Fair warn­ing

Los Angeles Times - - TRAVEL -

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

Bev­erly Hills

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