£100 Smoking penalty in Hotel

Minfadlek · 23-08-2008 10:45AM #1

Have a sister who paid this last week on checkout of a hotel in Leeds, after her & boyfriend stupidly smoked in their room. On checkout, the receptionist told them it was a non-smoking hotel, and that they had sent them a message via the TV, but the TV didn't work so never got the message....
They were stupid to smoke in the room, but 100 sterling is alot of money to them....
Is there any comeback....

Thanks !

Ponster · 23-08-2008 11:18AM

Zero I'd say.

These days you almost need to request a smoking room, as they'll be non-smoking by default. If I wanted a smoke in my room but didn't see an ashtray then I'd be pretty sure I was in a non-smoking room.
I don't think the 'message via TV' (sounds like crap) would make any difference. If you book into a non-smoking then it isn't managements job to let you know when you're breaking the rules. These days cleaning staff detect the smell of smoke and inform the boss. It would have been nice though to have been left a note.

Maybe your sister can write (not email) to the hotel explaining that they believed themselves to be in a smoking room and hope for the best !

The best you can do is lend them a few bob to help out with the fine.

BuffyBot · 23-08-2008 12:01PM

You many hotels have implemented this, especially ones that have gone 100% smoke-free.

ArmaniJeanss · 23-08-2008 06:08PM

I don't understand this £100 fine. Its not illegal to smoke in hotels (is it?) so no crime has been committed, so what gives the hotel a legal right to fine you?

I'd have refused to pay the fine point blank - they may have threatened calling the police but I don't think the police would be interested.
If the fine was paid by credit card then I would get onto the bank concerned and ask for payment of this £100 part of the bill to be withheld.

Ponster · 23-08-2008 06:21PM

ArmaniJeanss wrote: »

I don't understand this £100 fine. Its not illegal to smoke in hotels (is it?) so no crime has been committed, so what gives the hotel a legal right to fine you?

It isn't 'illegal' to smoke in a hotel room but that still doesn't give you the right to do so if the hotel doesn't wish you to smoke in it.
It isn't a £100 fine but an extra £100 for cleaning charges, just like taxis who charge people for puking in the back of their cab.

Bluetonic · 24-08-2008 09:02AM

ArmaniJeanss wrote: »

I don't understand this £100 fine. Its not illegal to smoke in hotels (is it?) so no crime has been committed, so what gives the hotel a legal right to fine you?

I'd have refused to pay the fine point blank - they may have threatened calling the police but I don't think the police would be interested.
If the fine was paid by credit card then I would get onto the bank concerned and ask for payment of this £100 part of the bill to be withheld.

Where was legality brought into it? The legal aspect has nothing to do with it.

If it was the hotels policy then fair enough. More power the hotel.

Minfadlek · 24-08-2008 02:54PM

Thanks for the replies.
Still think 100 is a little steep - considering all they do is use extra "Air Freshener", and leave the windows open longer. Believe me, it wasn't the "Four Seasons" :rolleyes:
They know how dumb they were for smoking!

ArmaniJeanss · 24-08-2008 05:30PM

Bluetonic wrote: »

Where was legality brought into it? The legal aspect has nothing to do with it.

If it was the hotels policy then fair enough. More power the hotel.

My point about the legality was that there was probably nothing the hotel could do if the OPs sister had just point blanked refused to pay the fine - it would be akin to Tescos trying to fine a customer for farting.

So I think the legal aspect has everything to do with it.

jhegarty · 24-08-2008 05:33PM

ArmaniJeanss wrote: »

My point about the legality was that there was probably nothing the hotel could do if the OPs sister had just point blanked refused to pay the fine - it would be akin to Tescos trying to fine a customer for farting.

So I think the legal aspect has everything to do with it.

hotels can charge you for damaging the room.... I would class smoking in a non-smoking hotel as damaging the room...

Run_to_da_hills · 24-08-2008 09:45PM

jhegarty wrote: »

hotels can charge you for damaging the room.... I would class smoking in a non-smoking hotel as damaging the room...

I would consider £100 very reasonable charge considering that the room may have to be redecorated. :eek:

How Strange · 25-08-2008 09:20AM

Fair play to the hotel for sticking to it's policy. I HATE smoking and always insist on a non smoking room but 7 times out of 10 there's a smell of smoke because the previous occupants ignored the fact that it was a non smoking room.

£100 is steep but they'll check what type of room their in before they light up next time.

seamus · 25-08-2008 09:24AM

Minfadlek wrote: »

Thanks for the replies.
Still think 100 is a little steep - considering all they do is use extra "Air Freshener", and leave the windows open longer. Believe me, it wasn't the "Four Seasons" :rolleyes:

The damage is cumulative though. If a room has people smoking in it constantly, then the only way of getting rid of the smell permanently is to repaint/rewallpaper and replace the carpets. Cleaning them generally won't do it.

If the charge is small (like £20), then I can see many smokers being happy to pay it for the sake of being able to smoke in their room, and then the hotel are left with smelly rooms. If it's more punitive (like the equivalent of a night's stay), then people will go outside for their smoke.

Minfadlek · 25-08-2008 09:57AM

Run_to_da_hills wrote: »

I would consider £100 very reasonable charge considering that the room may have to be redecorated. :eek:

If anyone actually believes that the room may be re-decorated :eek:, then £100 is a little unreasonable....

OPENROAD · 25-08-2008 07:36PM

Minfadlek wrote: »

If anyone actually believes that the room may be re-decorated :eek:, then £100 is a little unreasonable....

But what is likely to happen depending on the quality of the hotel is that the room might not be used for a day or two in order to rid it of the smell. Sorry but all the hotels I have been to it is clearly stated that not only the room but the entire floor is non smoking. As soon as you step out of the lift it indicates if the floor is smoking or non smoking, was this not the case with the op hotel?

phog · 25-08-2008 09:40PM

It's not just the cost of cleaning or freshning up the room, there must also be some cost to reacting to the smoke alarm, were other guests disturbed by the alarm, was a call put through to the emergency services?
£100 might be cheap if all these costs were added up.

Green Hornet · 25-08-2008 09:54PM

Just out of interest, did somebody squeal on them when they were still in the hotel? Often noticed the smell on a non smoking floor and wondered if some people would go to reception and squeal.

RichMc70 · 25-08-2008 10:03PM

If there was no sign in the room or in main hotel area clearly displaying that the hotel was no smoking then they would be within reason to demand the money back.

If this was not forthcoming I would threaten the hotel with further action.

I think the moral from the op is.... in this Anti-Smoking Nazi Style Police world it's better to ask before lighting up or alternatively quit the nicotene and join them.

Zaph · 25-08-2008 10:25PM

Ponster wrote: »

It isn't a £100 fine but an extra £100 for cleaning charges, just like taxis who charge people for puking in the back of their cab.

The difference there is that the soiling charge for taxis is a statutory charge set by the taxi regulator, and as such I'd imagine it could be legally enforceable if a taxi driver chose to do so. A fine imposed by a hotel, no matter how justified it may be, has no legal standing. However,if it is imposed due to a breach of the law, such as our anti-smoking legislation here, then it should be the local environmental health officers who impose the fine, rather than the hotel, who are only responsible for reporting it.

That said, I hate going into a hotel room that I thought was non-smoking only to find the previous occupants had been smoking there. Forget about the fine, I'd throw them off the balcony.

Ponster · 25-08-2008 10:40PM

Zaph wrote: »

A fine imposed by a hotel, no matter how justified it may be, has no legal standing.

I imagine it does though. IANAL but renting a room in a hotel implies a legal contract between you and the hotel in place when booked. Failing to uphold your end of the agreement (e.g. smoking in a non-smoking room) gives the hotel the right to charge you extra (it shouldn't be seen as a fine) to smoke in a non-smoking room.

OPENROAD · 25-08-2008 11:29PM

RichMc70 wrote: »

If there was no sign in the room or in main hotel area clearly displaying that the hotel was no smoking then they would be within reason to demand the money back.

If this was not forthcoming I would threaten the hotel with further action.

The op would certainly have a case if indeed their were no signs. As mentioned most hotels will have certain smoking and non smoking floors and these are normally well displayed.

Zaph · 25-08-2008 11:34PM

Ponster wrote: »

I imagine it does though. IANAL but renting a room in a hotel implies a legal contract between you and the hotel in place when booked. Failing to uphold your end of the agreement (e.g. smoking in a non-smoking room) gives the hotel the right to charge you extra (it shouldn't be seen as a fine) to smoke in a non-smoking room.

That's a fair point actually, and if it was deemed an additional charge, rather than a fine or penalty, I suppose there's little you could do about it.

£100 Smoking penalty in Hotel

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