packet in the bin, but he went outside to smoke. I told them to check their cameras etc but they were spectacularly rude and obstructive.

They refuse to refund the money.

What can I do?

[VivaLeBeaver]

I would contact the card provider and tell them its unauthorised. Explain the situation fully to them, don't just say you know nothing about it. A credit cARD company especially should refund you. If its a debit card then it may be harder. You may need to take them to a small claims court but you can do this yourself without legal help. I believe you can download the forms you need off the internet.

At the end of the day someone who smokes a bit can make a room smell smoky. But thats no reason to charge you. I can tell at work if a client smokes as afetr a few hours the room starts smelling smokey from their clothes.

[ChippedChinaTeacup]

Thanks Viva, unfortunately it was a debit card.

I spoke to the bank who said the dispute is with the hotel :/

I'm so cross.. I can't afford to lose £100, especially this close to Christmas.

I think I'll do a written complaint and see if that does any good. It's a huge international chain and it was the rudeness of the person on the phone that really got me riled.

[hobbgoblin]

I thought you could ignore the rules on smoking in rooms. You can re. the indoor smoking law, not sure about guest 'rules' though...

[Resolution]

You can't ignore the rules. It is illegal to smoke in your own hotel room. However the evidence they have is flimsy, and it sounds like a fine anyway. check the terms and conditions, but they'd have to prove you smoked in the room, and contractually they were entitled to charge for it.

[VivaLeBeaver]

Name and shame here.

Definetly write to the head office but do threaten that you will be taking them to the smalls claim court if they don't pay it back. This winds me up that they're allowed to use your card like this. DH had similar with a car hire firm once as they billed him for a tank of fuel as we returned the car empty. Luckily we still had the documentation that proved we'd picked it up emty as well and they did refund us. But its a nightmare.

[hobbgoblin]

You can, and it isn't illegal. You hire the room thus it becomes a private space for the duration of the lease, and so outside of public places law.

Like I say, I don't know about breach of contract.

But anyway, you didn't.

[ChippedChinaTeacup]

I don't know hobbgoblin, but we absolutely did not smoke in the room.

Person on the phone just kept repeating it is illegal to smoke in the room despite me saying we didn't.

I even asked them to check the cameras and they would see all the times dp went outside to smoke! She just said there's no camera in the room

[hobbgoblin]

Oh, let me let me let me draught a letter to them! I have a special way with these things

[ChippedChinaTeacup]

sorry x-posted with lots of other messages.

The charge apparently is for the cost of de-odorising the room and that it couldn't be sold for 3 days!!!

I don't know about smoke but I certainly smell bullshit

[ChippedChinaTeacup]

ohh please do hobbgoblin.. I''m trying to write it but I'm so angry it's coming out as waffle.

It's the holiday inn at Woking

[Resolution]

The exemption for hotel rooms is here:
Accommodation for guests and club members
4.?(1) A designated bedroom in a hotel, guest house, inn, hostel or members? club is not smoke-free.

(2) In this regulation ?a designated bedroom? means a room which?

(a)is set apart exclusively for sleeping accommodation;
(b)has been designated in writing by the person having the charge of the premises in which the room is situated as being a room in which smoking is permitted;
(c)has a ceiling and, except for doors and windows, is completely enclosed on all sides by solid, floor-to-ceiling walls;
(d)does not have a ventilation system that ventilates into any other part of the premises (except any other designated bedrooms);
(e)does not have any door that opens onto smoke-free premises which is not mechanically closed immediately after use; and
(f)is clearly marked as a bedroom in which smoking is permitted.
(3) In this regulation ?bedroom? does not include any dormitory or other room that a person in charge of premises makes available under separate arrangements for persons to share at the same time.

Unless the room fell into this category, then in law it will be smoke free.

That's the The Smoke-free (Exemptions and Vehicles) Regulations 2007 BTW.

[hobbgoblin]

ha haaa haaa, Holiday Inn. I know someone who works at one of those, I will FB message her and see if she can heads up on policy...

I am CATable.

[WestVirginia]

Did you see a notice in the room saying that there would be a charge of £199.00 for smoking in the room.

[ChippedChinaTeacup]

It was a non smoking room, which I specifically asked for.

The only sign in the room was a pillow menu and one to hang on the door with do not disturb and a breakfast menu on the other side.

No signs about smoking or anything else, which is irrelevant because we didn't smoke in the room.

The only thing I can think of is that they saw cigarette paper wrapper in the bin and assumed the worst.

[VivaLeBeaver]

Good advice here

www.fsa.gov.uk/pages/consumerinformation/product_news/banking/know_your_rights/solving/index.shtml

It says your bank MUST refund the charges. If you scroll down there is a specific bit about unexpected charges for hotel rooms.

[Resolution]

That doesn't amount to evidence of smoking. They'd have to have caught you red handed IMHO. I'm all for the smoking ban, but read the fine print on your contract anyway. It will have to be crystal clear, and not in the microscopic small print, for such a contract term to be enforceable.

[KERALA1]

Oooh £100 fine for smoking in a hotel room? Brilliant. Will remember that I have foreign students to stay and one of the blighters was smoking in the room I went ballistic. Wish I had known this and charged her £100. Or at least £50 the cheeky little git.

[ChippedChinaTeacup]

Thanks everyone.

No news yet.. I'm in the process of writing them a letter and waiting to hear back from the bank about getting my money back from them instead.

Will keep you posted.

[Jux]

My bro was on tour in USA - long before their smoking ban. On checking in to some hotel, my bro asked for a smoking room, only to be told that it was a non-smoking hotel and there was a $200 fine if you were caught smoking in your room. He slapped $200 down on the reception desk and said "send an ashtray up to my room, would you?"

[AaronF]

I know this is a very late post but thought I would help to shed a little light.

I am a Night Manager at a Holiday Inn near Woking and whereas it is not illegal to smoke in a room (police called and you're arrested) it is against Hotel Policy to smoke in the room (depending on Hotel). If I found a guest smoking in a room I would charge the guest's card straight away for deep cleaning costs and loss of earnings during this stage. But the Hotel you stayed at should not have charged you without warning and should have photographic evidence you were smoking in the room i.e ash, butts, genuine smell and should always have 2 members of staff there to prove this.

[Catswiththumbs]

Aaron why would you resurrect this 5YEAR old post to cast your company in a poor light?

[chocolateyay]

And in later news, the Titanic has sunk...

[Kirkems]

Hobgoblin can u write a letter for me I've had the same issue except they went in the room when I wasnt there even though they are not supposed to during covid

[prh47bridge]

Hobbgoblin last posted on this site 8 years ago. It is highly unlikely you will receive a response. You would be better off starting your own thread if you want help.

[Kirkems]

Thanks for your reply it was jus on the off chance lol