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Buachaill
Buachaill, Barrister
Category: Republic of Ireland Law
Satisfied Customers: 10189
Experience:  Barrister 17 years experience
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My boyfriend and i stayed in a hotel last week

Customer Question

hello my boyfriend and i stayed in a hotel last week for 6 nights. on the monday of that week my boyfriend had been shot in a case of mistaken identity so we went down to portlaoise to attend portloaise hospital. there we booked into the heritage hotel. the staff were lovely and knew of our situation and were very uderstanding. until one general manager came on duty. he then accused us of smoking in the room and charged a credit card not in my name nor was it used to secure the booking €200 for presuming we smoked in the room. this was then refunded after we checked out. on the 5/5 the lady at reception asked me for my partners name when we were checking in. this was very unusual as she had never asked for it before. the next morning we were greeted by 2 members of an garda siochana at the door stating the hotel had called them and asked us to leave as my boyfriend had been telling other guests of his injuries. this is not the case whatsoever. the hotel are now denying calling the police but the police told me they were called by the hotel. please advise if i have a case thank you.
Submitted: 6 months ago.
Category: Republic of Ireland Law
Expert:  Buachaill replied 6 months ago.
1. Dear *****, there has been a breach of section 3 of the Hotel Propreitors Act, 1963, here, which gives rise to liability on behalf of the hotel. Under this section, a hotel is under "a duty to receive all comers", unless there are "reasonable grounds of refusal". Here, whilst the hotel did take you in, they subsequently refused you the ability to stay there in circumstances which were beyond your control and which were not reasonable grounds. So, you have a cause of action against the hotel in damages for refusing you to stay there and in calling the Gardai to escort you off the premises, as if you were criminal. It is not an offence for your boyfriend to tell people what happened to him, if this is true. Telling other guests what happened like this does not constitute reasonable grounds to refuse you access to the hotel. As such, you have a good cause of action.
Expert:  Buachaill replied 6 months ago.
2. I would advise you to get yourself a solicitor, preferably in Ireland, in case you have to initiate legal proceedings in Ireland for damages. However, a letter before action should be written to the hotel calling upon them to compensate you for the hardship and inconvenience caused by refusing you to stay there. If the hotel offer reasonable recompense, then you should then consider whether this is sufficient. Failing a suitable offer, you should start legal proceedings and sue the hotel for damages.
Expert:  Buachaill replied 6 months ago.
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