Priceline, Marriott Hit with Resort Fees Class Action Lawsuit

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A Hawaii woman is suing both the online travel site Priceline as well as Marriott Hotel Group in a new Hawaii resort fees class action lawsuit, just the latest that have targeted hotels in the 49th state.

In general, hotels have taken the tack of airlines in adding additional costs to the base fare or room registration. However, according to the class action lawsuit, “Unlike the infamous airline checked-baggage fees, in which a consumer is at least paying for a service that she intends to use, Defendants charge resort fees even if a consumer has no wish to use or intention of using the services it purportedly covers.”

It is a practice quite common among the many places of accommodation on the Hawaiian Islands, from a few dollars to the $30 lead plaintiff Kathleen Soule says she was charged when she stayed at the Wailea Beach Marriott in 2011. However, she booked through Priceline, and there the website did not include that fee, but rather the room rate of $110 and taxes and fees of $23.49. In total, however, the cost was $163.49. Further, “until very recently, Defendants misrepresented the price that consumers could expect to pay for their hotel rooms by omitting “resort fees” — mandatory charges supposedly assessed for the use of a hotel’s features — from room quotes,” according to the class action lawsuit.

As a result of the agreements in place between Marriott Hotel Group and Priceline, the plaintiff alleges that Priceline should have been aware of the extra resort fee and published it on the website or Marriott should have informed the technology company of that fact.

There are multiple proposed subclasses including those who used Priceline to book a hotel in Hawaii that is part of the Marriott Hotel Group during the period defined by the statute of limitations, as well as two other subclasses for people who booked using an alternative medium.

The scrutiny over Hawaii resort fees has grown in recent years, not only because of the increased focus on frugality among travelers but because one must pay these fees at the majority of the hotels on the islands.

Soule is represented by John Francis Perkin and Brandee J.K. Faria of Perkin & Faria LLLC, James J. Bickerton of Bickerton Dang LLP and Hassan A. Zavareei and Jeffrey D. Kaliel of Tycko & Zavareei LLP.

The Hawaii Resort Fees Class Action Lawsuit is Kathleen Soule v. The Priceline Group Inc., et al., Case No. 1:14-cv-00462, in the U.S. District Court for the District of Hawai’i.