Should we request compensation for bag stolen in hotel lobby?

ElainePDX

Level 2 Member
We just returned from a trip - sadly without my husband's computer and computer bag - and I am considering whether it is appropriate to request compensation from the hotel. Here's what happened:

The Short Version:

My H went into the small, glass-enclosed Business Center located just off the lobby of a hotel, leaving his rolling suitcase and his carry-on computer case just outside its door. He printed our boarding passes, and exited the area to find his case, with all its contents, gone.

Mitigating Circumstances:

He had gone to the lobby earlier, while I packed in the room, to print the passes. Both computers in the Bus Center were in use, but a child sat at one of them playing a game. Rather than ask the child to allow him to use the machine, he decided to do it later.

The door to the Bus Center only opens if you scan your room keycard. It is a heavy door and maneuvering through the door with all your luggage is not easy. Moreover, when he arrived with his luggage, there were at least two people in the business center, using one of the computers. In theory he could have tried to enter with all his stuff, but it would have been quite awkward.

What the Hotel Did:

One of the front end managers reviewed the security tapes, and clearly saw a well-dressed man enter the lobby and head toward the elevators. He noticed my H's things, circled around, checked to see if he was being watched, snatched the case, and exited the hotel. We didn't view the tapes but the manager said it all happened in just a few seconds. (My personal speculation is the thief had someone in a car idling out front; I wonder how many hotel lobbies they hit each day....but I have no proof of that!)

What's Next?

Although H was less than a few feet from his belongings, which were easily seen through the glass walls and door, when he faced the computers and the printer, they were left "unattended" and out of his eyesight. So, to some degree, he has culpability. A hotel lobby, while private property, is also a semi-public space which people can enter and leave very easily. Given the semi-public nature of the space, does/should the hotel also share some responsibility for the theft?

We were at the hotel for three nights on a award stay. Aside from this, we had an excellent stay.

The computer is actually owned by my H's employer, but because it was rather old, he was due to get a new one. I am more uneasy about the personal info that may have fallen into the wrong hands.... Because gmail opens automatically, H immediately changed his email PWs. While he did not have a PW list on the machine, his address book does contain hints to various PWs. Luckily I'm the one who maintains all the financial/points stuff; the PWs he tracks are to news websites and the like. Nevertheless, I will be extra attentive to all our statements.

I am of a mixed mind about whether to request some sort of compensation. I feel he is at least partly responsible, but that the hotel may have some responsibility as well.

What do you all think? What would you do? Thanks!
 

Matt

Administrator
Staff member
What do you think the most compensation you could get would be? If the laptop is covered by employer, how much other value did you lose (factoring in that the bag and its content would be thought of as 'used' now?
 

smittytabb

Moderator
Staff member
So sorry. I am seeing more and more stories about theft in airports, on planes, and hotels. Be careful out there! This is another good reminder. Unfortunately, I cannot imagine you could get any compensation. I mean most hotels have a disclaimer about being responsible for things in their own safety deposit boxes, so the lobby, probably not. Having said this, I am not a lawyer. This could be a good question for Mark Palmer @travelblawg Not sure if he is on this forum but I know him and could shoot him a question about legal precedent here. Maybe he could do a blog post about it for us.
 
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ElainePDX

Level 2 Member
I was thinking more in terms of whether or not it was appropriate to ask for some points! That might be some compensation for the inconvenience, aggravation and time spent dealing with mess. I also think that kids probably shouldn't be playing games on Bus Center computers and that the size of the Bus Center makes it very awkward to bring one's belongings inside. I imagine my H is not the only person who stopped there, en route to the airport, with all his luggage in tow, to print boarding passes....

As for theft in hotels, my son travels 100% time and one of his staff members left a computer inside a car in the parking garage. Truly unwise (I was going to say stupid....) The garage had signs indicating the hotel was not responsible and to not leave valuables in cars. But the hotel gave the person two free nights as a way to say they were sorry it had happened. Now it is true that he books 6+ rooms for his staff as they travel around, and his company books hundreds of rooms at certain chains every year. And the hotel only offered compensation when my son suggested they do so. Our situation is not the same. But I also wonder whether posting a sign stating the hotel is not responsible reflects the legal reality.... I did not see any disclaimers or signs in the lobby or near the Bus Center.

@smittytabb - Great idea about asking Mark Palmer. Sure, feel free to send him a note if you have time. Maybe he can drop by this thread and comment. And perhaps others here with legal training will weigh in too.

Meanwhile, I did expect at least a call or an email from the hotel saying they regretted it happened. But maybe they have "lawyered up" thinking such an email might indicate responsibility!
 
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MarkD

Level 2 Member
But maybe they have "lawyered up" thinking such an email might indicate responsibility!
That's what I was thinking. If they offer up any compensation initially, then it might make you think they are responsible. I can see them offering something as "good will" after the fact but not admitting responsibility.
 

ElainePDX

Level 2 Member
I decided to call the manager and have a chat with him. Waiting for a callback.

I neglected to mention (maybe due to my typical first day back from vacation fog) that getting out of the business center is very awkward. The first day, I actually managed to get myself locked in! Luckily a hotel employee saw me and opened the door using his card.

Turns out that when you press the door release button from inside, which is to the left of the door and about 3 feet away from it, you must be standing very close to the door or it won't work. Not quite the maneuver Nixon's secretary would have needed to do to mistakenly erase those tapes

http://en.wikipedia.org/wiki/Nixon_White_House_tapes#mediaviewer/File:Rose_Mary_Woods.jpg

but tricky nevertheless. Combine that with its tiny dimensions, heavy door and heavy use both times H tried to print our boarding passes, I figure there is a conversation to be had.

Will let you know what happens.
 

Lucas

Silver Member
Dang, that really sucks, sorry to hear that. You might not want to hear this, but my logic dictates that this situation isn't one in which you should receive point compensation. Each of the things you mention (kids probably shouldn't be playing games on Bus Center computers, the size of the Bus Center makes it very awkward to bring one's belongings inside, getting out of the business center is very awkward) are definitely inconveniences, but they are just how the hotel is, and aren't really good excuses for leaving important luggage unattended. You can write a bad review or leave feedback explaining why you think these are poor policies and bad layout, but I think the fact that the situation could have 100% been avoided by you, leaves 0% responsibility for the hotel; leave baggage with a front desk or bellhop, bring the baggage in albeit awkwardly, use phone app boarding passes, etc. Cheers from a fellow pdxer
 

Matt

Administrator
Staff member
Dang, that really sucks, sorry to hear that. You might not want to hear this, but my logic dictates that this situation isn't one in which you should receive point compensation. Each of the things you mention (kids probably shouldn't be playing games on Bus Center computers, the size of the Bus Center makes it very awkward to bring one's belongings inside, getting out of the business center is very awkward) are definitely inconveniences, but they are just how the hotel is, and aren't really good excuses for leaving important luggage unattended. You can write a bad review or leave feedback explaining why you think these are poor policies and bad layout, but I think the fact that the situation could have 100% been avoided by you, leaves 0% responsibility for the hotel; leave baggage with a front desk or bellhop, bring the baggage in albeit awkwardly, use phone app boarding passes, etc. Cheers from a fellow pdxer
It's not so clean cut. While there is blame in terms of negligence on leaving the baggage unattended, there perhaps is negligence for insufficient security on the property itself.

I know there are hotels I have been in where the chances of this are higher or lower based upon management style, policy and it's implementation.

I'd say most of the responsibility is with Elaine's SO, but there may be a touch of it with the hotel... Though they may be reluctant to do anything else it admits their blame.

Maybe best to give them an out- ask for a specific number of points as a show of good faith.

I could also see the argument for it being all the fault of the SO, so if it was me I'd have a pop at certain level of points, and if declined (properly) not really escalate it.
 

smittytabb

Moderator
Staff member
I decided to call the manager and have a chat with him. Waiting for a callback.

I neglected to mention (maybe due to my typical first day back from vacation fog) that getting out of the business center is very awkward. The first day, I actually managed to get myself locked in! Luckily a hotel employee saw me and opened the door using his card.

Turns out that when you press the door release button from inside, which is to the left of the door and about 3 feet away from it, you must be standing very close to the door or it won't work. Not quite the maneuver Nixon's secretary would have needed to do to mistakenly erase those tapes

http://en.wikipedia.org/wiki/Nixon_White_House_tapes#mediaviewer/File:Rose_Mary_Woods.jpg

but tricky nevertheless. Combine that with its tiny dimensions, heavy door and heavy use both times H tried to print our boarding passes, I figure there is a conversation to be had.

Will let you know what happens.
BTW, have not heard back from Mark yet. So, I just assumed you meant legal compensation. Sorry, lots of lawyers in my family...I would think they might give you points. I had a situation like this once (not theft, but something else) and I was promised some points, never got them and decided not to push it past the supervisor at the hotel. On the other hand, I have had situations where I have gotten price breaks on the current bill or a future bill. I think in this kind of case where it is a criminal act, the hotel is likely to not want to do anything that might show admission of culpability. Again, not a a lawyer myself...
 

ElainePDX

Level 2 Member
@Matt and @Lucas made the points well - which is why I mentioned in the first post that I was of mixed mind about it, and why I decided not to write and email the hotel a long and winding story, but rather to call the manager and have a little chat. Still no call back....

I do think that if it had happened before we were about to pay (it was an award night) I probably would have negotiated something on the spot, or tried to do so. But we were in a hurry, H certainly was at least partially to blame, and I figured I could pursue it, if I chose to, from home. Frankly I wanted to think it through because an argument can be made both ways.

@smittytabb - Thanks. The legal issue - that is; is the hotel responsible even if signs are posted indicating they will not be, and should they be held at all responsible in the semi-public space of a lobby - would make an informative post for Mark to consider.

PS - Just spoke to my well-traveled, hotel-stay-every-night 20something son, who said: "Ask for money; maybe you'll get points." I pointed out (pun intended) that the monetary loss was small and the issue for me was more the inconvenience and risk of identity theft. I said I really did not plan to ask for money, and I thought to do so would be inappropriate. (Can't ever miss an opportunity to keep bringing up these kiddos ;) !) His final comment: "Dad really shouldn't have done that!"

Uh, yeah. You got that right!
 

smittytabb

Moderator
Staff member
When I have been given $ I have never asked for it. Recently after I had already checked out of a hotel and was dropping off the key to let the front desk know we had vacated the room, they asked me about how the room was. I did share a complaint in passing that concerned me and they gave me $50 off my bill + tax. I did not go to the desk to complain about it and indeed I almost didn't mention it, but since she asked, I thought it was worth it to share my concern. So I am convinced that handled in a certain way, you have some options. It always has amazed me how much discretion front line staff in hotels, airports, and even phone agents actually have. They hear a lot of nasty complaints. If you come at it from a different angle but still get the message across, it is interesting how much better the results can be.
 

ElainePDX

Level 2 Member
Just a thought, but could the credit card(s) involved with your booking provide coverage?
Hmm, interesting idea. We guaranteed the room with the Barclay's Arrival but paid nothing on it because it was a fully covered award stay. While the computer will be replaced - he currently has a loaner from the university - he is mourning the loss of the bag! But I can't imagine Barclay's would provide any theft coverage since the bag was bought a few years ago and I have no idea what card if any was used then.... And our deductible on our home insurance is too high to be of any help.

Meanwhile, still no call back from the manager. I left him a message midday on Friday and so will wait until Monday afternoon to follow up.
 

f0xx

Level 2 Ninja
Meh.

If you hear nothing soon. Take it up with corporate. aka. Social Media.
They seem to get the stars aligned real quick when it comes to complaints in public.
 

ElainePDX

Level 2 Member
Meh.

If you hear nothing soon. Take it up with corporate. aka. Social Media.
They seem to get the stars aligned real quick when it comes to complaints in public.
Well, since my H clearly shares some responsibility, I want to tread lightly. It does seem bad form to have not gotten at least a call from the hotel - even if they don't want to offer/give any kind of compensation, it would have been nice to have gotten a we're-sorry-it-happened-on-our-property call. It is the weekend so I will give them until tomorrow, but if the manager does not return the call, I might escalate to corporate. But I'll start directly and forgo social media, at least for now.
 

smittytabb

Moderator
Staff member
Well, since my H clearly shares some responsibility, I want to tread lightly. It does seem bad form to have not gotten at least a call from the hotel - even if they don't want to offer/give any kind of compensation, it would have been nice to have gotten a we're-sorry-it-happened-on-our-property call. It is the weekend so I will give them until tomorrow, but if the manager does not return the call, I might escalate to corporate. But I'll start directly and forgo social media, at least for now.
I say have him call. After all he is the one involved. Your version is second hand anyway. They should probably hear from him.
 

Lucas

Silver Member
I've hardly been a member here for long but I'm already in love with this forum - so much professionalism and intellectual capability in one spot, you can't really find that in many other places on the Internet. Anyway I just felt like it had to be said. Keep us updated Elaine best of luck :)
 

loves2fly

Gold Member
I say have him call. After all he is the one involved. Your version is second hand anyway. They should probably hear from him.
I have to agree. Let him call and depending on diplomatic tactics he applies, you may be able to fish for some points from them as an act of goodwill. The worst they can say is we're very sorry but there's nothing else we can do.

ElainePDX, I'm sorry this happened to your husband. These days, we have to be vigilant all the time.
 

ElainePDX

Level 2 Member
I meant to update this thread but we were traveling. I think I know why the manager never returned any of my calls - my husband was called by their insurance company in an effort to determine who was at fault and I expect the manager didn't want to say anything that could be interpreted to be accepting any responsibility.

But I think it would have been appropriate to have at least gotten a call saying something, even if it was just "I've been asked not to discuss this with you" or "Sorry for not returning your calls; the insurance company needs to talk to you first" or "We wish this had not happened in our lobby."

So at this point we are waiting to hear from the insurance company. I do intend to followup with corporate at some point, that is; he will follow up or I'll do it in his name.

Meanwhile, during our free night at the Intercontinental Times Square in NYC, part of the shower control fell off the wall and landed on my foot! Luckily it didn't land on my toe because it was quite heavy and could have resulted in a broken toe. I was not hurt. I was able to get it back on and could shut the water off. But as I was at the time alone, it gave me a bit of a fright initially.

When I put my glasses back on and looked carefully at the setup, I could see that the entire fixture was loose such that it wiggled when I touched it. When I reported it, Security came up immediately, ice pack in hand, noted the problem and removed the handle completely so it wouldn't fall off again. I was surprised that Housekeeping hadn't noticed it because the grout was crumbling and the whole thing needed repair. I later spoke to the manager who would not compensate in any way. I think I may contact corporate about this too.
 

ElainePDX

Level 2 Member
I meant to update this thread but we were traveling. I think I know why the manager never returned any of my calls - my husband was called by their insurance company in an effort to determine who was at fault and I expect the manager didn't want to say anything that could be interpreted to be accepting any responsibility.

But I think it would have been appropriate to have at least gotten a call saying something, even if it was just "I've been asked not to discuss this with you" or "Sorry for not returning your calls; the insurance company needs to talk to you first" or "We wish this had not happened in our lobby."

So at this point we are waiting to hear from the insurance company. I do intend to followup with corporate at some point, that is; he will follow up or I'll do it in his name.

Meanwhile, during our free night at the Intercontinental Times Square in NYC, part of the shower control fell off the wall and landed on my foot! Luckily it didn't land on my toe because it was quite heavy and could have resulted in a broken toe. I was not hurt. I was able to get it back on and could shut the water off. But as I was at the time alone, it gave me a bit of a fright initially.

When I put my glasses back on and looked carefully at the setup, I could see that the entire fixture was loose such that it wiggled when I touched it. When I reported it, Security came up immediately, ice pack in hand, noted the problem and removed the handle completely so it wouldn't fall off again. I was surprised that Housekeeping hadn't noticed it because the grout was crumbling and the whole thing needed repair. I later spoke to the manager who would not compensate in any way. I think I may contact corporate about this too.
Just wanted to update this thread.

Despite their promise to get back to him, my husband still has not heard anything back from the insurance company. It is on his list to follow up, but his days are busy and he keeps not getting to it. We also have heard nothing else from the hotel.

As for the faucet that fell off the shower wall in the Intercontinental, I thought, perhaps naively, that I might hear something from the hotel ("How's the foot? We're sorry this happened...") but a month has gone by and I have heard nothing. I was about to send a letter to complain about it, complete with a photo of the shower faucet, but I decided to just call IHG to see if I could lodge a complaint by phone. Figured I could always go the letter route if a phone call got me nowhere.

I asked the operator in the Philippines to connect me with someone who could address a problem, and ultimately Connie from the Guest Relationships Dep't came on the line. I explained what had happened and Connie apologized profusely. She confirmed my foot was fine, documented the problem, and told me she would contact the hotel to advise them that it had been mishandled.

Purposely leaving it open-ended, I asked her where we go from here and she checked a few things - probably my stay history which is pretty much all award stays - and said that since a night at that hotel runs 50,000 points, she'd like to credit me back 25,000. I thought that was more than fair and thanked her. The points should credit in the next 7-10 days. I asked for her direct number in case they don't show up. That department can be reached at 800 621 0555.

Not sure whether to have my husband call Guest Relationships re: his situation and if so, whether to wait to connect with the insurance company first. To be continued....
 

vike

Level 2 Member
Sorry that this happened to you. I could see it happening to me the exact same way. It's a good reminder to be aware of your surroundings.
 

c2nah777

Yes, it is a goatee.
First and foremost, condolences for being a victim of what appears to be a professional thief. No doubt he does this often since it was the only reason he was there. I am not offering any legal advice-only my non-professional opinions. Take it with a tablespoon of salt (not just a grain).

From your comments so far, I would expect them to not offer you much from their insurance company from the perspective of cash value. Having DH describe the emotional stress and footwork to try to avoid or compensate for actually discovered identity theft would be something else of course.

My DW is a senior commercial claims adjuster, and if she was in town I would have her read this thread to give her "unofficial" opinion instead of this weaksauce.
She would first ask (as Matt did) what exactly are your damages/loss amount factoring in depreciation. That is the insurance company just needing the base amount to start from.

Then they assign and factor in percentages of liability, based on the laws and the mitigating circumstances for such a situation.
Next they readjust the base claim using those percentages.

So let's say for example they found the hotel 30% responsible, you may be offered 30% of the value of your loss. Of course your DH has undoubtedly informed them the laptop was not his personal property, so his company may need to file a claim for it, although the value is fairly low from your given information. As was for his personally owned bag.

They should take into consideration some value for the aggrivation factor, but that is going to be arbitrary.
I would anticipate getting an offer from which you (he) may be able to negotiate. If he gets to the point of mentioning getting a lawyer and taking them to court, they will (politely) stop dealing with him directly, and ask to have a lawyer contact them from that point forward. Unless you decide against it and inform them you wish to continue without one. I realize this won't happen for the situation as it stands thus far. Not enough damages without identity theft involved.

I think the best reason for getting any offer is the potential of ID theft. They may make a decent offer to get him to sign off on his rights for the claim- the proverbial other shoe can drop any day. There will be some limitation for him to file suit if that were to occur, so it is in their best interest to close the claim before that happens. So don't let DH sell himself too short without bringing this up a few times at least. That would be my approach at least. They may counter with the CC companies offer 0 liability blah blah, but the time, work and agony of repairing credit fraud issues which can mount quickly...

Best of luck to you!
 

ElainePDX

Level 2 Member
Thanks everyone, for your concern, answers and suggestions.

We finally heard from the insurance company in October and they feel that under the laws of CA the hotel is not liable. I called corporate, spoke to some very understanding Guest Relations people who filed a formal complaint. But after waiting several weeks, we just got what seems like a form letter that did not address any of the mitigating circumstances and just repeated what the insurance company said.

I am about to reply to that letter, figuring that somewhere along the line, the person who replied - who was not the person I spoke to - either inadvertently or deliberately ignored the comments I had made re: the Bus Center setup, the fact that no one from the hotel returned any of my calls, and some of the other points I explained upthread.

So I guess my idea that I could accomplish something by phone and not have to draft a letter didn't work and I am about to reply in writing. To be continued....
 

MotownMan

Level 2 Member
Elaine- So sorry to hear about your foot and the theft of your husband's computer. Sounds like you have done a great job handling both the situations and have received some awesome input from the community.

I don't have anything to offer in terms of how to handle this that you already haven't done. However, you might want to consider getting an encrypted 'password wallet' for your computer/phone. I use a program called '1password' which encrypts and stores your passwords/logins. It works on computers and mobile devices. You choose one very hard password to open up access to all your stored data- credit cards, logins, identity info, even notes. There are other programs and services out there, which a quick google search will show. Lots of cool features offered from these companies, but I won't hijack your thread!

Sadly, protecting your personal data will be easier than protecting your feet against faulty falling fixtures! :)
 

Darlene

Level 2 Member
The idea of that falling on my toe makes me cringe! So sorry you had these issues. I think hotels should have a rule about kids using the computers for extended amount of time.
 
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