B.C. hotel guests out thousands after legal battle over room flood
A B.C. hotel was the subject of a BC Civil Resolution Tribunal case involving guests who claimed that their credit card was charged nearly 2,000 euros without explanation or authorization.
The case between applicants, DAP and MCPGGD, and respondents, St. Regis Hotel, stemmed from alleged damage to a hotel room
In defence of the claims made against it, the St. Regis Hotel stated that the applicants damaged their hotel room, rendering it unusable for two days while the carpet was replaced and repairs were completed.
In its decision on the civil dispute, the tribunal stated that the applicants had to prove their claims on a balance of probabilities, saying, “This means more likely than not.”
DAP and MCPGGD claimed in their written submission that they were sleeping in their room at the St. Regis Hotel when someone knocked on the door. It was then that they found that their floor was covered in water.
“They say they were moved to another room, and later discovered their credit card had been charged for the cost of the second room,” wrote the tribunal member. “They say there is no proof that they placed a bottle in the toilet, which I infer is related to the flood.”
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In its response, St. Regis claimed that the hotel room in question, room 501, was occupied for several days without any issues with the toilet or bathroom. So the respondent believes that the applicants caused “the issue.”
However, the tribunal revealed that neither the applicants nor the respondent submitted any further evidence to support their respective positions beyond their dispute application, dispute response, and brief written submissions, despite both sides being given opportunities to do so.
“I find both the applicants and respondent provided insufficient information for me to decide anything about the alleged leak in room 501,” added the tribunal member. “However, as stated above, the applicants bear the burden of proof in this dispute.
“The applicants have not provided evidence, such as a credit card statement, showing that the respondent charged them. The respondent does not dispute that the charge occurred, but there is no clear evidence before me about the amount of the charge. The applicants say it was 1,986.42 euros, which the respondent neither admits nor denies.”
The tribunal member went on to explain that they could not order a refund without “clear evidence” about how much the respondent charged the applicant.
“The applicants were warned by CRT staff about the importance of providing evidence to support their claim, and I find they have not done so. Based on the lack of evidence before me about the amount of the charge, I find the applicants have not proved their claim. I dismiss it.”
According to Innovation, Science and Economic Development Canada, the only active St. Regis Hotel Ltd. on Canada’s Business Registries is registered in Vancouver, B.C. Daily Hive has reached out to the St. Regis Hotel for comment.