Forcing the Hospitality Industry to Protect Women, Not Endanger Them
This document is designed to be sent to a hotel's General Manager and Corporate Legal Counsel immediately following a refusal of service. It reframes a "denied check-in" from a simple refund request into a formal Notice of Damages for human rights obstruction.
FORMAL DEMAND FOR REFUND, DAMAGES, & ADMISSION OF NEGLIGENCE: ELSPA
TO: General Manager, [Hotel Name/Branch]
CC: [Parent Corporate Brand] Legal Department
DATE: [Current Date]
RE: Unlawful Denial of Pre-Paid Emergency Shelter / Reservation #[Number]
I. STATEMENT OF FACT
On [Date] at [Time], your establishment refused entry to [Guest Name], despite a fully executed third-party payment and a confirmed reservation.
The denial was based on [Check one or more]:
- [ ] Requirement of a secondary credit card from a guest in crisis.
- [ ] Requirement of a physical ID from a survivor whose documents were stolen/withheld by an abuser.
- [ ] Adherence to "Corporate Policy" over immediate physical safety.
II. BREACH OF CONTRACT & DUTY OF CARE
By accepting payment and issuing a confirmation number, a binding contract for lodging was formed. By subsequently denying entry based on administrative technicalities, your hotel:
- Breached its Contractual Obligation: You retained funds while denying the service.
- Violated its Duty of Care: You were informed that the guest was in physical danger. By turning them away, you actively increased their vulnerability to [Abduction / Battery / Trafficking].
- Engaged in Discriminatory Practices: You enforced policies that specifically target and exclude victims of crime who lack financial autonomy.
III. DEMAND FOR IMMEDIATE REMEDY
Under the principles of ELSPA, we hereby demand the following within 48 hours:
- Full Refund: A 100% reversal of all charges associated with the denied stay.
- Incident Report: A written explanation of why the "Logistical Cage" (secondary card/ID) was prioritized over the safety of a human being.
- Preservation of Evidence: You are hereby notified to preserve all lobby surveillance footage and internal communications regarding this denial, as they will be required for potential litigation regarding negligent endangerment.
IV. FINAL NOTICE OF LIABILITY
Be advised that "following policy" is not a legal defense for complicity in harm. If the guest suffered physical or psychological trauma as a result of being turned back onto the street by your staff, this hotel will be held strictly liable for all resulting damages.
Authorized by: __________________________ (Advocate/Legal Rep)
Organization: __________________________
Strategy for Delivery
- Email & Certified Mail: Send the email immediately to the General Manager, then follow up with a physical copy via Certified Mail (Return Receipt Requested). This creates a legal "clock" that corporate cannot ignore.
- The "Social Liability" Tag: Mentioning that you are documenting this for an "Emergency Incident Report" signals that this isn't just a disgruntled customer—it's a high-risk legal liability.
- The Power of the CC: Copying the corporate legal department (e.g., Marriott, Hilton, Choice Hotels) usually triggers an internal investigation that forces the local manager to explain why they risked a lawsuit over a $50 incidental hold.
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