QUESTION

Can I sue hotel and booking platform?

Asked on Jan 20th, 2017 on Litigation - California
More details to this question:
We booked a hotel in Thailand using booking.com. At the hotel, our money was stolen due to which there was an argument with the owner. Upon our return, we left reviews about the property on trip advisor. The property owner in vengeance posted our passport scanned copies on the hotel website that he had collected at the time of check in. This is gross violation of our personal information. Booking.com is washing their hands off the issue and have not yet delisted the property on their site. What legal action can be taken against booking.com and the property? Any lawyer interested to put up the lawsuit in lieu of taking a share of the settlement.
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1 ANSWER

Real Estate Attorney serving Oakland, CA at Sack Rosendin LLP
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1. you cannot sue the online booking website. It did not steal your money or post your passport. Federal law protects referal websites like booking.com against such websites. 2. You cannot sue the Thailand hotel or its owners, unless they have substantial contacts with the United States. Listing the hotel on booking.com is not enough. Doing business with Americans who come to stay in the hotel in Thailand is not enough. Does the hotel or its owner have any other contacts here 3. Are you claiming that it is the hotel's fault that your money was stolen? Proving that a property owner is liable for a crime committed by an unknown third-party, is very difficult. Under California law, a hotel does not guaranty the safety of your property. I don't know about Thai law.  4. You should get a new passport, change the passwords on all your financial accounts, such as bank accounts, credit cards and investment accounts, and maybe even replace your credit cards, and maybe even your bank accounts and investment accounts. Bad guys on the internet have your name, address, birth day and place of birth. 5. If bad guys were to use the personal information posted by the hotel to steal money from your accounts, you might be able to collect from the Thai hotel for that, but not for sure. It is a new legal idea. However, you would still have to prove that the Thai hotel or its owner had enough connections with the US that a court would hear the case. See item 2. above. If you appreciate this free advice, please remember to refer me to any friends or acquaintances who need a lawyer. Referrals are still our best source of new business. Dana Sack
Answered on Feb 12th, 2017 at 12:13 PM

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