I must respectfully disagree with the conclusions in Catharine Hamm’s “On the Spot” article [“Making Noise Over a Hotel’s Omission,” April 12] that there is little a guest can do when a hotel or travel provider fails in advance to advise a guest of material changes or differences in the accommodation or facility.
As an attorney, I can, with certainty, state that the failure to relate a material fact is as much a misrepresentation as if a blatant lie had been told. A traveler has the right to expect that a hotel will not be under construction. There is a duty to speak on the part of the agent for the facility and, if they fail to do so, it is actionable.
I traveled to a hotel and, upon entering the lobby, saw a sign that read “construction in progress.” It was too late to cancel the reservation and fly back home. The hotel accepted the responsibility it owed me for not telling me in advance of this circumstance.
I do agree, however, that whatever complaint the traveler might have should be made before payment is required. “Buyer beware” can only apply when all of the facts are disclosed. BARRY S. RUBIN