Complaint Review: Days Inn - Expedia - Rochester New York

I think you're correct, for the most part, Michael. Expedia may try to tell consumers that it has no responsibility when a hotel gives them false information, but I think a judge would probably tell Expedia otherwise. Expedia makes express statements as to what amenities will be available at a given location and, at least in my mind (and most likely in the law) has created an express warranty. In most, if not all states, a retailer can be held liable for misleading statements on a product that he sells. I fail to see how this situation is any different. In fact, liability is more appropriate in this case because Expedia takes affirmative steps in the presentation of this potentially erroneous information. I believe that the law would impose upon Expedia a duty to investigate the validity of information given Expedia by individual hotels, and a corresponding liability when they fail to do so. I part ways with you, Michael, in regards to the "standing against the hotel" issue. First, Expedia is in the position of a retailer, and the hotel in the position of supplier. Generally, direct vertical privity is not required of the consumer in these arrangements. If you purchase a defective product, you are not limited to litigating against the seller of that product. You may, generally, sue all the way up the chain to the manufacturer. The obvious, hypothetical parallel is that Expedia, as retailer, and Hotel, as wholesaler, are links in a chain that does not require a direct contractual relationship between the victim and the chosen defendant(s). Of course, if you choose to litigte only against Expedia, they can possibly implead the hotel for indemnification, but that has no effect on your suit. Even if that theory is incorrect, you probably have standing as a third party beneficiary of the contract between Expedia and the hotel.

I think you're correct, for the most part, Michael. Expedia may try to tell consumers that it has no responsibility when a hotel gives them false information, but I think a judge would probably tell Expedia otherwise. Expedia makes express statements as to what amenities will be available at a given location and, at least in my mind (and most likely in the law) has created an express warranty. In most, if not all states, a retailer can be held liable for misleading statements on a product that he sells. I fail to see how this situation is any different. In fact, liability is more appropriate in this case because Expedia takes affirmative steps in the presentation of this potentially erroneous information. I believe that the law would impose upon Expedia a duty to investigate the validity of information given Expedia by individual hotels, and a corresponding liability when they fail to do so. I part ways with you, Michael, in regards to the "standing against the hotel" issue. First, Expedia is in the position of a retailer, and the hotel in the position of supplier. Generally, direct vertical privity is not required of the consumer in these arrangements. If you purchase a defective product, you are not limited to litigating against the seller of that product. You may, generally, sue all the way up the chain to the manufacturer. The obvious, hypothetical parallel is that Expedia, as retailer, and Hotel, as wholesaler, are links in a chain that does not require a direct contractual relationship between the victim and the chosen defendant(s). Of course, if you choose to litigte only against Expedia, they can possibly implead the hotel for indemnification, but that has no effect on your suit. Even if that theory is incorrect, you probably have standing as a third party beneficiary of the contract between Expedia and the hotel.

I think you're correct, for the most part, Michael. Expedia may try to tell consumers that it has no responsibility when a hotel gives them false information, but I think a judge would probably tell Expedia otherwise. Expedia makes express statements as to what amenities will be available at a given location and, at least in my mind (and most likely in the law) has created an express warranty. In most, if not all states, a retailer can be held liable for misleading statements on a product that he sells. I fail to see how this situation is any different. In fact, liability is more appropriate in this case because Expedia takes affirmative steps in the presentation of this potentially erroneous information. I believe that the law would impose upon Expedia a duty to investigate the validity of information given Expedia by individual hotels, and a corresponding liability when they fail to do so. I part ways with you, Michael, in regards to the "standing against the hotel" issue. First, Expedia is in the position of a retailer, and the hotel in the position of supplier. Generally, direct vertical privity is not required of the consumer in these arrangements. If you purchase a defective product, you are not limited to litigating against the seller of that product. You may, generally, sue all the way up the chain to the manufacturer. The obvious, hypothetical parallel is that Expedia, as retailer, and Hotel, as wholesaler, are links in a chain that does not require a direct contractual relationship between the victim and the chosen defendant(s). Of course, if you choose to litigte only against Expedia, they can possibly implead the hotel for indemnification, but that has no effect on your suit. Even if that theory is incorrect, you probably have standing as a third party beneficiary of the contract between Expedia and the hotel.

I think you're correct, for the most part, Michael. Expedia may try to tell consumers that it has no responsibility when a hotel gives them false information, but I think a judge would probably tell Expedia otherwise. Expedia makes express statements as to what amenities will be available at a given location and, at least in my mind (and most likely in the law) has created an express warranty. In most, if not all states, a retailer can be held liable for misleading statements on a product that he sells. I fail to see how this situation is any different. In fact, liability is more appropriate in this case because Expedia takes affirmative steps in the presentation of this potentially erroneous information. I believe that the law would impose upon Expedia a duty to investigate the validity of information given Expedia by individual hotels, and a corresponding liability when they fail to do so. I part ways with you, Michael, in regards to the "standing against the hotel" issue. First, Expedia is in the position of a retailer, and the hotel in the position of supplier. Generally, direct vertical privity is not required of the consumer in these arrangements. If you purchase a defective product, you are not limited to litigating against the seller of that product. You may, generally, sue all the way up the chain to the manufacturer. The obvious, hypothetical parallel is that Expedia, as retailer, and Hotel, as wholesaler, are links in a chain that does not require a direct contractual relationship between the victim and the chosen defendant(s). Of course, if you choose to litigte only against Expedia, they can possibly implead the hotel for indemnification, but that has no effect on your suit. Even if that theory is incorrect, you probably have standing as a third party beneficiary of the contract between Expedia and the hotel.

Expedia keeps claiming that they use the information provided by the hotel and that they are not responsible if the hotel is not as advertised. However Expedia has a legal duty to verify the service is what they report it as. If expedia advertises a specific amenity and it is not offered then expedia is responsible. They always hide and say they are not because the hotel provided expedia with misleading information. However the contract exists between expedia and the consumer and expedia has no legal standing if they service is not provided. Expedia is required to make good to the costumer and expedia has the option of going after the Hotel, but the customer can not go after the hotel.

Maybe all of the .com websites have the same incorrect information because the hotel gave it to them? Did you ever call Expedia.com and advise them of the incorrect information? If you really think about it how would they all have the same incorrect information if it was not suppiled by the hotel.

Hello Thomas. That experience does sound horrible. The thing of it is that most third party websites are not very reliable. They often have false or misleading information. How do I know? I worked in customer service for Days Inn. Whenever there are problems with third-party websites, there is not much we can do. Sure, we can file a complaint for you, but as far as the false information given, we are not responsible, as we are not affiliated with the websites and it is the hotel's responsibility to make sure information they list is correct. My best advice to you is to go through a hotel directly or try going through the 800# for Days Inn. They have the best and most accurate information available, and if you question the information, most 800# reservation agents are willing to try to contact the hotel directly and make sure the information is correct.

Hello Thomas. That experience does sound horrible. The thing of it is that most third party websites are not very reliable. They often have false or misleading information. How do I know? I worked in customer service for Days Inn. Whenever there are problems with third-party websites, there is not much we can do. Sure, we can file a complaint for you, but as far as the false information given, we are not responsible, as we are not affiliated with the websites and it is the hotel's responsibility to make sure information they list is correct. My best advice to you is to go through a hotel directly or try going through the 800# for Days Inn. They have the best and most accurate information available, and if you question the information, most 800# reservation agents are willing to try to contact the hotel directly and make sure the information is correct.

Hello Thomas. That experience does sound horrible. The thing of it is that most third party websites are not very reliable. They often have false or misleading information. How do I know? I worked in customer service for Days Inn. Whenever there are problems with third-party websites, there is not much we can do. Sure, we can file a complaint for you, but as far as the false information given, we are not responsible, as we are not affiliated with the websites and it is the hotel's responsibility to make sure information they list is correct. My best advice to you is to go through a hotel directly or try going through the 800# for Days Inn. They have the best and most accurate information available, and if you question the information, most 800# reservation agents are willing to try to contact the hotel directly and make sure the information is correct.

Hello Thomas. That experience does sound horrible. The thing of it is that most third party websites are not very reliable. They often have false or misleading information. How do I know? I worked in customer service for Days Inn. Whenever there are problems with third-party websites, there is not much we can do. Sure, we can file a complaint for you, but as far as the false information given, we are not responsible, as we are not affiliated with the websites and it is the hotel's responsibility to make sure information they list is correct. My best advice to you is to go through a hotel directly or try going through the 800# for Days Inn. They have the best and most accurate information available, and if you question the information, most 800# reservation agents are willing to try to contact the hotel directly and make sure the information is correct.