It's official...., I just got the final word from the hotel Options

[messix]

good luck mark, keep your chin up!

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

[ConeDodger]

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?

[Downunderman]

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

[Allan]

(IMG:style_emoticons/default/icon_bump.gif)

It got too far down the page. (IMG:style_emoticons/default/beer.gif)

[hwgunner]

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.

[ConeDodger]

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. (IMG:style_emoticons/default/drunk.gif)

So show some heart and send a few bucks for Mark's Mcfund... It's the right thing to do... (IMG:style_emoticons/default/smile.gif)

[Allan]

So show some heart and send a few bucks for Mark's Mcfund... It's the right thing to do... (IMG:style_emoticons/default/smile.gif)

Let's make Mark whole.

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

This is real...

[xitspd]

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. (IMG:style_emoticons/default/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

[jimkelly]

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

[roadster fan]

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 (IMG:style_emoticons/default/mueba.gif) after seeing all the running/driving teeners.

Thanks again you rock! (IMG:style_emoticons/default/aktion035.gif)

Jim Knowlton

[ConeDodger]

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 (IMG:style_emoticons/default/mueba.gif) after seeing all the running/driving teeners.

Thanks again you rock! (IMG:style_emoticons/default/aktion035.gif)

Jim Knowlton

Good to know Jim...

[Michael N]

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

--------------------------------------------------------------------------------
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. [color=#3333FF]

[McMark]

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

[rhodyguy]

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

[ConeDodger]

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...

[boxstr]

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

[Joe Owensby]

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

[McMark]

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).