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914World.com _ 914World Garage _ It's official....

Posted by: McMark Jun 19 2007, 11:00 AM

I got the call yesterday that the 'performance' for the weekend left around $7500 on the bill. When I told them all my cards were maxed out and my bank accounts were overdrawn, they were gracious enough to drop it down to $5500. dry.gif

This whole charging thing still leaves a horrible taste in my mouth because it doesn't make any logical sense. But I'm the moron who put his name on the dotted line. headbang.gif headbang.gif

At this point I doubt there is anything I can really do about it. There is around $1000 coming in from the silent auction.

As I told a few people at the event, I really thought they were going to be a little more gracious about this. barf.gif

Anyone have any ties to the Hilton corp?

Posted by: Dr Evil Jun 19 2007, 11:02 AM

WTF is this about? Are these extra charges? Gonna need to raise some funds here?

Posted by: 914nerd Jun 19 2007, 11:04 AM

For those of us who don't know what is going on, would you be so kind as to set the stage and explain what happened?

Posted by: rhodyguy Jun 19 2007, 11:13 AM

time for world to show some heart...again. pm me your mailing addy and i'll cut you a check today mark. it won't be HUGE but i figure every bit will help. if 280 members can help with as little as $25 we'll get it covered. edit: it'll only take 220. what is the "performance" deal? people out of control?

k

Posted by: McMark Jun 19 2007, 11:13 AM

It's a confusing story, because it's kind of illogical.

I'll try to condense it.

I signed up with the hotel for 40 rooms for three nights. Which means (to the hotel) that I'm on the hook for 120 'room-nights' (40 * 3).

The reservation system works like this. I have a block of 120 room nights that are reserved and locked down until a certain date. Once that date passes the rooms are released into the general population, BUT my commitment is not release. At this point they are "trying to help me out" by selling more rooms (their exact words). So if the hotel sells out (like it did on Sat night) then I don't owe anything.

So at the end of it all there ended up being a bunch of rooms empty on Fri and Sun, and thus they are looking to me to make it up to them.

It doesn't make any sense to me, but I've tried to talk to people there and I get the run around explanation. I don't know if I have any other options besides paying up.

Posted by: aircooledboy Jun 19 2007, 11:14 AM

Yikes. blink.gif

That all sounds more like lease provisions that a freakin hotel reservation.

Did you sign a contract that said those things? If so, I would like to look at it for you (lawyer type here) and see if there is any wiggle room. If you didn't sign a contract, you can invite them to self fornicate at their leisure. idea.gif


Posted by: blitZ Jun 19 2007, 11:24 AM

That makes no sense. They cannot charge you for something you didn't buy.

Posted by: Heeltoe914 Jun 19 2007, 11:31 AM

You should get a letter from me and other parties that came at the last minute and had to pay 199 per night. I asked as direct as I could can you get me into the block of rooms from the WCR rate and package, I was told NO and for them to not log this and then charge you is NOT right. I will fight with you on this and feel the Hotel needs to review all the last minute reservation from or group for One that came in and paid full price. I think Gteener and her dad as well Did not have reservation.
In the end I will be glad to help with the 25-buck donation but I don’t think we should just roll over on this one. My 456 dollars should have went towards your block, Its called customers service I know its dying here in America but Let be strong. If we all call and bug the manager ( get his name) thay will move on this or loose 60+ future costumers

Posted by: ChrisNPDrider Jun 19 2007, 11:36 AM

Some of the thousands of dollars on my credit card(s) archive orignated from my days running mountainboard races 1999-2002. Being an event promotor is 90% a thankless job, and very difficult to turn a profit at. Each year I got a little better, convicing sponsors that no more product was needed, just cash money to pay insurance etc.

I kept my WCR hotel reservations even though I had reservations about the expense!

HHHmmmm....5K? Sounds like the price of a 2056. Maybe you could have another auction to raise funds?

I had a great time at the WCR and loved my king size bed with cable TV! beerchug.gif

Posted by: rhodyguy Jun 19 2007, 11:38 AM

$199 A NIGHT!!?. the complimentary b-fast buffet must have been out of this world.

k

Posted by: Heeltoe914 Jun 19 2007, 11:42 AM

What Buffet! had to pay everything,


Got some towels for the car wash.

Posted by: Dr Evil Jun 19 2007, 11:44 AM

That sounds like shit, Mark. If they can offer the rooms up tot he public then you should not be held financially liable for the cost of them. This "we try to do you a favor by selling as many as possible" crap is illogical. I agree, we should all fight this one. I am in for it. I can send you some of the bolt money I just made (more than $25, but no where near $5.5K).

Here is an idea, we can all call and reserve rooms for the same week and then cancel right before we would have to pay for them. this would fuck up thier biz end maybe (desparate retrobution from an angry man, I know dry.gif )

Posted by: SirAndy Jun 19 2007, 11:45 AM

hey mark,

btw. first, they charged me the *full* price for the split hotel room confused24.gif

and then reversed the charge completely ... huh.gif

now what?
WTF.gif Andy

Posted by: Demick Jun 19 2007, 11:45 AM

I agree with Leamon. The hotel was not flexible on the block rooms at all, and many people were denied the WCR rate and had to pay the full rate - and I have to assume that they were not counted in the WCR total.

Additionally, there were several people with Sat/Sun reservations that tried to change to Fri/Sat when the autox on Monday was moved to Sat. They were not allowed to change their reservations - so some of those people ended up cancelling Sunday night instead. Again - the hotel turned away WCR money because of their strict policy.

Like Leamon said - we should fight this one as best we can.

But in the end, whatever the outcome - Mark needs to not be financially in debt over this. Yes, it was a bad decision to sign that contract - but that's way in the past and hindsight is 20/20. Mark is the one who stepped up to put on the event during a difficult time in the 914 community. The splintering of the community made a huge impact to the attendance of this years' event. The low attendance from out-of-town participants is really why the hotel numbers weren't met - and there's nothing Mark could do about that.

When the split occurred, there was a lot of doubt as to whether the WCR would happen this year. Mark could have thrown in the towel and cancelled it. But he didn't - he stepped up and put together a great weekend. He has more than paid his dues on this one. He doesn't deserve to get stuck owing any $$.

Posted by: hwgunner Jun 19 2007, 11:53 AM

Mark, first ask them what there average occupancy rate is for Friday nights and then saturday nights and then Sunday nights. Now ask them how many rooms they sold for each night and how many rooms total they have in the hotel. From that you will probably be able to show that they were running above the normal range and therefore you had already done them a favor. If that does not work and you don't mind sending the paperwork to me I will have my Lawyer, read that MOMMY, look at it to see what can be done.(She really is a Lawyer, 30+ years now) Also, if your cards are maxed, how are they going to get there money. What guarentee did you give them?

Posted by: hwgunner Jun 19 2007, 11:56 AM

QUOTE(Dr Evil @ Jun 19 2007, 10:44 AM) *

That sounds like shit, Mark. If they can offer the rooms up tot he public then you should not be held financially liable for the cost of them. This "we try to do you a favor by selling as many as possible" crap is illogical. I agree, we should all fight this one. I am in for it. I can send you some of the bolt money I just made (more than $25, but no where near $5.5K).

Here is an idea, we can all call and reserve rooms for the same week and then cancel right before we would have to pay for them. this would fuck up thier biz end maybe (desparate retrobution from an angry man, I know dry.gif )


I also agree with the Dr. They offered the rooms to the public and the law should look at this as taking responsibility for them not as a favor.



Posted by: Blood red 914-6gt Jun 19 2007, 11:58 AM

If you would like us to I can throw in 25 to help. You shouldn't get screwed for this. PM me you email and let me know if I can paypal you.

Jon

Posted by: rhodyguy Jun 19 2007, 11:58 AM

no comp'ed buffet? such a deal... rolleyes.gif

k

Posted by: BMXerror Jun 19 2007, 12:00 PM

QUOTE(Demick @ Jun 19 2007, 10:45 AM) *

Mark could have thrown in the towel and cancelled it. But he didn't - he stepped up and put together a great weekend. He has more than paid his dues on this one. He doesn't deserve to get stuck owing any $$.


agree.gif I don't have any legal skills or much money, and didn't attend WCR. However, this smells of bullshit! Put me on the list as someone who will do what he can.
Mark D.

Posted by: Headrage Jun 19 2007, 12:05 PM

WTF.gif This is total bs. If they supposedly had a block of rooms set aside for wcr attendees why is it that some of the attendees were told that there were no rooms available?

Posted by: TROJANMAN Jun 19 2007, 12:36 PM

QUOTE(McMark @ Jun 19 2007, 09:13 AM) *

So at the end of it all there ended up being a bunch of rooms empty on Fri and Sun, and thus they are looking to me to make it up to them.


So you booked rooms for Sunday night too? blink.gif
That might be why you still owe them money.

I have a similar deal with the hotel in Moab for the RRC, but once the cut-off date passes, all bets are off. The hotel is responsible for filling the rooms, not me.

I am sure a phone call to the right person will settle this. If you need help, please let me know wink.gif

Posted by: 914nerd Jun 19 2007, 12:49 PM

This seems like BS
I would take up the offers from some of them lawyer-types to look at it
It seems like they actively prevented some of thoe rooms from being filled in an attempt to make an extra few bucks
If that's the case, then you should by no means be obligated to pay
If there is no way to get out of it though, I will also contribute some

Posted by: jimkelly Jun 19 2007, 12:52 PM

they came down from 7500 to 5500 pretty quickly

i'm guessing during the wcr dates that bthe hotel did they have all of their rooms beyond the 40 you had booked rented out. thus they could not sell the unused portion of the 40 rooms had they wanted to ?? thus asking you to pay is a joke.

jim

Posted by: markb Jun 19 2007, 12:55 PM

It really does sound like you're getting screwed here. If it comes down to it, count on me for a little $$ to help.

Posted by: xitspd Jun 19 2007, 12:55 PM

Well boyz the hotel business is a UGLY business! During the last year and a half, I have stayed at a Hilton Hotel every three weeks. I have negotiated a favorable rate because of the frequency of stay. Two months ago I arrived and found my reservation was cancelled. They say I called the Suday before at 5:00 A.M. and cancelled the stay. That was not true! They were full and did not need my lower rate. $$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$

I have been a Hilton HHonors member for over twenty years and the local guys did this. I am going to nail the morning manager's ass to the front door.

Kathy and I stayed two nights at the DoubleTree. My check out with extras was $534.67. I hope they included my stay as part of the clubs obligation. I helped to sponsor our event and am willing to help again if needed. It was a great venue. Keep in contact Mark.

Dan Callicott

Nice to see you all!

Posted by: jgara962 Jun 19 2007, 12:59 PM

Mark,

Be sure to keep us posted on what's going on. No way you should get stuck for $5,500.

Posted by: ConeDodger Jun 19 2007, 01:02 PM

Mark,
I just paypaled the balance due on the oil tank. So that is in your pocket.

I think the next step is to take it upstream. Usually, local managers have only a certain amount of leeway to lower disputed bills. In this case, the bill is disputed because so many people had to pay full price rather than the WCR rate. Try asking for a regional or national managers phone number.
Next, if they are not gracious and accomodating post the phone number of your contact person here and we can start a shit storm of complaints.
Last step after we get them to lower it to their final offer if not eliminate it is to set up a Paypal storm to make McMark whole on this. Frankly, I thought the entry fee was a little low. It wouldn't have even payed for the Sunday night dinner in most cases.
Mark... Breath... We will get through this too. smile.gif

Posted by: GTeener Jun 19 2007, 01:17 PM

QUOTE(Heeltoe914 @ Jun 19 2007, 10:31 AM) *

You should get a letter from me and other parties that came at the last minute and had to pay 199 per night. I asked as direct as I could can you get me into the block of rooms from the WCR rate and package, I was told NO and for them to not log this and then charge you is NOT right. I will fight with you on this and feel the Hotel needs to review all the last minute reservation from or group for One that came in and paid full price. I think Gteener and her dad as well Did not have reservation.
In the end I will be glad to help with the 25-buck donation but I don’t think we should just roll over on this one. My 456 dollars should have went towards your block, Its called customers service I know its dying here in America but Let be strong. If we all call and bug the manager ( get his name) thay will move on this or loose 60+ future costumers


Actually, Leamon, I did make our reservations as part of the group block.

Mark, that makes no sense. Did you cancel the extra rooms within their 24-hour cancellation period? Or did they tell you you didn't have to?

Sometimes you have to do their work for them dry.gif Submit a list of the names from the group that stayed at the hotel and which nights they stayed and show them all the places they screwed up.

Posted by: McMark Jun 19 2007, 01:17 PM

I will scan the contract later tonight and post it. Thanks for all the support. I needed it. I will also get the regional manager's phone number as well. Thanks for the great idea Rob.

Posted by: neo914-6 Jun 19 2007, 01:57 PM

In either case, post a PayPal or mail address. CC interest is already compiling...

Posted by: DerekKim Jun 19 2007, 02:12 PM

Might want to also have people who were charged full price to scan in their receipts. Sounds totally retarded.

Posted by: Grimstead Jun 19 2007, 04:48 PM

I'm sure this will work out (hopefully without allot of drama) but I will throw in some cash if you need it as well.
thumb3d.gif

Posted by: jaminM3 Jun 19 2007, 05:31 PM

I'll send some cash if it will help. God knows i can skip a meal or two.. popcorn[1].gif chowtime.gif

Posted by: ConeDodger Jun 19 2007, 06:40 PM

QUOTE(jaminM3 @ Jun 19 2007, 04:31 PM) *

I'll send some cash if it will help. God knows i can skip a meal or two.. popcorn[1].gif chowtime.gif


JaminM3, As you have only 14 posts at this point, let me take the opportunity to welcome.png
If you live in SLC there is someone there you need to meet if you are going to own a 914. Eric Shea is a vendor, an admin, and a 914 guy extrordinaire. If you have unmarried sisters he only has one wife. Look him up. He is the proprietor of PMB... Maybe you can help each other out... Tell him I said the bit about the unmarried sisters. biggrin.gif

Posted by: obscurity Jun 19 2007, 07:10 PM

You may have struck a differnt deal with this hotel but when I held a block of rooms for my wedding a few years back the deal was that they held a block of rooms for my guests (lets say 10) If all ten rooms were "sold" to my guests by the agreed date then they gave me a free room in return for HELPING THEM. If All 10 rooms failed to sell to my guests by the agreed date then I didn't get the room but I certainly didn't pay anything. At the end of the day they still won because they filled at least some of their rooms with people who might have easily gone to another hotel.

If they continue to insist you pay for rooms you didn't use and that you weren't impeding them from selling then I'd get a lawyer involved

Just my 2c
John

Posted by: smj Jun 19 2007, 08:14 PM

Good to hear you're getting some additional eyes on that contract. One step at a time, and as somebody said try to keep breathing. If we have to start harassing Hilton managers and execs, I'm happy to do it.

"Deadly Bulb Hilton Hotels, I'm about to write you a reality check." -- The Tick

Posted by: jkeyzer Jun 19 2007, 08:27 PM

Note that more than a couple attendees of the WCR are lawyers of one sort or another. idea.gif

Posted by: Tobra Jun 19 2007, 08:35 PM

QUOTE(Headrage @ Jun 19 2007, 10:05 AM) *

WTF.gif This is total bs. If they supposedly had a block of rooms set aside for wcr attendees why is it that some of the attendees were told that there were no rooms available?


This by itself is reason enough to dispute the charges, and perhaps contact the CA attorney general about it. If you are reserving rooms and preventing them from renting them out okay, but if there was even one vacant room that was not rented and was not in their block, they are assed out.

Oh, BTW, fuck Hilton Hotels, I stayed one in Chicago one time, prime area, total dump. Will NEVER stay at a Hilton again.

Posted by: Coy Jun 19 2007, 08:39 PM

Keep us all posted. I'll paypal a little cash if you get stuck with this. I still haven't forgot that you and Andy helped me out last year on Mt. Hood. smile.gif

Posted by: Gint Jun 19 2007, 09:44 PM

If you get stuck with the bill Mark, I'll definitely pitch in. But this is a load of crap and it needs to be fought and made to disappear. What a load a crap...

Posted by: Headrage Jun 19 2007, 09:49 PM

QUOTE(Gint @ Jun 19 2007, 07:44 PM) *

What a load a crap...


agree.gif

Posted by: boxstr Jun 19 2007, 10:45 PM

Mark, take half of what you were going to send me and apply to your defense fund. Maybe Allan can speak to the btender and get you a lighter sentence.

Linda and I stayed at the Sheraton Suites hotel in Pomona over Fathers day for the LA Roadster show. The finest room configuration I have ever seen, and I have stayed at the Ritz-Carlton and Four Seasons, for a lot more $$. I could live in this room.
The televisions were on o interior walls, not up aganist a wall so you hear the one from the room next door. Blackout curtains. A refrigerator, microwave, coffee maker, doors between rooms, it was designer quality.
CCLIN914NATION

Posted by: McMark Jun 20 2007, 12:14 AM

Here are the contract papers. Any ideas or advice is welcome. smiley_notworthy.gif

Page 3 has all the fine print.


Attached File(s)
Attached File  Page1.pdf ( 190.73k ) Number of downloads: 99
Attached File  Page2.pdf ( 202.16k ) Number of downloads: 102
Attached File  Page3.pdf ( 694.77k ) Number of downloads: 94

Posted by: hwgunner Jun 20 2007, 12:47 AM

QUOTE(McMark @ Jun 19 2007, 11:14 PM) *

Here are the contract papers. Any ideas or advice is welcome. smiley_notworthy.gif

Page 3 has all the fine print.


Stupid question but did you sign and send it in?? Did they get an original or did you fax it?? Did you initial any of the documents?? It occures to me that the hotel has a certain number of rooms to sell each night. You said that they were sold out on Saturday night (do they typically sellout on Fathers Day Weekend Saturday?? Did you push them way up on there 'occupancy rate on that day??) so that means that they had a certain number of unsold rooms on Friday and a certain number of unsold on Sunday. You need to get them to give you the number of rooms total for the property and the number of rooms actually sold on (in total) Friday and Sunday. They also have an 'occupancy rate' which is a percentage of sold rooms per night. If they average 50% on Fridays and they happen to be 75% on this particular Friday I would point that out. Same with Saturday. Did you have more than 50 rooms on Saturday?? You also need to start getting the names of all the different parties that were at the event and make sure that there total for rooms sold to WCC is the same as yours and if they are not they ned to provide the list of people that they have and you ned to check it against yours. Also when looking at the occupancy rate keep in mind that they keep a certain number of rooms open incase there is an emergency or Paris shows up. I will have the papers looked at and then give you a call.

Posted by: ConeDodger Jun 20 2007, 12:50 AM

QUOTE(hwgunner @ Jun 19 2007, 11:47 PM) *

QUOTE(McMark @ Jun 19 2007, 11:14 PM) *

Here are the contract papers. Any ideas or advice is welcome. smiley_notworthy.gif

Page 3 has all the fine print.


Stupid question but did you sign and send it in?? Did they get an original or did you fax it?? Did you initial any of the documents?? It occures to me that the hotel has a certain number of rooms to sell each night. You said that they were sold out on Saturday night (do they typically sellout on Fathers Day Weekend Saturday?? Did you push them way up on there 'occupancy rate on that day??) so that means that they had a certain number of unsold rooms on Friday and a certain number of unsold on Sunday. You need to get them to give you the number of rooms total for the property and the number of rooms actually sold on (in total) Friday and Sunday. They also have an 'occupancy rate' which is a percentage of sold rooms per night. If they average 50% on Fridays and they happen to be 75% on this particular Friday I would point that out. Same with Saturday. Did you have more than 50 rooms on Saturday?? You also need to start getting the names of all the different parties that were at the event and make sure that there total for rooms sold to WCC is the same as yours and if they are not they ned to provide the list of people that they have and you ned to check it against yours. Also when looking at the occupancy rate keep in mind that they keep a certain number of rooms open incase there is an emergency or Paris shows up. I will have the papers looked at and then give you a call.


Ummm... Paris ain't showin' up for a while dude. She is having naked shower jail sex with another inmate right now. Just ask Mark's wife Erin... biggrin.gif

Posted by: grantsfo Jun 20 2007, 12:59 AM

Mark,

If you can prove that some people didnt recieve the promised discounted rate and then communicated this to club in general I think you have grounds to invalidate all remaining liabilities to the hotel.

Essentially their actions scared away potential particapants.

Posted by: roadster fan Jun 20 2007, 01:13 AM

Hey Mark,

Thanks again for doing all the hard work and putting on the Classic.

FWIW, you should get a firm count from all attendees with details on how many nights they booked and at what rate. Also, if they tried to book a room but were told there were none available.

My family originally booked for Fri and Sat only, but on Saturday decided to spend Sunday night also. The wife was told that the WCR rate was not available, but they could extend our stay for $10 more that the WCR rate which we did. We were very clear that we were with WCR and had booked Fri and Sat well before the deadline.

Anyway, I am definitely willing to contribute more $$ to the cause, so you are not on the hook, but let's get the attendees info and FIGHT!

Jim

Posted by: ConeDodger Jun 20 2007, 01:19 AM

I have an idea...

It occurs to me that Mark should persue the challenge to the bill based on the fact that some were told the WCR rate was not available. That is the right thing to do.

Mark however should not be hanging in the wind like drying meat. Lets put together a Paypal fund to reduce his obligation and if Mark is successful at getting the thing to go away, the fund can be donated to charity. ALS has been mentioned. Korijo is after all, a part of our World...

Objections?

Posted by: markb Jun 20 2007, 01:35 AM

QUOTE(ConeDodger @ Jun 19 2007, 11:19 PM) *

I have an idea...

It occurs to me that Mark should persue the challenge to the bill based on the fact that some were told the WCR rate was not available. That is the right thing to do.

Mark however should not be hanging in the wind like drying meat. Lets put together a Paypal fund to reduce his obligation and if Mark is successful at getting the thing to go away, the fund can be donated to charity. ALS has been mentioned. Korijo is after all, a part of our World...

Objections?


No objections here.

Let's make it work.

Posted by: roadster fan Jun 20 2007, 01:46 AM

No objection here either! smile.gif

Posted by: Heeltoe914 Jun 20 2007, 09:43 AM

I will as well donate. But someone that is a good writer or lawyer type should start a letter complianing on what or groupe feeling is on this and start us all Faxing that letter in to managment and signing it, No one wonts to loose customers Make it stronge make it big and make it loud.
Anyway I stayed under

Leamon Stansell and Stephon Stansell
Your name here
Your name here

Lets copy and paste for a complete list.

Posted by: ConeDodger Jun 20 2007, 10:24 AM

How do I set up a Paypal account dedicated to this? I have my personal account but it seems that others have "set up" a dedicated account in the past. How should this be done?

Posted by: Tobra Jun 20 2007, 10:32 AM

QUOTE(grantsfo @ Jun 19 2007, 10:59 PM) *

Mark,

If you can prove that some people didnt recieve the promised discounted rate and then communicated this to club in general I think you have grounds to invalidate all remaining liabilities to the hotel.

Essentially their actions scared away potential particapants.

If they turned ANYONE away from here, they did not fulfill their end of the contract, which likely releases you from any liability whether you signed anything or not. You may even have cause of action against them, as there are no doubt some that did not go or cut their stay short due to their actions, costing you money and damaging the integrity of the WCR, possibly costing you further business. No idea about paypal Rob, but happy to give. Will even give Mark some of those PORSCHE stripes to raffle next time. Guess the Hilton does not get any 914 biz from here on out.

Posted by: McMark Jun 20 2007, 10:42 AM

QUOTE(hwgunner @ Jun 19 2007, 11:47 PM) *

Stupid question but did you sign and send it in?? Did they get an original or did you fax it?? Did you initial any of the documents??


Yep, they have a signed version. I generally don't bother to sign my copies. I can't remember for sure but I think I mailed their copies to them.

Thanks Jonathan. smiley_notworthy.gif I'll work on the list of people who stayed at the hotel.

Posted by: rhodyguy Jun 20 2007, 10:51 AM

during your talks with the 'head cheeses", be sure to mention that 7,047 members prob will pass on staying at ANY hilton hotels if they put the fuchin' to you.

k

Posted by: 914nerd Jun 20 2007, 10:55 AM

Yeah
This community doesn't exactly have a short memory about these sorts of things

Posted by: TROJANMAN Jun 20 2007, 11:14 AM

Mark,
Something is still not right.
A phone call should clear this up.
Who did you last speak with?

Posted by: ConeDodger Jun 20 2007, 11:18 AM

I have set up a separate Paypal account with Yopu as the account holder... I used shirleysime@sbcglobal.net as the send to email... (Hopefully she goes through with the wedding! blink.gif )

I am going to set up a second thread so this gets seen but for you guys that are following this once again, the email to send your paypal donation is shirleysime@sbcglobal.net

Mark may be able to resolve this but I see no reason to let him walk around with all the anxiety of this hanging over his head. Lets donate and if it works out in his favor we can send the money to ALS in the name of the World for Korijo...

Posted by: McMark Jun 20 2007, 12:52 PM

I just wanted to update everyone and let you know that I have been communicating with one of our own 'lawyer-types'. Once I have a handle on the 'professional perspective' of the contract I will be calling the hotel or the regional branch to discuss further reduction of the bill.

Short Version: No news yet. wink.gif

Posted by: jgara962 Jun 20 2007, 01:00 PM

QUOTE(ConeDodger @ Jun 20 2007, 10:18 AM) *

I have set up a separate Paypal account with Yopu as the account holder... I used shirleysime@sbcglobal.net as the send to email... (Hopefully she goes through with the wedding! blink.gif )

I am going to set up a second thread so this gets seen but for you guys that are following this once again, the email to send your paypal donation is shirleysime@sbcglobal.net

Mark may be able to resolve this but I see no reason to let him walk around with all the anxiety of this hanging over his head. Lets donate and if it works out in his favor we can send the money to ALS in the name of the World for Korijo...


I'm more than willing to help Mark out and donate some $$$. He shouldn't be personally stuck with this just because he was kind enough to arange the accomodations. But I think we should wait a couple of days and see what can be resolved directly with the hotel before we start rallying the troops and asking for donations. Just my opinion.

Posted by: KELTY360 Jun 20 2007, 01:05 PM

QUOTE
I'm more than willing to help Mark out and donate some $$$. He shouldn't be personally stuck with this just because he was kind enough to arange the accomodations. But I think we should wait a couple of days and see what can be resolved directly with the hotel before we start rallying the troops and asking for donations. Just my opinion.


agree.gif

Posted by: Jake Raby Jun 20 2007, 01:08 PM

Damn... All I can say is this is the typical result that occurs when helping people out these days...

It's more incentive to be a ruthless, heartless bastard that cares about nothing and no one!

The good guys like Mark always get the shaft.

Posted by: skline Jun 20 2007, 01:20 PM

Mark,
I just printed the contract and showed to my SO/in house attorney to be and she said you are screwed. The contract is binding, the terms of cancellation are clearly spelled out. Sorry to be the bearer of bad news.

The fact that they tried to charge more to some is irrelevant, they are framing their damages as he agreed upon. It's called "Liquidated damages" which goes beyond what the basic room rate was.

Her advice is to have your lawyer contact them and try to negotiate a compromise. If this was 6 months from now, she would be able to do it for you. She takes the bar in July so she is not yet licensed. Sorry.


Posted by: Blood red 914-6gt Jun 20 2007, 01:26 PM

QUOTE(skline @ Jun 20 2007, 12:20 PM) *

Mark,
I just printed the contract and showed to my SO/in house attorney to be and she said you are screwed. The contract is binding, the terms of cancellation are clearly spelled out. Sorry to be the bearer of bad news.

The fact that they tried to charge more to some is irrelevant, they are framing their damages as he agreed upon. It's called "Liquidated damages" which goes beyond what the basic room rate was.

Her advice is to have your lawyer contact them and try to negotiate a compromise. If this was 6 months from now, she would be able to do it for you. She takes the bar in July so she is not yet licensed. Sorry.


Why don't we wait until he heres this from real lawyers. WTF.gif

Posted by: Dr Evil Jun 20 2007, 01:49 PM

QUOTE(Blood red 914-6gt @ Jun 20 2007, 03:26 PM) *

QUOTE(skline @ Jun 20 2007, 12:20 PM) *

Mark,
I just printed the contract and showed to my SO/in house attorney to be and she said you are screwed. The contract is binding, the terms of cancellation are clearly spelled out. Sorry to be the bearer of bad news.

The fact that they tried to charge more to some is irrelevant, they are framing their damages as he agreed upon. It's called "Liquidated damages" which goes beyond what the basic room rate was.

Her advice is to have your lawyer contact them and try to negotiate a compromise. If this was 6 months from now, she would be able to do it for you. She takes the bar in July so she is not yet licensed. Sorry.


Why don't we wait until he heres this from real lawyers. WTF.gif


Hey Man,
You may not have meant it to, but that comment comes across as kinda brash. Scott is just trying to help and stated that his SO was not yet licensed so that people could consider that when reading her opinion.

Posted by: Blood red 914-6gt Jun 20 2007, 02:03 PM

QUOTE(Dr Evil @ Jun 20 2007, 12:49 PM) *

QUOTE(Blood red 914-6gt @ Jun 20 2007, 03:26 PM) *

QUOTE(skline @ Jun 20 2007, 12:20 PM) *

Mark,
I just printed the contract and showed to my SO/in house attorney to be and she said you are screwed. The contract is binding, the terms of cancellation are clearly spelled out. Sorry to be the bearer of bad news.

The fact that they tried to charge more to some is irrelevant, they are framing their damages as he agreed upon. It's called "Liquidated damages" which goes beyond what the basic room rate was.

Her advice is to have your lawyer contact them and try to negotiate a compromise. If this was 6 months from now, she would be able to do it for you. She takes the bar in July so she is not yet licensed. Sorry.


Why don't we wait until he heres this from real lawyers. WTF.gif


Hey Man,
You may not have meant it to, but that comment comes across as kinda brash. Scott is just trying to help and stated that his SO was not yet licensed so that people could consider that when reading her opinion.


Hey Dr.

I know it sounded brash, but I have no respect for Scott as I know he has screwed 914 enthusiasts more than one timeincluding myself. In fact we were just talking about all the people last night at out teener tuesday meet. Everyone has been trying to help, and then this yahoo comes on being very negative when he nor his lady friend is not a lawyer. Stay postive about this as we are all in this together.

Posted by: BMXerror Jun 20 2007, 02:05 PM

QUOTE(Jake Raby @ Jun 20 2007, 12:08 PM) *

Damn... All I can say is this is the typical result that occurs when helping people out these days...

It's more incentive to be a ruthless, heartless bastard that cares about nothing and no one!

The good guys like Mark always get the shaft.

That's what the club's here for.
Mark D.

Posted by: TROJANMAN Jun 20 2007, 02:30 PM

QUOTE(Blood red 914-6gt @ Jun 20 2007, 11:26 AM) *

QUOTE(skline @ Jun 20 2007, 12:20 PM) *

Mark,
I just printed the contract and showed to my SO/in house attorney to be and she said you are screwed. The contract is binding, the terms of cancellation are clearly spelled out. Sorry to be the bearer of bad news.

The fact that they tried to charge more to some is irrelevant, they are framing their damages as he agreed upon. It's called "Liquidated damages" which goes beyond what the basic room rate was.

Her advice is to have your lawyer contact them and try to negotiate a compromise. If this was 6 months from now, she would be able to do it for you. She takes the bar in July so she is not yet licensed. Sorry.


Why don't we wait until he heres this from real lawyers. WTF.gif

If you gave it to a real lawyer, this is the answer you might get:

Well, It seems we may have a case here. Of course, the hotel has a good argument for charging you as well. It is really hard to tell who is right and who is wrong. You did sign a legal contract, but that doesn't really mean anything. Then again, it might. Why don't you set up an appointment and we can discuss this further. There is no guarantee we can win, but you do have a legitimate argument, and I feel good about it. But remember, the hotel has a good argument too. I guess what I am trying to say is, that this could go either way, but I am willing to help you. Even though we may not win, it is important for me to get paid. Did I just say that out loud? I meant, it is important that we fight this to the end, no matter how much it may cost, because this is about my Porsche car payment that's due. Oops, I meant principal, this is about principal.

Now........you can make that check out to Dewey, Cheatum, and Howe. Please make sure to put a comma after every three zeros.

Posted by: Blood red 914-6gt Jun 20 2007, 02:35 PM

av-943.gif Very good, but that is why I am hoping for our lawyer members to pull through for us. We are all fellow teeners, and I hope we can all be loyal to help a member out. Especialy one who has gone out of his way to do something for all of us in organizing the WCR.

Posted by: JRust Jun 20 2007, 02:42 PM

I'd be willing to help a little too. Hopefully you can get this squared away. Do post the number for their manager or whoever you are dealing with. I'd be willing to bet after 100 plus call complaining they will relent. If not we can just move it on up the line & call them too! Eventually they will see the error of their ways. May take a little work from all of us though. Good luck & keep us posted. We'll all help!

Posted by: aircooledboy Jun 20 2007, 02:54 PM

Boy, there are some real pieces of work here all the sudden.


You know what Greg, that could happen. Or, maybe all lawyers aren't like the joke punch line types many morons believe they all are, based on what they saw on TV. Maybe, there is a lawyer giving detailed, meaningful, practical guidance at this very minute, not the least bit interested in getting one red fuching cent.

You're probably right though. You usually are.

confused24.gif

Posted by: Blood red 914-6gt Jun 20 2007, 02:59 PM

QUOTE(aircooledboy @ Jun 20 2007, 01:54 PM) *


You know what Greg, that could happen. Or, maybe all lawyers aren't like the joke punch line types many morons believe they all are, based on what they saw on TV. Maybe, there is a lawyer giving detailed, meaningful, practical guidance at this very minute, not the least bit interested in getting one red fuching cent.


confused24.gif


agree.gif

Posted by: TROJANMAN Jun 20 2007, 03:22 PM

QUOTE(aircooledboy @ Jun 20 2007, 12:54 PM) *

You know what Greg, that could happen. Or, maybe all lawyers aren't like the joke punch line types many morons believe they all are, based on what they saw on TV. Maybe, there is a lawyer giving detailed, meaningful, practical guidance at this very minute, not the least bit interested in getting one red fuching cent.

You're probably right though. You usually are.

confused24.gif

Wow, I don't remember checking my sense of humor at the door when I went to law school. confused24.gif

But thanks for helping out. smile.gif

Posted by: McMark Jun 20 2007, 04:10 PM

Well, I'm considering all opinions and biding my time before taking action. I definitely appreciate everyone who's gone out of their way to propose a solution. I don't think rejecting other people's ideas is helpful, especially rejecting them based on some past drama. I'm going to wait and make the phone call tomorrow. Keep the suggestions coming because they all help me, even if I don't agree smile.gif, and keep the negativity to yourself, it doesn't help me at all. sad.gif

Posted by: GTeener Jun 20 2007, 04:12 PM

QUOTE(McMark @ Jun 19 2007, 11:14 PM) *

Here are the contract papers. Any ideas or advice is welcome. smiley_notworthy.gif

Page 3 has all the fine print.


Ouch...

Actually page 2 looks like the trouble.

"Performance Fee: If the event is held, but the hotel does not realize the total revenue anticipate from your event, you agree to pay performance damages. The damages owed will be the amount necessary for the hotel to receive no less than 80% of the total anticipated revenue from your event."

If I'm understanding these contract terms correctly you committed to bring the hotel $7,750 a day for 3 days (50 rooms) and guarenteed the hotel at least 80% of the committed $23,250 (=~$18,600) [probably doesn't include more money for taxes].

So if we didn't fill ~ 40 rooms, the hotel still gets to collect money up to 80% of the expected $7,750/day. stromberg.gif

What is jacked up is the part that says the rate is available for 3 days before and after the event days, which apparently didn't get honored.

Your best bet is probably to get the "performance fee penalty" reduced by proving that there were event people that didn't get properly accounted for (paid full price).

Hindsight is 20/20, but this is a learning moment for us all idea.gif

Posted by: Demick Jun 20 2007, 04:33 PM

QUOTE(GTeener @ Jun 20 2007, 03:12 PM) *

What is jacked up is the part that says the rate is available for 3 days before and after the event days, which apparently didn't get honored.


What is meant by this is that anyone who reserved rooms under the WCR would be given that same per-day room rate for up to 3 days before and 3 days after the event itself. So if you wanted to stay Monday night as well, they would give you the same rate.

What isn't mentioned anywhere in the contract is a date at which they would no longer honor the WCR special rate - only a date at which they will sell any unreserved rooms to the general public. And they clearly did not honor the $155 rate after some unspecified date.

A certain number of rooms were obligated to be filled at a specified rate. But they refused to fill rooms at that rate after some unspecified date, thereby turning away potential attendees and room reservations, as well as probably not counting some who were denied the WCR rate in our total.

I think that's probably the best avenue of defense.

Posted by: GTeener Jun 20 2007, 05:00 PM

QUOTE(Demick @ Jun 20 2007, 03:33 PM) *

QUOTE(GTeener @ Jun 20 2007, 03:12 PM) *

What is jacked up is the part that says the rate is available for 3 days before and after the event days, which apparently didn't get honored.


What is meant by this is that anyone who reserved rooms under the WCR would be given that same per-day room rate for up to 3 days before and 3 days after the event itself. So if you wanted to stay Monday night as well, they would give you the same rate.

What isn't mentioned anywhere in the contract is a date at which they would no longer honor the WCR special rate - only a date at which they will sell any unreserved rooms to the general public. And they clearly did not honor the $155 rate after some unspecified date.

A certain number of rooms were obligated to be filled at a specified rate. But they refused to fill rooms at that rate after some unspecified date, thereby turning away potential attendees and room reservations, as well as probably not counting some who were denied the WCR rate in our total.

I think that's probably the best avenue of defense.


thumb3d.gif

Posted by: aircooledboy Jun 20 2007, 05:10 PM

Unnecessarily pissy overreacting rant deleted.

Greg PM'ed an apology for upsetting the unnecessarily pissy guy, which was nice, but not owed.

My bad Greg, actually. This thread is about fixing McMark's trouble, nothing else.

Anybody got a Midol? monkeydance.gif

Posted by: Dr Evil Jun 20 2007, 05:26 PM

QUOTE(McMark @ Jun 20 2007, 06:10 PM) *

Well, I'm considering all opinions and biding my time before taking action. I definitely appreciate everyone who's gone out of their way to propose a solution. I don't think rejecting other people's ideas is helpful, especially rejecting them based on some past drama. I'm going to wait and make the phone call tomorrow. Keep the suggestions coming because they all help me, even if I don't agree smile.gif, and keep the negativity to yourself, it doesn't help me at all. sad.gif


agree.gif thats why you are a good man thumb3d.gif

Posted by: 914nerd Jun 20 2007, 05:49 PM

Edited

Posted by: spunone Jun 20 2007, 06:07 PM

Chris you be da man Thanks for doing what you do beerchug.gif

Posted by: SLITS Jun 20 2007, 06:12 PM

Just pass the collection plate so I can go back to yellowsleep[1].gif . More than one has been bailed out by this group.

Gad

http://www.914world.com/bbs2/index.php?showtopic=73100

Posted by: Gint Jun 20 2007, 06:55 PM

QUOTE(914nerd @ Jun 20 2007, 04:49 PM) *
And yes, ubiquitous is just one of those words that is fun to say


So is... asshat. laugh.gif

While I'm on the subject. Totally off topic BTW but we could obviously use a little humor at this point, one of my favorite quotes form City Slickers:

Ed Furillo: No, that was "I like your ass. Can I wear it as a hat?"

Posted by: hwgunner Jun 20 2007, 10:16 PM

Mark, you have a PM. Call me anytime if you need to. I also sent it to aircooledboy. He did not ask for it but I figured that his nose was already in it. You may also send it to anybody else you want for their input.




Posted by: skline Jun 20 2007, 10:37 PM

My comments were not intended to be negative, merely stating what my girl said, as for her qualifications? She may not be a "Real Lawyer" yet, but she graduated top in her class which means she does have her JD, and she is a Kennedy Scholar, since she is studying the law now, her mind is very sharp about all legal subjects, therefore, I felt her input was something Mark should hear and consider. She cannot give legal advice until she gets her license to practice which is why she did not step up to take the case, however, if she did have her license, she said she would have done it for free.

In any case, now is the time for all to step up and help out with their donations to this cause, Mark is not the only one on the hook for this, if you read that contract close, he names his company as 914World.com which means they could attach to it as well. It's not probably but possible.


Peace Out!

Posted by: SLITS Jun 21 2007, 10:23 AM

Hey Scott, don't worry about it. The bottom feeders always get their panties bunched up (Thanks Dolly).

Carmen is cool even if she's a Lawyer.

Posted by: highways Jun 21 2007, 05:46 PM

Lawyers+Porsches VS. Hiltons+incarcerated hoe daughter

Who do they think they're messing with? Maybe all 7,500 of us need to organize a little 'fun run rumble' in their driveway.

burro.gif

Posted by: 914nerd Jun 21 2007, 06:10 PM

QUOTE(highways @ Jun 21 2007, 05:46 PM) *

Lawyers+Porsches VS. Hiltons+incarcerated hoe daughter

Who do they think they're messing with? Maybe all 7,500 of us need to organize a little 'fun run rumble' in their driveway.

burro.gif


2:00 AM, the loudest exhaust you've got (or none, whatver)
Thousands of teeners all across the country pull into the nearest Hilton parking lot and rev up as much as they can
Let it sit up there for a few minutes (or less, for those engine-counscious people)
Burn out, then drive off
driving.gif
burnout.gif
happy11.gif

Posted by: JB 914 Jun 21 2007, 06:58 PM

QUOTE(Blood red 914-6gt @ Jun 20 2007, 01:03 PM) *

QUOTE(Dr Evil @ Jun 20 2007, 12:49 PM) *

QUOTE(Blood red 914-6gt @ Jun 20 2007, 03:26 PM) *

QUOTE(skline @ Jun 20 2007, 12:20 PM) *

Mark,
I just printed the contract and showed to my SO/in house attorney to be and she said you are screwed. The contract is binding, the terms of cancellation are clearly spelled out. Sorry to be the bearer of bad news.

The fact that they tried to charge more to some is irrelevant, they are framing their damages as he agreed upon. It's called "Liquidated damages" which goes beyond what the basic room rate was.

Her advice is to have your lawyer contact them and try to negotiate a compromise. If this was 6 months from now, she would be able to do it for you. She takes the bar in July so she is not yet licensed. Sorry.


Why don't we wait until he heres this from real lawyers. WTF.gif


Hey Man,
You may not have meant it to, but that comment comes across as kinda brash. Scott is just trying to help and stated that his SO was not yet licensed so that people could consider that when reading her opinion.


Hey Dr.

I know it sounded brash, but I have no respect for Scott as I know he has screwed 914 enthusiasts more than one timeincluding myself. In fact we were just talking about all the people last night at out teener tuesday meet. Everyone has been trying to help, and then this yahoo comes on being very negative when he nor his lady friend is not a lawyer. Stay postive about this as we are all in this together.



Sounds like you have an issue with Scott. So, why don't you take it up with Scott?

post up your address. I want to send you an XL box of Kotex to help you through this excess flow.




Posted by: xitspd Jun 22 2007, 10:51 AM

Mark,

Give them a proposed settle offer of 50%. If they will take it, let the paypal roll! I will contribute. Keep us informed.

Dan

Posted by: McMark Jun 22 2007, 12:22 PM

My Last Email:

QUOTE
I just wanted to check in. I've been asking the community for donations, but so far we've only raised an additional $250. There are some people who are looking for more information before they help out. I was wondering if you could get me the final list of rooms for my event, the occupancy numbers for the whole hotel, as well as average occupancy rates for a typical Fri, Sat, Sun and historic occupancy rates for Fathers Day weekend. My membership is a smart group of people, and they would like to see some hard numbers before they dig deep. On the other hand, if we could settle at $2000, then I could borrow enough to make that happen and you and I can both move on. $5500 is still looking very far away. Also, if you need verification of my financial situation, I'd be happy to give you the card information for my other credit cards and you can try charging them. I know that this is a very unfortunate situation, and I am extremely sorry. I wish I was in a better financial situation. I hope your director will understand my desperation and allow the Performance Fee to be reduced even further. Thanks.


The Hotel's Reply:

QUOTE
Hello Mark ~

Attached is the final reservation list for your room block. The hotel will not be disclosing the current or past occupancy and historic rates you have requested, as the contract you have signed is a performance based contract. Performance damages are figured on performance of the agreement, not on hotel occupancy.

Out of consideration of your situation the hotel has offered to reduce the original performance of $11,315.00 to $5,500.00 (over a 50% reduction in performance). If we were to calculate your performance based on occupancy the total performance due would be $7,130.00

Included with this email is the invoice and payment schedule for the performance due. We are asking that you submit the $2,000.00 by the end of this month with the remaining balance due in payments the month of
July.

Please do not hesitate to contact me should you have any questions.

Lenae


Here is the official WCR Room List: Attached File  gprmlsts.pdf ( 8.47k ) Number of downloads: 281

Here is their payment schedule: Attached File  914.pdf ( 68.75k ) Number of downloads: 300


At this point I don't know any other option than to proceed with payment. I'm not good at handling these types of situations. There is a regional sales office in San Francisco CA (Tel: +1 (415) 773 xxxx, PM me) but I don't know if it will do any good. If anyone wants to call them, I suppose it can't hurt at this point.

I'm very disappointed in myself. sad.gif

Posted by: Krimee Ariver Jun 22 2007, 12:39 PM

Mark,
You should take the number down before 1000 people start to call it and try to help. Pick one guy to make the call. I can do it if you'd like, or have someone else do it, but just have one person make the call. Getting advice from an attorney, or anyone for that matter, is not going to help you if you do not know how to convey that message forward. Have someone else make the call for you.

I know everyone wants to help you, but there can be such a thing as too much of a good thing. (of course be prepared for them to say that they can only talk to you on this matter, so someone may need to call them saying they are you)

I don't know all of the facts, but from what I have read, your best argument is going to be to show that they breached the contract first, buy overcharging your guests from the preferred rate, or excluded some guests from being part of the group.

-greg
(i have no idea why i am signed in like this)

Posted by: Headrage Jun 22 2007, 12:44 PM

WTF.gif My name isn't even on there. blink.gif

I think they are missing some other people as well

When I made my reservations I used the promotion code. confused24.gif

Posted by: McMark Jun 22 2007, 01:14 PM

Hey that ain't right... Who else isn't on the list? Or dates are wrong? Maybe this isn't over yet...

Posted by: sendjonathanmail Jun 22 2007, 01:19 PM

wow..they're asking for payment every week...not even every few weeks....they are definetly not giving you ANY leeway...im really sorry to hear about this...--JON

Posted by: McMark Jun 22 2007, 01:22 PM

Also, did anyone get charged over $155.

Posted by: Headrage Jun 22 2007, 01:25 PM

QUOTE(McMark @ Jun 22 2007, 11:22 AM) *

Also, did anyone get charged over $155.


Yep, $179.00 per night.

Posted by: GTeener Jun 22 2007, 01:37 PM

confused24.gif I know I gave them the group code but we're listed as LV1 on that list you posted.

My room confirmation says we are rate type 914 World West Coast $155 WTF.gif

Posted by: McMark Jun 22 2007, 02:13 PM

BTW, DO NOT CALL ON MY BEHALF.

We are working on some of the numbers and may have something good. But we can't negotiate with a pissed off hotel. wink.gif I'm stupid for leaving/posting the numbers in the first place.

Posted by: dakotaewing Jun 22 2007, 02:32 PM

If the hotel was booked to capacity on any of those nights, and they turned one WWR participant away, it would appear that they would be in breach of the entire contract. There is no way the WWR participants could perform to the level of the contract required if the hotel was booked and members of the group were turned away - I am not a lawyer, but it appears to me that is why they are refusing to provide the occupancy status for the weekend... They were booked to capacity, and are just doing their best to increase revenue -

Posted by: messix Jun 22 2007, 02:37 PM

good luck mark, keep your chin up!

and worse comes to worse my wallet will help as much as it can.

Posted by: ConeDodger Jun 22 2007, 03:02 PM

Yup... Somethinig is wrong. Mark, check your attendance list against the list of people they have here. Looks like about 1/2 aren't there...

I am on the list for three nights, who isn't?

Posted by: DownUnderMan Jun 22 2007, 03:44 PM

Isn't there as lawyer located more conveniently, than down here?

Here's the drum:

1. The obligation set out in Cl 2 is to pay the shortfall between what the event generated by guestroom revenue and 80% of 155 x 50 x 3 / .8 = $18,600.

2. Cl 2 is focused on revenue not percentage of occupancy of rooms.

3. It follows that revenue from anyone who attended the event counts towards the 80%, whether they got the WCR deal or not.

4. Revenue from anyone who arrived in the 3 days before or stayed in the 3 days after would not count, only the relevant nights.

What to do:

5. Someone should prepare a detailed spreadsheet showing who was there on each night and what they actually paid, whether they got the WCR rate or not. You will then be able to quantify the amount in issue.

6. Put that figure (the shortfall figure) to the hotel with a copy of the spreadsheet and offer of payment/refund. I think you have paid something in any case, so its probably a refund.

7. Absent agreement on the amount in issue, the agreement contains an arbitration provision. What we call down here a Scott v Avery clause. It excludes court action and provides that the only method of resolving a dispute arising under the contract is by the means set; in this case arbitration before Jams/Endispute. Although this does not extend to disputes relating to IP and misleading and deceptive conduct.

8. That is the straight contract law position. I think somebody's girlfriend might know what the law is there in relation to misleading and deceptive conduct by corporations and the consequences which flow from it. Determining that issue depends upon whether Mark might have been mislead or whatever by the conduct of the corporation. Leave that for someone else to advise on.

Its early Saturday morning and dark and cold and the newspaper hasn't arrived yet.

Cheers,

Howie
Lawyer from Oz

Posted by: Headrage Jun 22 2007, 08:18 PM

icon_bump.gif

It got too far down the page. beer.gif

Posted by: hwgunner Jun 22 2007, 08:37 PM

QUOTE(DownUnderMan @ Jun 22 2007, 02:44 PM) *

Isn't there as lawyer located more conveniently, than down here?

Here's the drum:

1. The obligation set out in Cl 2 is to pay the shortfall between what the event generated by guestroom revenue and 80% of 155 x 50 x 3 / .8 = $18,600.

2. Cl 2 is focused on revenue not percentage of occupancy of rooms.

3. It follows that revenue from anyone who attended the event counts towards the 80%, whether they got the WCR deal or not.

4. Revenue from anyone who arrived in the 3 days before or stayed in the 3 days after would not count, only the relevant nights.

What to do:

5. Someone should prepare a detailed spreadsheet showing who was there on each night and what they actually paid, whether they got the WCR rate or not. You will then be able to quantify the amount in issue.

6. Put that figure (the shortfall figure) to the hotel with a copy of the spreadsheet and offer of payment/refund. I think you have paid something in any case, so its probably a refund.

7. Absent agreement on the amount in issue, the agreement contains an arbitration provision. What we call down here a Scott v Avery clause. It excludes court action and provides that the only method of resolving a dispute arising under the contract is by the means set; in this case arbitration before Jams/Endispute. Although this does not extend to disputes relating to IP and misleading and deceptive conduct.

8. That is the straight contract law position. I think somebody's girlfriend might know what the law is there in relation to misleading and deceptive conduct by corporations and the consequences which flow from it. Determining that issue depends upon whether Mark might have been mislead or whatever by the conduct of the corporation. Leave that for someone else to advise on.

Its early Saturday morning and dark and cold and the newspaper hasn't arrived yet.

Cheers,

Howie
Lawyer from Oz


Howie, this is spot on but for one thing for sure. Lawyers hate the arbitration and according to my lawyer, arbitration goes to the business a large majority of the time.

Posted by: ConeDodger Jun 22 2007, 08:57 PM

It looks like this is real guys... Mark is as of right now, ON THE HOOK for $5500.00. Lets get it together and help him out. This is our site and Mark is on the hook for something he tried to do for us... Frankly, it was a pretty cool event. drunk.gif

So show some heart and send a few bucks for Mark's Mcfund... It's the right thing to do... smile.gif

Posted by: Headrage Jun 22 2007, 09:02 PM

QUOTE(ConeDodger @ Jun 22 2007, 06:57 PM) *

So show some heart and send a few bucks for Mark's Mcfund... It's the right thing to do... smile.gif


Let's make Mark whole.

All of you guys did it for the wierd stolen /6 fund.

This is real...

Posted by: xitspd Jun 22 2007, 11:25 PM

QUOTE(McMark @ Jun 22 2007, 01:13 PM) *

BTW, DO NOT CALL ON MY BEHALF.

We are working on some of the numbers and may have something good. But we can't negotiate with a pissed off hotel. wink.gif I'm stupid for leaving/posting the numbers in the first place.



I agree with Mark. Make an offer and we will support it. Mark make sure they have recorded my stay as well. My wife traveled with me so I upgraded the room. Headrage, I agree with misguided legal fee. Ha..Ha.. Nice to see you again by the way. I also enjoyed talikng with Lehman Stanzel about racing with the POC ( I am getting old, that's good!). Nice to meet Felix as well as many others.

Thanks,

Dan



Posted by: jimkelly Jun 23 2007, 11:21 AM

i could be wrong - but - i have heard some people have stayed out of total trouble with those owed and/or credit rating agencies by at least making some sort of payment - even if small - on time. like they want $2000 by a certain date - send at least $1 or what ever you can on time - never miss a payment date. jim

Posted by: roadster fan Jun 23 2007, 01:41 PM

Hey Mark,

I looked at the list and I am on there for the correct dates but I was charged 165.00 for the third night (Sunday night) if that helps you with contract issues. Anyway, paypal to be sent shortly to help with the "performance shortage payment". Thanks again for organizing the event, My wife and daughter are now as enthusiastic about the car in the garage as I am mueba.gif after seeing all the running/driving teeners.

Thanks again you rock! aktion035.gif

Jim Knowlton


Posted by: ConeDodger Jun 23 2007, 07:05 PM

QUOTE(roadster fan @ Jun 23 2007, 12:41 PM) *

Hey Mark,

I looked at the list and I am on there for the correct dates but I was charged 165.00 for the third night (Sunday night) if that helps you with contract issues. Anyway, paypal to be sent shortly to help with the "performance shortage payment". Thanks again for organizing the event, My wife and daughter are now as enthusiastic about the car in the garage as I am mueba.gif after seeing all the running/driving teeners.

Thanks again you rock! aktion035.gif

Jim Knowlton


Good to know Jim...

Posted by: Michael N Jun 24 2007, 01:22 AM

I am not on the list as well. Here is a copy of part of the invoice and cost of the room for Saturday and Sunday night. This was booked via the link for the WCR and I did use the discount code for the event. Room 239.

One Doubletree Drive
Rohnert Park, CA United States 94928
Phone: 1-707-584-5466 Fax: 1-707-586-9726 Check-In date: 16 Jun 2007
Check-Out date: 18 Jun 2007
Check-In time: 3:00 PM
Check-Out time: 12:00 PM

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Rate Information:


Rate Type:
NET DIRECT RATES
Rate per night: 179.10 USD

Total for Stay per Room:
Rate 358.20 USD
Taxes 50.51 USD
Total 408.71 USD

Total for Stay: 408.71 USD
Includes estimated taxes and service charges.

Tax & Service Charges • There is a 14.10% Per Room Per Night tax.

Additional Charges • Self parking: 0.00/night

Rules & Restrictions: • Full payment in advance is required for this reservation and your credit card will be charged immediately. This charge will be billed on your credit card statement as "Hilton Advance Purchase, Memphis TN."
• If you cancel for any reason, attempt to modify this reservation, or do not arrive on your specified check-in date, your payment is non-refundable.
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Posted by: McMark Jun 24 2007, 02:28 AM

Thanks for the info guys. This stuff looks like it is really going to help us out.

Posted by: rhodyguy Jun 24 2007, 09:04 AM

i know your mailing addy is in the other thread. i didn't go all the way thru this one again to see if it's noted. i think you can expect a few checks via snail mail next week. just mho, don't get too chesty with the corperate offices. if the $5.5k can be scraped together, pay it and be done with it. the room rates were way off the f-in' scale. nail a 'help' thread with pertinent payment info, close/lock it to keep the chatter down, and just move along.

k

Posted by: ConeDodger Jun 24 2007, 06:40 PM

QUOTE(rhodyguy @ Jun 24 2007, 08:04 AM) *

i know your mailing addy is in the other thread. i didn't go all the way thru this one again to see if it's noted. i think you can expect a few checks via snail mail next week. just mho, don't get too chesty with the corperate offices. if the $5.5k can be scraped together, pay it and be done with it. the room rates were way off the f-in' scale. nail a 'help' thread with pertinent payment info, close/lock it to keep the chatter down, and just move along.

k


Already done. Not nailed but I find that nailed threads tend to be ignored. See the Save Mark from Paris HIltons evil minions thread...

Posted by: boxstr Jul 5 2007, 09:53 AM

Looks like the debt owed is way more than Mark has let on....this according to the latest on the Hilton buyout.
Hilton Hotels (HLT, news, msgs) agreed Tuesday to an all-cash buyout from Blackstone Group (BX, news, msgs) in a deal that adds up to $26 billion including assumed debt. The deal would make Blackstone the world's largest hotel owner.

Blackstone plans to purchase all of Hilton's outstanding stock for $47.50 per share, a 32% premium to the stock's $36.05 closing price on Tuesday -- roughly $20.1 billion, plus about $6 billion in debt.

Andrew Didora of Jefferies & Co. said the transaction shows the lodging sector provides solid value. He was pleased with Blackstone's plan to grow the Hilton business. "This shows Blackstone has confidence in the fundamental trends in the industry," Didora wrote in a client note.

Didora also sees the acquisition giving a boost to Starwood Hotel & Resorts Worldwide (HOT, news, msgs), due to its similar structure to Hilton. Shares of Hilton were up 26% this morning at $45.47; Starwood shares were also rising, up 8% at $74.64.


CCLIN914NATION

Posted by: Joe Owensby Jul 15 2007, 01:48 PM

What was the final result of all this. I was waiting to see if it got settled. If not, let me know, and I can send a few $'s to help out from the other coast. I have really appreaciated all the info on this board, and would like to help out a little if needed. JoeO

Posted by: McMark Jul 15 2007, 02:16 PM

I posted in the other thread, but forgot about this one. I just got the letter from the Hilton lawyers on Friday. I have sent copies to my legal counsel. So we'll see where it goes from here. Things are moving, but at a legal pace (SLOW).

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