9/2     Hello guys I have a dilemma. I booked Holiday Inn on the internet
        and on the day that I checked in they gave me a smoking room. They
        didn't have anything else, but I couldn't take the room because of
        serious asthma (I ended up going to a nearby B&B place). After talking
        to the managers and the corporate HQ they still refused to give me
        a refund, I filed the complaint to BBB. BBB returned saying that
        they can't help us, and that I should try one of the four choices:
        -Small Claims Court Santa Clara County
        -State Contractors Board
        -Consumer Affairs State of California
        -District Attorney of Santa Clara County
        Which choice is the best? Thanks,
        \_ Go to small claims court. Let us know if you need help.
           The rest of you STFU, because you don't know squat about
           the statutes involved or basic Tort.
           \_ All bow down before the anonymous legal expert!
              \_ For the uninitiated: A) You don't know the real facts of
                 the case. B) You don't know what statutes apply to
                 the case, C) You don't know if the situation involved
                 actually violates the rule of law, D) You don't know
                 in what situations that rule of law should be upheld.
                 Ergo, you cannot make a summary judgement of whether
                 or not the OP should or should not receive due
                 compensation. Therefore, STFU. And yes, I am
                 qualified to comment on the subject...
        \_ if you KNOW you have problems with SMOKE, make sure you
           get a NON SMOKING ROOM explicity upon reservation
        \_ Why do you hate smokers?? They gave you 1 room, which you chose
           not to take.  Pay up, chump.
        \_ If you just 'requested' a non-smoking room, that's expressing a
           preference and it doesn't obligate them to give you one, just like
           asking for a window seat on an airplane doesn't entitle you to one.
           If you told them you require a NS room when you made the reservation
           or they promised one, you have a much better case.
                \_ ah, but the internet didn't even give me a choice!!!
                   \_ sure, blame it on the internet!!!
        \_ Tell corporate HQ to "Give me my money back or I'm going to file
           an ADA suit with one of the ADA ambulance chasers".
           \_ The thing is that while they are required to be accomodating,
              you have to give them reasonable notice of your disability by,
              say telling them you're asthmatic when you make the reservation.
              Cal provides ASL interpreters for lectures, but if a deaf student
              doesn't give them warning ahead of time, they're SOL.
        \_ hey, if they charged to your credit card.  Call your CC company to
           dispute it.  You can't be charged for services not rendered.
           \_ The reason they can charge you for a canceled reservation if
              because you could cause them to hold a room for you that could
              go to a customer who shows up and pays.  If there are lots of
              rooms available, a canceled reservation charge is not covering
              any actual damages.  If there are no other vacancies, as this
              sounds like, then be reserving and then canceling, you *did*
              cause damages in the form of a reserved but unused room.
           \_ credit company said it is my fault for breaking the 24 hour
              clause set by Holiday Inn.                        -op
              \_ just think of it as payment for a lesson learned, ok?
        \_ for most people, "smoking or not" is just a preference, not
           life-threatening choices.  It's too bad that it is for you, and you
           should be reponsible for getting message acrossed to those who
           handles your hotel room.
        \_ if you have some reason to need or want a non-smoking room or
           other preference, state it to to the hotel.  If the hotel can
           not or will not cater to your needs or wants, they the hotel
           needs to inform you of this in a timely fashion.  If you dont
           state this to the hotel, tough shit.  If the hotel tells you
           at the last minute that they can not fulfill your request, that's
           bad faith.