Can Hotels Enforce Non-Smoking Fees If the Policy Was Not Clear Upon Booking?

Hotels typically have the right to enforce non-smoking policies and charge fees if guests violate those policies. However, the enforceability of such fees depends on whether the hotel clearly communicated the non-smoking policy at the time of booking and throughout the guest’s stay. If the non-smoking policy was not clearly stated when the reservation was made, the hotel may have difficulty justifying the fee or enforcing it under certain circumstances. Here's what you should know:

Steps to Take If the Non-Smoking Policy Was Not Clearly Stated:

1. Check the Booking Confirmation: Review your booking confirmation email or receipt. Most hotels include their policies in the terms and conditions provided at the time of booking. If there was no mention of a non-smoking policy in the reservation details, you may have a valid argument that the hotel did not properly inform you of this policy.
2. Request Written Clarification: If you're charged a non-smoking fee but were not aware of the policy, request written clarification from the hotel about where and when the policy was communicated. If the hotel failed to provide clear notification, this could support your case.
3. Review Hotel Signage and Room Information: Upon arrival, many hotels display their non-smoking policies in the room or in public spaces. Check the in-room documentation to see if the policy is mentioned. If you did not see any notice in the room or at check-in, you may be able to argue that the hotel did not make the policy clear enough for enforcement.
4. Ask for the Fee to Be Waived: If you believe the policy was not clearly communicated, you can request that the hotel waive the non-smoking fee. Politely explain that you were unaware of the policy at the time of booking and that no clear notice was given during check-in.
5. Document Your Communications: Keep a record of all communications with the hotel regarding the non-smoking fee, including emails, phone calls, or in-person discussions. This will help you build your case if you choose to dispute the fee later.

Legal Considerations and Consumer Protection:

1. Contractual Agreement: Hotel stays generally operate as a contractual agreement. If the hotel did not make its non-smoking policy clear prior to booking or check-in, it could be argued that the contract was incomplete or misleading. Hotels are legally obligated to provide clear and accurate information about their policies before finalizing a reservation.
2. Consumer Protection Laws: Many jurisdictions have consumer protection laws that require businesses to disclose important terms and conditions upfront. If a hotel fails to clearly communicate its policies about non-smoking charges, it may be in violation of these laws. You can consult local consumer protection agencies or dispute resolution organizations if you believe the fee is unjust.
3. Challenge Through Credit Card Dispute: If you paid the fee and feel it was improperly charged, you may consider disputing the charge with your credit card company. Provide evidence that the policy was not disclosed in your booking process and that the fee is unfair or unclear.

Example:

Let’s say you book a hotel room through an online booking site but the listing does not mention a non-smoking policy. During your stay, you smoke in the room and are later charged a $200 cleaning fee for violating the non-smoking policy. If the hotel did not clearly inform you about this policy before or during booking, you could:

• Review the confirmation email or reservation page for any mention of a non-smoking policy.
• Speak with hotel management and explain that the policy was not clearly communicated. Request that the fee be waived based on the lack of clarity.
• If the hotel refuses to waive the fee, you can contact consumer protection agencies or file a dispute with your credit card provider.