SCAM ALERT: Emails Inquiring into Renting Rooms to Minors May be Trolling for Opportunities to Sue
(June 2, 2014) The International Society of Hotel Association Executives (ISHAE) has brought a possible scam to the Washington Lodging Association’s attention. While we do not have confirmation that this scam has happened in Washington State, we want our members to be aware of this ISHAE alert.
ISHAE has been made aware of facts that strongly indicate that a scam is being perpetrated on lodging operators. Although it is possible that the sequence of events is purely coincidental, it is believed that this is not the case:
A number of hotels in California, Michigan and Kansas have received e-mails like the following:
Hello Hotel X:
We are the travel agency of a teenager (residing in Canada) for a business trip in California. Our client is 17 years of age and will travel on his own. He is interested in using your lodging services because he needs shelter.
Before arranging any travel plan, we would like to confirm that your establishment would not refuse to check him into the hotel. Can you accept our client? If not, is there any alternative or solution to accommodate him in your establishment?
We would also like to request details regarding any policy that could affect our client.
Best Regards,
Sanjiv Kumar
Reservations Agent
Horizon Access Travel, Inc.
There are several reasons why it is believed that this e-mail is part of a scam that can cost hotels thousands:
1. After extensive research, ISHAE has not been able to find the entity known as “Horizon Access Travel, Inc.” (If you find it on the Internet or otherwise, please let ISHAE know).
2. Even if it is assumed that Horizon exists other than as a name in an e-mail, it is highly unlikely, and suspicious, that the same solicitation is being sent to numerous hotels.
3. In at least two cases involving hotels that responded to the e-mail and informed Horizon that the hotels did not take anyone under 21, the hotels quickly received a demand letter from a Sacramento attorney insisting on a payment of over $5,000 to compensate his client, who is apparently the 17-year old person referred to in the e-mail. The demand letter states that because the hotel does not accept minors or people under 21, the hotel has violated California’s Unruh Civil Rights Act and Penal Code Section 365.
In Washington State, there is some legal ambiguity as to whether or not hotels may refuse to provide service or accommodations to minors. The Washington State Hospitality Law Manual, Third Edition notes that some hotels refuse to provide service or accommodations to an individual under the age of 18 years under the theory that a minor has no capacity to enter into a contract. RCW 26.28.015(4). However, it also notes that “some legal authority indicates that refusing to provide accommodations to underage persons is discriminatory and in violation of state anti-discrimination laws. This theory has not been tested in a Washington court.”
Based on all of this, it is believed that all of this is a SCAM that may subject hotels to substantial liability. It is strongly recommended that hotels DO NOT respond in any way to this e-mail.
Learn more about Washington law and renting room to minors during prom and graduation season
About the Washington State Hospitality Law Manual, Third Edition
Written in 2012 by Irv Sandman of Sandman Savrann PLLC and a distinguished team of Washington hospitality law experts, the Washington State Hospitality Law Manual is a comprehensive guide to legal issues facing hoteliers in Washington State. It is available exclusively to WLA members as a free member benefit and covers privacy rights, service animals, accessibility requirements, rights of minors, hotel liquor laws, liability, the Patriot Act, consumer protection laws, employment laws and much more.