Canadian Hotel Sues Guest For $95K Over Bad Review, Bed Bugs
An anonymous reader writes "A guest at at Quebec hotel was bitten by bed bugs, brought some down to the front desk and asked for new room. While the fully booked hotel offers to get him another room in a different hotel, he stays out the night then leaves — telling people at the hotel — some of whom also check out. When he wrote about it on Trip Advisor, the hotel demanded he take it down and when he did they sued him for $95,000."
Free speech is for those people who know how to keep their mouths shut!
Ninjas don't carry tic tacs
How did he dare to disturb the bed bugs? Fine him!
When will businesses learn?
I know, never.
Dave Barnes 9 breweries within walking distance of my house
I read somewhere that it is shit.
is it true that the Hotel Quebec is shit?
Could it be that it's full of cockroaches, and that the waiters ejaculate into the food?
Has anyone said that the manager hurls racial abuse at his staff and non-white customers?
Did anyone find any reports about guests having their personal property stolen by the room cleaners?
"the hotel demanded he take it down and when he did they sued him for $95,000.""
should be
"the hotel demanded he take it down and when he didn't, they sued him for $95,000.""
Assuming that the story the guest told was true (and it seems it was, based on the hotel admitting it), how can the hotel possibly win when the reviewer is stating facts? If the review was completely made up, I would assume libel laws would side with the hotel. But when the whole situation is based on facts, and the reviewer is merely passing those facts on to the public, how can the hotel even expect to win?
The article is right, the hotel should have helped him out more from the get go instead of trying to do damage control.
The summary says he took the review down and then they sued him. The article says he did not take the review down. I will admit that I wasn't immediately able to find the review, but there are three others on tripadvisor about the Hotel Quebec having bedbugs. It is a chain, though so not sure if it is the same one.
Aren't bedbugs really tiny and hard to see? Isn't it more likely that these were not bedbugs the species, but some kind of other bugs on the bed?
If you are not allowed to question your government then the government has answered your question.
If it was me the hotel was suing, I'd tell them to take up the complaint up with my department of go fuck yourself, of which Barbara Streissand is the department head.
Couldn't they just say sorry, it usually works :-P
I will never stay at a hotel that responds to a complaint on the internet with a $95k lawsuit.
There is no "First Amendment" in Canada. We have our own set of laws, and American laws don't apply.
I wish I was a neutron bomb, for once I could go off...
"At first this hotel looks ok....until you wake up in the middle of the night at 3:00AM because you've been scratching all over and realize your bed is infested with BED BUGS!
What a nightmare! When I reported the situation to the managing stuff, there were no emergency to handle the situation because the decision maker was not available during the week end and it was a Saturday.
Instead they offered to transfer my son and I to a hotel nearby where a room was available because they were concerned I was going to cause Mayhem
They finally offered to investigate the room despite the 4 BED BUGS I had contained in a glass and pictures and videos I had showed them.
I was supposed to stay one more night but instead chose to move to a hotel nearby; turned out to be cleaner-up to date-bigger room- and cheaper rate and that was the Holiday Inn Express down the road at 3145 Avenue de Hotels.
Beware of BED BUGS! If you are looking for a scratch free night sleep, stay elsewhere, you will be doing you and your loved ones a favour! Trust me...and that's why the Internet is a great tool!
Stayed April 2013, traveled with family"
Dave Barnes 9 breweries within walking distance of my house
...if anybody wants to read it and/or vote it up on the site in question: http://www.tripadvisor.com/ShowUserReviews-g155033-d183336-r158988363-L_hotel_Quebec-Quebec_City_Quebec.html
I realize the negative publicity they received from his Trip Advisor review has hurt their business but by filing the lawsuit they're guaranteeing that every person who hasn't read the review will now become aware of their bed bug problem. And with the hotel not denying there were bedbugs the lawsuit is a horrible idea.
You're not allowed to remove the bed bugs from the room, since they count as hotel property. If he would have just put them back after showing the front desk, maybe none of this would have happened?
But seriously, businesses are really getting fixated on maintaining good appearances via social media these days. They view the whole thing as a marketing/advertising playground for them, so honest review sites with negative reviews are a real thorn in the side for them. I don't think the hotel has any legal grounds for this lawsuit if the review is truthful .... but that doesn't mean it won't try intimidation tactics anyway.
It amazes me how companies pay people to watch Twitter feeds like a hawk these days. You can be a Twitter user who never tweets a single thing and basically has no followers. But if you have problems with a product or service and figure out the right name to tag on a tweet to get the company's attention? They're almost always right on top of replying and trying to do damage control. Never-mind the fact that same user might have posted something just as negative over on Facebook or elsewhere, and the company never so much as notices that comment.
There is no "First Amendment" in Canada. We have our own set of laws, and American laws don't apply.
Actually, since tripadvisor is located in the US it is a interesting legal arguement. Would Canada want US law to apply of a Canadian posted something that was actionable under US law simply because the website can be viewed in the US?
I'm a consultant - I convert gibberish into cash-flow.
Yesterday: I figured there were hotels in Canada, but I never really thought about it.
Today: If I ever go to Canada, I'd better avoid the Hotel Quebec, because those bastards have bedbugs and sue people out of house and home rather than fix their problems. Either that, or the place attracts crazies with some pathology that causes them to make things up. Regardless, I'll just avoid it.
Well, the hotel guest will probably win the lawsuit, right? I don't see how writing a review about experiences in a hotel could be illegal.
You know, to the news site covering the lawsuit.
So far all we have is an anonymous comment on a review site and a few blogs linking to that comment. That's it. That's all the "proof" there is. Where is the link to a story with actual details on the lawsuit?
For all we know, the reviewer got kicked out for being a drunken buffoon and is retaliating by making up claims about a lawsuit.
Funny how everyone is so quick to jump on the bandwagon without any actual documentation.
The TOS specify that the laws of the State of Massachusetts apply and you consent to its jurisdiction. http://www.tripadvisor.ca/pages/terms.html
Article doesn't talk about the hotel's point of view, what if the customer brings bed bugs and just try to get a rebate. If the hotel had an expert that same day certifying that there's no bed bugs, they could win in court. Also, bed bugs happens in every hotel even 5 stars hey're a nuisance but they won't kill you.
They really need to come up with a new insecticide for bed bugs.
When I was a kid, bed bugs were some sort of myth, they just didn't exist anymore, like smallpox.
That just may have been because I grew up in BFE, though, with almost no immigration and little international travel. Now they are widespread through Canadian cities, not just flophouses either.
Current ways of killing them seem to be:
1. pyrethin? (plant based) insecticide, they are more or less immune
2. something else, but has to be applied by extermintor 3 times to kill, as it doesn't kill eggs. Cheapass slumlords never pay for three treatments, so this solves nothing, generally.
3. Heat. Heating the whole apartment block to 45 degrees (uhh.. 110? or 120F) for an hour or two kills them all dead, including eggs. expensive.
4. higher test stuff that is illegal to use indoors, maybe cause neurotoxicity or cancer or who knows what.
Doesn't seem like anyone does research on this, maybe they do and I just don't know about it. I'd certainly say this is going to get worse before it gets better, though.
Sent from my PDP-11
In Canada we have Section Two of the Canadian Charter of Rights and Freedoms.
The hotel is clearly stupid and they will also lose this battle. But why did the customer refuse to move to another hotel? They chose to stay in a bed which they knew had bed bugs? And suggested that the hotel manager get down on her knees and beg him not to tell anyone? Sounds like a serial victim on a power trip to me. Can't wait for something bad to happen to them so they can become the outraged centre of attention.
I stayed at a hotel in Vegas recently, one right on the strip. While taking a dump one evening I caught motion out the corner of my eye and a bug larger than my thumb was found to be racing at me! I had to lift my feet for the damn thing to run by before it became trapped in the corner behind the toilet. The lights were full on too, he was bold as brass.
I trapped the bastard in a glass and called down to the front desk a bit freaked out - it was after midnight. I explained there was a bug issue and they sent up some poor guy from maintenance, he arrived with a vacuum cleaner. Imagine his surprise when I showed him the bug! I told him I had no idea what it was and that I hoped it was some sort of weird mutant Vegas bug. His eyes big as saucers he told me "no sir, that's a cockaroach!". He stepped back out of the room and radioed his superiors - who told him they wanted him to bring the bug to them! (lol)
He covered it with a washcloth and off he went none too happy. Management promptly called offering to move me but I was tired and declined, I spent the night with the lights on clothed.
The next morning I went down to speak to a manager and was again offered a different room, I took one close by so I wouldn't have to schlep my stuff too far. Within the next three days I saw a "Do Not Disturb" sign back on that door. The room was out of service for maybe two nights and I was able to confirm this when I found it noted on my bill. Two days was all they spent cleaning up. Now this wasn't bed bugs which are hard as hell to kill but it was the largest roach I've ever seen and the damn thing had wings too! No way in hell did this sucker grow up and spend his life in that room and no way in hell did he get in through some sort of crack, I looked all over for possible entryways with a flashlight. This fucker HAD to have squeezed under the door from the adjoining room or from the hall - asshats leaving their room service out in the hall probably provided him a damn good sustenance.
At the end of the day this hotel, which I had thought pretty decent, seemed pretty nonplussed by this whole thing and not the slightest bit embarrassed. Room out of service a bare minimum and no effort I could see to do anything about adjoining rooms or the source of this issue. I have to say I'm not sure I'll be staying there again!
P.S. I used to travel with a blacklight. I found one or two memorable things with it and honestly I no longer carry it - some things I just don't want to know!
Build it, Drive it, Improve it! Hybridz.org
Hello Jaro chain, do you know what I prize even more than a bedbug free hotel? My right to free speech. I wouldn't be mad if this suit was about some guy faking the bedbugs but now you have escalated it to an attack on a fundamental human right. So any time I am forced to stay in Quebec city I will make sure to avoid any of your 6 anti-free-speech zones.
Man writes review on internet review site - something many of us do. Man writes truthful review. Man is sued for a great deal of cash as a result. Something that coudl happen to one of us. It matters.
Oh yeah, some of us have to travel while earning our living too :-O
Build it, Drive it, Improve it! Hybridz.org
Upon returning from our trip, we decided to rate and write a hotels.com review to warn others. We were not disrespectful or profane. We stated the facts and our displeasure with them only. A week or so later, my GF noticed the review still had not posted. Then she received an email stating that it would not because it violated the TOS of hotels.com. No explanation of how, just that we had. There were no names given (except the name of the hotel), and as I stated earlier, nothing but facts about ther visit, and our displeasure (admittedly and opinion).
I know where hotels.com gets its bread buttered now, and it is not from us customers. A chain hotel can exert much more fiscal pressure than a single customer.
I am owed a free night from them, and I am thinking of booking hotels using another source after that, but will the result be any different? My cynical brain says no.
Silence is a state of mime.
If you look at the review site you will find a total of 28 reviews that grade the hotel as poor or terrible.Why only sue one reviewer?
Counter suit.
Donald Trump, on a crusade to make Nixon look respectable
Getting sued for posting a bad review ON THE INTERNET has the "Internet" word in it, thus news for nerds.
Learn to love Alaska
Quebec has an anti-SLAPP law.
It is a french hotel; the french never apologize.
The review in the link above currently has 278 up votes while the 4 star rating directly below it has 2. /. keep doing what you do!
That would be relevant if TripAdvisor were a party to the suit, but they don't appear to be. The TOS wouldn't even apply here.
I find it rather strange that they would have only offered to send him to another hotel. If he truly did have a bed bug infestation, then likely his clothing, personal belongings, and even luggage were infested as well. Sending him to another hotel could have spread the infestation. My understanding is that many hotels, when confronted with this issue, offer to dry clean all of the guest's clothing, buy them new luggage, and then move them to another room/hotel. Worst case for the guest is that they bring the infestation home with them. Bed bugs can be very difficult to eradicate.
...and he needs to counter sue, because they're idiots. End of story.
I'm pretty sure stamping ducks is illegal.
... and when he refused to take it down, the chain of hotels sued him for $95,000. [quoted from the very first sentence of http://blog.sweetiq.com/2013/08/hotel-sues-guest-for-95k-over-bad-review/%5D
So the review is still there http://www.tripadvisor.com/ShowTopic-g155033-i134-k6703172-Bed_bugs_lawsuit_by_hotel_as_a_result_of_bad_review-Quebec_City_Quebec.html
Anyway, good job Hotel Quebec! Streisand effect at it's best ...
To be fair... bedbugs can sometimes get into a hotel because of circumstances beyond the hotel's control, for example, only a very tiny handful may be on a guest's clothing or maybe in their luggage.. and a hotel can often only react to being made aware of their presence. By the time they know about them, it's extremely rare that they know the full extent of just how far they've spread.
File under 'M' for 'Manic ranting'
time for another #iamspartacus campaign?
leave a review saying "1 star: person who reviewed negatively got tracked and dragged to court; would not go to a hotel that has no respect for its customers", for example?
There section 2 of the Bill of Rights and Freedoms built right into the constitution of Canada. http://en.wikipedia.org/wiki/Section_Two_of_the_Canadian_Charter_of_Rights_and_Freedoms however since the hotel is in Quebec and they have not ratified that constitution, my advice would be to avoid the province of Quebec entirely.
Jesus was a compassionate social conservative who called individuals to sin no more.
Besides, that's Canadian dollars. It be what, a few thousand American. Free publicity for the guy. Well worth a couple of grand. If this drivel makes it up on Slashdot imagine the other e-rags picking this who-cares up.
Jury
Funny troll. 90,278.41 USD.
Jesus was a compassionate social conservative who called individuals to sin no more.
Wanna know your machines mac address?
Quote:
âoeBed bugs in our bedâ 1 5 étoiles Avis écrit le 27 avril 2013 Google Traduction At first this hotel looks ok....until you wake up in the middle of the night at 3:00AM because you've been scratching all over and realize your bed is infested with BED BUGS!
What a nightmare! When I reported the situation to the managing stuff, there were no emergency to handle the situation because the decision maker was not available during the week end and it was a Saturday.
Instead they offered to transfer my son and I to a hotel nearby where a room was available because they were concerned I was going to cause Mayhem
They finally offered to investigate the room despite the 4 BED BUGS I had contained in a glass and pictures and videos I had showed them.
I was supposed to stay one more night but instead chose to move to a hotel nearby; turned out to be cleaner-up to date-bigger room- and cheaper rate and that was the Holiday Inn Express down the road at 3145 Avenue de Hotels.
Beware of BED BUGS! If you are looking for a scratch free night sleep, stay elsewhere, you will be doing you and your loved ones a favour! Trust me...and that's why the Internet is a great tool!
Séjour du Avril 2013 - voyage en famille
I'm not a complete idiot... Some parts are missing.
Surfed from the story to “Streisand Effect” at wikipedia.org ending somehow at this story which is very much on topic
in fact mentioned three times to this articles single at the bottom
http://blog.sweetiq.com/2013/08/groupon-rep-threatens-sf-restaurant-posts-bad-reviews/
"UNBELIEVABLE CUSTOMER SERVICE EMAIL FROM GROUPON - Threatening me with Bad yelps for not letting him bully me into a sales pitch!!!!! Talk about Abusive business practices (my response is below)" http://archive.is/lIFF5 (archive of facebook posting of orginial posting by Sauce)
If you'd like to watch Andrew Johnston show a lack of understanding how threating someone in print is a bad thing, demonstrate how sales is not handled, lose this job and put Sauce on the map do give it a read.
The Hotel have bedbugs problems, they confirmed it. But the customer acted like a total jerk. He refuses to move to a next door Hotel with a 40$ refund. The next day, he also refuses to move to another room. He finally decided to just check out and ask for a full a refund. He also threaten the employees and manager. Finally, this is a cheap hotel, not a 5 stars at all. You can compare this hotel to a Super 8 in US, so the service is bit on the crappy side...
I told the truth. If you do not like that, please take it up with my go fuck yourself department. Please address all correspondence to the director, Barbra Streisand.
Pour les propriétaires de l'Hôtel Québec,
J'ai dit la vérité. Si vous n'aimez pas cela, s'il vous plaît prendre avec mon Va te faire foutre département. S'il vous plaît d'adresser toute correspondance au directeur, Barbra Streisand.
(god bless google translate....)
Shoes for Industry. Shoes for the Dead.
"I am prohibited by a court injunction to say what my experience in this hotel was like."
No way that could ever be taken as bad advertisement.
If the US continue down the road of massive defficit, we may well buy a couple states soon!
Tomorrow is another day...
This differs from the American version which is life, liberty and the pursuit of happiness.
There is no guarantee of such in any American document that has force of law.
That phrase is from the Declaration of Independence, which, while it has value in guiding our legislators, jurists, and other leaders in making and interpreting law, has direct value only for its historical significance.
Dan Aris
Fun. Free. Online. RPG. BattleMaster.
I am not 100% convinced that this guy is on the level. First of all, you don't feel bedbug bites when they bite you, you feel them hours or even days later. Because of this, it's common for people with bedbug infestations to never actually see a living bedbug. It seems very suspicious to me that this guy not only claims to have felt the bite immediately, but then was able to actually capture several bedbugs. It doesn't smell quite right to me. Not saying it's not on the level, but I'm definitely skeptical. It's so easy these days to mess with a small business simply by posting a few choice negative reviews online, a situation which can lead to all kinds of opportunities for minor extortion attempts by amateurs. And don't think that because the hotel admitted the presence of bedbugs that this automatically means there really was a preexisting infestation, the guy could have released any number of bugs into the room. Not saying that's what happened, just that you have to keep an open mind about these things, and his story doesn't quite ring true.
On the one hand, what right do customers have to post reviews that negatively affect the business of the establishment?
Well if they had a negative experience, they have EVERY right. You know "word of mouth" works both ways. Customers can vote with their wallet, but they can also vote with their mouth.
When your business is threatened, shouldn’t you be able to protect yourself?
Sure. You do that by addressing the complaints, and solving the problems and providing better service. Not by silencing your critics.
You can be sued under canadian libel law regardless of where the publication was. You could write a nasty letter that only a few scientists living in Antarctica ever see and I could still sue you in Montreal for it.
Manitoba is considered bilingual (or should I say 'bilingue'?) because the Supreme Court of Canada decided that they are because of how the Manitoba Act (part of the consitution) was written. The Manitoban gov't tried to officially make itself uni-lingual but the Court struck it down. An agreement was made to compromise whereby the provincial gov't agreed to provide gov't services in both languages. Also they have French/French Immersion public schools available to those who want it. I prefer to say that NB is the only 'voluntary' official bilingual province in Canada. That way, no matter how the hairs are split, I'm still technically correct.
Tea may be good but coffee is not tea.
they didn't clean the room sufficiently and as such there were bed bugs
Wrong. You cannot eliminate bedbugs through any sort of cleaning. You cannot get bedbugs though lack of cleaning (they eat only blood).
But the guy was a dick about it. What did he want?
He had bedbugs, and wrote a review that said he had begbugs. Sounds fair to me.
Socialism: a lie told by totalitarians and believed by fools.
Tripadvisor would be utterly devoid of merit if only positive reviews were published. I don't know about Canada, but libel in the United States requires misrepresentation of the facts.
The hotel has just made the client more able to counter suit. The hotel broke the TOA and inflicted physical, emotional, and financial harm to *their* client. Client should counter with $500,000.
This is like taking your car to the shop and having it come back with a sledgehammer through a windshield.
The hotel owners are the real bed bugs and cockroaches. They're taking up precious real estate; they will be driven into the ground. You just made everyone you couldn't file lawsuit against vindictive and will smash you like a fucking bug.
I'm sorry, you've written the English first, and not in a smaller font size than the French. The language police would like to talk to you now.
I know those sentences sound completely ridiculous, but everything in them is real, in La Belle Provence.
Since The review was in English, I suppose the bedbugs also spoke English. In the french rooms there was no problem at all.
You can be sued under canadian libel law regardless of where the publication was. You could write a nasty letter that only a few scientists living in Antarctica ever see and I could still sue you in Montreal for it.
However, if the person is in the US the 2010 Speech Act bars them from collecting and allows a declaratory judgement clearing them of libel if the suit violates our 1st amendment. More to the point, it is interesting how laws collide in an environment where what is protected in one country is actionable in another. For the lawyers here: Would it be possible to file a SLAPP suit if the person lives in a state that offers such protections even if the original suit is filed in a non-US court?
I'm a consultant - I convert gibberish into cash-flow.
That is a common misconception. Other insects like cockroaches, are more common in dirty environments because they are attracted to bits of food and other waste that are a food source to them. Bed bugs on the other hand are attracted to human beings, because that is their food source. Whether a room is clean or dirty doesn't matter to the bed bugs, and normal cleaning methods (vacuuming, etc) doesn't get of them.
Support Right To Repair Legislation.
Here for reference : http://www.tripadvisor.com/ShowUserReviews-g155033-d183336-r158988363-L_hotel_Quebec-Quebec_City_Quebec.html
Evidently this man videotaped his encounter with the hotel staff and then tried to extort the hotel for $500 for the copy of the video. He then stood outside the hotel driving customers away. While he may have been within his rights to do these things (is this type of extortion legal in Quebec?) I do find it odd that these facts aren't being reported anywhere.
this sig deleted by another sig
As I understand it DDT was used in matresses specifically to kill/prevent bed-bugs, and was very effective. This is part of the reason that the US/Canada has had many decades of being reletively bed-bug worry-free (or at least it has been uncommon). The problem with DDT was that it was found to persist into the environment, would get into the fish, which were then eaten by birds, which resulted in soft egg-shells and the decline of species such as the California condor and bald eagle. This is why it was banned in 1972.
It has taken 30-40 years, the eagle population has returned, but so have the bed bugs.
McFly777
- - -
"What do people mean when they say the computer went down on them?" -Marilyn Pittman
How dare he tell the truth about our bedbugs.... Sue him!
I find it revealing that the "was this review helpful" counter is near 700, when the other reviews have a count below 10... I, for one, clicked on it, in a futile attempt to teach that hotel about the Streisand effect and how not to treat customers. The hotel didn't even bother to reply to the review...
It probably only protects them while they are in the US. If they go to Canada or a country that chooses to respect Canada's judgement/law over the US judgement/law they might still collect. Lots of civil law is like that. As long as you don't go to where what you did was illegal (or have assets there) your fine. Doesn't mean you weren't found guilty just that the victim can't collect.
I'd support limted use of DDT for bedbug control, however, using DDT is probably futile.
Like all pesticides, the bugs they're used against become resistant to them.
Google it yourself or check out:
http://www.panna.org/blog/DDT-for-bedbugs
Best,
--PM
I don't think there is such a thing. If he had burned the hotel to the ground and detonated a small nuclear device in the rubble, I'd admire his restraint.
I say we blast off and nuke em from orbit.
Getting sued for posting a bad review ON THE INTERNET has the "Internet" word in it, thus news for nerds.
In this case, ON THE INTERNET has big implications on the legality of the suit, and the netiquette of the guest.
Not to mention, I learned about Diatomaceous earth [1] from this posting (upthread).
[1] http://en.wikipedia.org/wiki/Diatomaceous_earth
Make sure everyone's vote counts: Verified Voting
Yes, you can NOW be burned for trying to skim, dust under the rug, threaten, or even deny accusations that your business, product, or services, is under par.
Thank god we finally have the internet, although businesses still are lagging in accepting this is here to stay, and you should do your best to take care of the client.
If you are a hotel, and have bed bugs, this is a crime... if you are a mehcanic shop and have bed bugs, who the f*ck cares!
Lets keep it real, a hotel with bed bugs is like a mechanic shop with no wrenches! You will not get the job done properly.
Don't cry if you are caught with your pants down.... and I am sure this is the only guy that thought to complain online, but I can bet this is not the only guy to get bitten by bed bugs in that hotel.
Now as a hotel, will you look at this and see the importance of hygiene? I hope so...
I stayed in a hotel in Sault StMarie, where they had replaced the covers as they were before the previous person was there, i opened up the covers and found pieces of cheese, pubic hairs, and some stains on the sheets, all the while having a bed with a middle that sagged 5 inches deep! This was in 1995, and you can bet if I came across this now, I would and WILL do the same as this guy did.
Hotels need to be held accountable, just like any other business taking your money for a service provided.
It probably only protects them while they are in the US. If they go to Canada or a country that chooses to respect Canada's judgement/law over the US judgement/law they might still collect. Lots of civil law is like that. As long as you don't go to where what you did was illegal (or have assets there) your fine. Doesn't mean you weren't found guilty just that the victim can't collect.
True. It also means they can't enforce a judgement that they may normally do so, across national boundaries, because of treaties. Interesting issues, howvever given the ease at which information flows across borders.
I'm a consultant - I convert gibberish into cash-flow.