So someone does not smoke in their room but they’re charged for cleaning anyway because a third party (Rest) told the hotel that they smoked in their room. What sort of evidence should one gather during their stay to make the strongest possible (defamation? fraud?) case against Rest? (Not that anyone wants to do that on their trip, just curious about the legal implications.)
Yeah, that’s totally fair. At least they’ll have testimony that the smoking was actually witnessed. Most people aren’t going to even bother fighting that since it actually happened. I just worry about abuse cases and the most obvious one here is false positives being assumed true by everyone who profits from them.
Edit:
Sorry, that’s from the wrong point of view but I don’t think the answer changes. It seems Rest will have to change a lot of their marketing language to really avoid liability but if someone is actually caught smoking then it’s not likely to manifest.
Yeah really, I mean look at how the global population died out in the 1960s because someone walked past them with a lit cigarette.
You realize there's a difference between cigarette smoke and mustard gas, right? Standing at the door of a room that someone smoked in will have no effect on your health whatsoever. You need to be standing in the room, while they're smoking, preferably for a few decades.
I say that hotel managers won't be in danger of health risks from brief exposure to cigarette smoke. I provided reasons why. Thus, I am not wishing their deaths.
You ask me to smoke more, hoping it will hasten my death. Insert "we are not the same" meme here.
So again, is this the person you wish to be? Do you wish death on everyone that points out flaws in your arguments, or just smokers?
That's quite some projection you have going on there. I quite enjoy smoking, for your information. It's inconvenient at times, but so is everything I enjoy.
The "all smokers secretly want to quit" routine is another tale for the gullible.
From the thread, it sounds as if they don't even pretend this is about cleaning, they're just saying "we're a smoke-free hotel, so smoking costs $500 as a punitive measure, period".
I wonder if they could legally separate this from any real-world activities completely? During check-in, put a clause in the contract "if our partner company says so, you have to pay $500 extra. By signing, you agree to that" - without any reference to smoking at all.
I hope this wouldn't be legal, but it sounds like it could be.
Religious freedom may come into play here. Incense and candles are a basis for many faiths so assigning a fee on people practicing their faith will cost them in court and in payouts.
