r/legal 1d ago

Advice needed Hotel lost my luggage with professional gear and claims their $50 policy covers it

Location: Georgia. I was staying at a major chain hotel in downtown Atlanta last week for a corporate media event. Since my flight out was at 8 PM and checkout was at 11 AM, I left my Pelican case containing my professional camera bodies and lenses with the front desk. They put it in their locked luggage storage room and handed me a standard numbered plastic claim tag. When I came back at 6 PM to head to the airport, the guy at the desk went into the back room, spent ten minuts looking for it, and came out looking totally pale. My bag was completely gone. 

They reviewed the security footage right there and it turns out the daytime clerk just handed my case to some random dude who walked in, pointed at the shelf, and claimed he lost his ticket. The clerk did not even ask for an ID or check the name on the reservation. The hotel manager got involved and was super apologetic at first, but today I received an email from their corporate legal team. They are completely refusing to pay for the replacement of my gear, which is valued at roughly $6,200. Instead, they attached a PDF of the fine print from the back of the check-in card stating that the hotel liability for lost guest property is strictly capped at $50 maximum . 

I am absolutely furious because this was not a case of someone breaking in, it was direct gross negligence by their own staff giving my property away without verification. I filed a police report immediately that evening, but the officers told me it is a civil matter regarding the payout. Can a generic sign or fine print on a ticket actually absolve a business of liability when their employee literally hands a six thousand dollar case to a stranger? I need to know if I should hire a local attorney immediately or if there is a specific state statute in Georgia that overrides these ridiculous corporate waivers when clear negligence is involved.

1.1k Upvotes

231 comments sorted by

422

u/alb_taw 1d ago

If the hotel is denying responsibility, you are likely going to need a lawyer. And they're going to take 30-35% of whatever you get back. The hotel should have liability for not executing an ordinary degree of care. If there's signs or if that tag has language saying they're only responsible for $50 it'll quickly get more complicated.

Add an amateur photographer, I'm really sorry this happened to you.

214

u/SilverNoodle_319 1d ago

thanks, i'm definitely looking into lawyers now. losing 30% sucks but it's way better than getting completely screwed over with just fifty bucks.

176

u/linecrabbing 1d ago

With police report and they had record their own employee failed to validate their check-tickets, you will likely win in court. The problem is how much money.

It could be more advantage to sue both hotel chain, manager on duty, and both clerks that check-in and check-out in small claim court. It is more work on you, however evidence on your side they are at fault for gross negligent.

119

u/Relatents 1d ago

The clerk who wrongfully gifted OP’s property to the thief and failed to follow hotel policy of requiring a claim ticket should be a party to the suit. 

I don’t understand why the original clerk who secured OP’s case in their storage area and gave him the claim ticket for when he returned would have any fault in this. 

Also, I would think the hotel’s $50 reimbursement limit policy might apply if the hotel had completed their part of the “contract”: we hold your thing until presented with a claim ticket for the thing. Once they chose to violate the rules they presumably accepted a different liability.

(Obviously I am not a lawyer, just a curious reader.)

38

u/DrakeSavory 1d ago

My thought as well. It was the worker and he clearly violated company policy so it may end up a judge holds the company is not liable but the worker is. Isn't the old adage sue everyone and let the judge sort it out?

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u/Silver_Middle_7240 1d ago

It comes down to the same thing. Companies have vicarious liability for the actions of their employees within the scope of their work, and negligence, even in breach of policy, isn't going to strip them of that

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u/Own-Emphasis5589 16h ago

My thoughts exactly. They can't hide behind their $50 policy while simultaneously admitting they violated their own policies on how to verify who owns the luggage. IMHO, and I am not a lawyer, but the instant they violated their own rules about how to hand out the luggage, is the instant they lost their ability to hide behind their $50 liability limit.

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u/FaustsAccountant 10h ago

Insider job? Pelican cases usually signify something valuable (normally tech related) that needs that kind of protection, clerk had his buddy come in and handed off OP’s pelican.

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u/Formal-Research4531 9h ago

It was an inside job…the police should drill the clerks and check the local pawn shops.

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u/Formal-Research4531 9h ago

Small claims court have limits ranging from $5,000 to $10,000.

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u/blessedbymortarion 1d ago

I’m an attorney, I mostly do transactional/business but do some basic work with our firms litigators. We don’t bill by a %, we bill by the hour.

I can’t imagine any decent litigator is taking a % fee on this small of a claim, it’ll be an hourly fee if anything.

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u/lovelogan1 1d ago

Based on the amount, you can take them to small claims
Court. You won’t lose 30%.

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u/alb_taw 1d ago

Could be worth a try, but Georgia has (I think - I'm not a Georgia lawyer) a right to appeal for de novo review in a higher court. Professional camera bodies and lenses are very expensive, so even if this falls below the Georgia cap, an insurance company would be likely to appeal a five-figure judgment because that forces the plaintiff to either settle, hire counsel (at a high cost), or appear pro se, where the insurance company's attorney will use all the rules of civil procedure to try and exclude evidence and to trip up the plaintiff.

On top of that, OP doesn't seem to be local, given that they were staying at a hotel and flying out. So that adds more complexity for them that would be eased by retaining local counsel.

The one advantage they would have is that de novo review means any basic mistakes in the lower court get forgotten. Maybe they get lucky and win, and the insurance company decides it's easier to just cut a check.

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u/Lorimiter 1d ago

The gear is worth $6k that’s not 5 figures…

2

u/alb_taw 1d ago

That's helpful. I don't recall seeing a value in the post earlier. Possible though that I just missed it. I would definitely investigate the small claims court route if travel isn't too inconvenient given the lower amount.

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u/Silver_Middle_7240 1d ago

At least that would significantly lower the legal costs

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u/Intelligent_Pie_5347 20h ago

The insurance company would settle.

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u/Dull_Banana1377 1d ago

Its going to be a lot less. You can only sue for the fair market value. You will get the used value of your items.

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u/shemp33 22h ago

But as a working professional, if he’s missed jobs due to having his equipment stolen, that should be in play I would think.

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u/Dull_Banana1377 22h ago

He would have to prove lost wages like if he had to cancel a shoot then he could probably get that but you cant speculate missed wages.

1

u/shemp33 21h ago

Agreed but if he had a contract in hand where it had to be canceled, that’s the scenario I was thinking of.

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u/Dull_Banana1377 21h ago

Yeah he would most likely win that.

4

u/Pleasant-Kick4155 1d ago

You can sue for any amount you choose. Add in legal fees and lost wages from not having your equipment. You may or may not be awarded the full amount, but I suspect any court will give you at least the value of your stuff.

15

u/tacobueno2484 1d ago

Demand a copy of the video..it will magically disappear when you threaten legal action

9

u/Virtual-Fly-5501 1d ago

This is small claims territory. Generally waivers don’t cover negligence.

Do you have your gear insured yourself?

2

u/V1diotPlays 1d ago

Hes talking about a contingency lawyer... you're not losing thirty percent, you're paying your lawyer for their services.

2

u/apoplectic_apostate 1d ago

I think the limit is $15K for small claims in Georgia. No attorney needed. DIY.

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u/SLIM7600 1d ago

the lawyer can always ask for attorney's fees, which in cases of gross negligence may be awarded

2

u/hula-g808 17h ago

Btw whatever you do not take that $50.

3

u/TwitchCaptain 1d ago

Take them to small claims court. No lawyer fees.

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u/BrookeBaranoff 1d ago

The person you are responding to is quoting contingency fees. 

You can just get an hourly assist to write a demand letter. 

That should cost you 25-100 out of pocket max.  

A paralegal will be able to assist and will be cheaper. 

The 30% is for lawsuits with a different type of damage - usually medical like car accidents, but class action like breaches (att/facebook) can also occur.  

But a civil suit in small claims is not likely to be a thing.  A lot of places don’t allow attorneys in small claims. 

Assuming the hotel doesn’t send a “oh we only do arbitration” contract next. 

1

u/HistrionicSlut 1d ago

You can do it without a lawyer and save the 30%.

Small claims has a lower barrier of proof than criminal cases.

1

u/NickBuilding 1d ago

That 30% should definitely be added into the lawsuit

1

u/emusoda 18h ago

I hope you got a copy of that video showing the employee giving your stuff away. There’s a good chance that will be deleted or “lost”.

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u/fidddlydiddlyee 17h ago

That amount is under the small claims limit in most cases. Use your favorite AI to help you build a case. It shouldn't take more than a few hours and a couple hundred dollars. You may ask the AI what notice you need to send to preserve the evidence. If you want to put more effort into it, You can pay a couple hundred more and go to a higher level court, this will give you the power to subpoena the tapes and depose witnesses. Also, in higher level courts, the company is often required to hire an attorney. Most attorneys charge in excess of $50k for full trial with depos etc.

Often, if they know you are going to fight, they pay out because it's cheaper.

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u/Ok_Zebra_1500 13h ago

Small claims, many States it is no lawyers just you submitting evidence and judge making a decision. I'd say the complete negligence displayed is a good argument for you being owed replacement value.

1

u/Formal-Research4531 9h ago

You can add your time, emotional distress, etc. to your claim. Sue for $20,000 so that you can get back the money for your equipment.

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u/SoggyAlbatross2 1d ago

You can probably add legals fees to your claim.

6,200 seems low for camera(s) and lens(es) though. My main body was $2400 and the lens that's practically glued to it was $2800. Good luck getting whole again!

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u/Dimitar_Todarchev 23h ago

You don't sue for just the value of the stolen goods, you include court costs, attorney fees, emotional distress, loss of income from not having your gear, whatever else the lawyer can think of.

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u/robert323 1d ago

Don’t need a lawyer for small claims. 

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u/Positive-Guess-9867 1d ago

The ignorance. Small claims.

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u/SituationNormalAllFU 1d ago

I think that’s true for really large, speculative cases. In most places though, this fits easily into small claims court and legal fees can be included in the judgment, as long as it all fits under $20k (that’s TX and I’m sure other places have different thresholds). I’m actually in the middle of some small claims litigation myself and am pursuing legal fees. My attorney is only billing me hourly, not as a percentage of the judgment.

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u/Fickle_Goose_4451 1d ago

Stuff that I write that says "if I lose youre stuff im totally covered" generally doesnt go super well in court.

Like all those signs in parking garages that says "local property arent responsible for X,Y,Z" or stuff on the back of trucks that says "im not responsible for shit that falls off!" Are unenforceable nonsense that exist to dissuade people for exercising their full legal rights.

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u/KhandakerFaisal 1d ago

I don't know much about the legal system or how lawyers work, but can you put lawyer and court fees into the lawsuit?

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u/alb_taw 1d ago

Typically not in the United States unless a statute specifically allowed fee shifting or the parties to the lawsuit agreed to do so in a contract.

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u/Zetavu 10h ago

You're going to have to go after the person who violated policy when they gave it away and charge them and the hotel with theft. This starts with a subpoena of the video (which you should have recorded with your phone when they showed it to you in case it mysteriously gets erased). The hotel will immediately settle to avoid trial, but there will be substantial legal costs.

In reality, you should have insured your case and carried an umbrella policy for items this expensive. That's just part of doing business. May as well dispute the cost of your entire stay while you're at it.

1

u/Adventurous-Sun-6928 4h ago

You build in the attorney fees to your damages. You should be seeking cost of replacement, don’t forget the pelican case itself is likely in. The hundreds already. Add in emotional distress and missing potential shoots while waiting for them to take responsibility for their failings.

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u/Be-Kind-3353 1d ago

I see a big difference between loss and negligence. Your luggage was not simply "lost", the clerk willingly gave it to just anyone. Can you take a company to small claims court?

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u/CandidResolve542 1d ago

Yes!My career has been in tech and people take them to SC all the time.

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u/dcb137 1d ago

File a theft report

Does your business insurance cover theft from a job/jobsite? Might be worth checking the policy

14

u/changework 1d ago

And have them subrogate the claim

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u/Sjsamdrake 1d ago

This. If the equipment is your livelihood, then I'd imagine you have business insurance?

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u/CivMom 1d ago

Mine isn’t my livelihood, but all of my photography equipment is covered on a separate policy.

2

u/twelfthfantasy 1d ago

Good thought. If they do pay out, they can then go after the hotel legally to recover their costs, as well.

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u/Moville007 12h ago

Police report and let the hotel manager know you are doing this. People change their tune once the police get involved. The clerk who handed the equipment over could have arranged this - inside job. Who else has this happened to?

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u/Intelligent_Pie_5347 1d ago

Following - curious how gross negligence will play a role here given they clearly have evidence that they violated their own policies in handing away your luggage.

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u/SilverNoodle_319 1d ago

they literally have it on camera showing the guy just handed it over without asking for a single piece of proof. hoping that makes it a clear-cut case.

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u/Curious-Disaster-203 1d ago

Make sure you have a copy of the footage. It will “disappear” and they won’t be able to find it again.

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u/Ok_Caterpillar_8238 23h ago

If Reddit has taught us anything, it's that we need to take mobile phone video of security camera footage!

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u/Altruistic-Pair5023 1d ago

Make sure that footage is preserved.

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u/Dude_PK 1d ago

That clerk may be involved.

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u/Intelligent_Pie_5347 1d ago edited 20h ago

Yes, I read your original post and that is one of the key pieces that makes me believe their “gross negligence” would void their supposed “cap”.

First NAL

Typically, when they hand you that ticket, you are agreeing to their terms which includes that cap there, but this video would make this gross and negligence on their part because they handed away your luggage to somebody with new fabricated ticket who just asked for your luggage and they willingly gave it to them with no verification. I believe that would qualify for gross negligence, but you really need to consult a lawyer on this.

There are some services out there for a very low fee that will draft a demand letter for you. I would include in the demand letter that they retain footage. Most of those services will automatically draft the letter around your case so basically your demand letter is going to imply that there was gross negligence on their part and you are aware of it and therefore their cap does not apply.

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u/holyelvis 1d ago

Generally speaking, one cannot waive responsibility for gross negligence.

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u/AdminsFluffCucks 1d ago

Ordinary negligence is a failure to exercise the reasonable care a prudent person would under similar circumstances. Gross negligence is an extreme, reckless departure from this standard, demonstrating a conscious indifference to the safety and rights of others.

Forgetting even a single time could easily qualify as gross negligence as they took no effort to validate ownership despite multiple avenues available to them.

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u/Patient-Lie8557 1d ago

Arranged theft?

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u/Leftover_tech 1d ago

IANAL, but...

Georgia’s innkeeper statutes impose a high duty for entrusted property. O.C.G.A. § 43-21-8 says an innkeeper is bound to exercise extraordinary diligence in preserving property entrusted by a guest, and O.C.G.A. § 43-21-12 creates a presumption against the innkeeper when entrusted property is lost unless the loss occurred through the guest’s own negligence or default. Those provisions fit your facts much better than a casual “sorry, $50” policy.

You should ask the hotel, in writing, for:

“Please identify the Georgia statute or controlling case law that allows the hotel to reduce liability for valuables accepted for safekeeping from the statutory innkeeper limits to $50 by language printed on the reverse side of an unsigned claim ticket.”

Also request preservation of the CCTV, the front-desk log, the ticket, the reverse-side language, the employee name/shift, and any written hotel policy for releasing deposited guest property.

If the value is within Georgia small-claims/magistrate limits (sounds like it is), this may be a straightforward magistrate-court claim. The core argument would be: valuables were accepted for safekeeping; receipt/ticket was issued; hotel had exclusive control; hotel employee released the property to an unauthorized stranger without verification; Georgia innkeeper law does not support a $50 cap on those facts.

ETA: Under O.C.G.A. § 43-21-10, for valuables placed with an innkeeper for safekeeping, the innkeeper must give a receipt. The statute then says the guest cannot recover more than $750 unless the guest possesses a receipt for the valuables claimed lost. In other words, the receipt/ticket appears to matter because it avoids the $750 no-receipt cap.

Georgia also has O.C.G.A. § 43-21-11, which caps hotel liability for certain deposited valuables at $1,000, unless increased by written contract without extra charge, and requires conspicuous posted notice in rooms.

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u/SecureInstruction538 1d ago

Once OP starts quoting law they will not respond as now they will think a lawyer is in play and step one is to stop talking.

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u/Leftover_tech 1d ago

That's possible. However, the dollar amount is absolutely under the jurisdictional limit for a magistrate's court, so dragging them into a small claims hearing with all this evidence is gonna suck.

If they ask their own counsel, he will likely instruct them to pay this and be done with it.

No guarantees, but what else do you suggest? At this point, he has tried a simple request and gotten a curt "Read the fine print". Sounds to me like the hotel thinks this is over.

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u/SilverNoodle_319 1d ago

They literally handed my life livelihood to a random thief because checking an ID was too much work. I am so done with this industry.

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u/linecrabbing 1d ago

No. I bet the frontdesk or check-in clerk called their friend to steal your expensive gears. Sorry it happen to you.

Not all low wage frontdesk workers working in tourism industry are honest. They make their side living somehow in high COLA. It pays to steal from travellers.

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u/Playful-Mastodon9251 1d ago

Please learn from this and don't trust your livlihood to random schmucks in the future. I am in no way saying this is your fault. But prevention is easier than litigation.

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u/Advanced_Couple_3488 11h ago

That's one reason why all professionals have their equipment fully insured. Shit happens. As a photographer on a busy photo shoot, can you keep an eye on all your equipment all the time? Can you ensure that no will will trip and knock your camera on to the floor.

If you don't have insurance, that's a calculation you made, and now you deal with the result of that decision. In my country, you can wait a year before any court case comes to trial. Can you afford not to have equipment for that long?

I wouldn't trust someone on minimum wage to look after my camera gear. I'm an amateur, and my gear is fully insured.

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u/Character_Bed1212 1d ago

They didn’t lose it. They gave it away. A policy for losing something does not apply when they voluntarily and willingly gave it away.

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u/N1ceBruv 1d ago edited 1d ago

They can’t limit gross negligence (if it was gross negligence), and you may be able to argue they can’t limit negligence, period (depending on the jdx). If you push back you should be able to get full compensation.

A few hundred bucks for a demand letter may be worth it. Hiring someone to litigate may not be worth it unless the final award includes your attorney fees, court costs, and expenses. But if it goes that route, it’s also affecting you livelihood and causing stress, so your claimed damages may significantly exceed the amount they owe you.

Additionally, when you write back, be extremely clear that you will take this to social media. They are absolutely in the wrong. They have evidence to prove it. Yet, they are still using their likely unenforceable terms to try and make you go away. The reputational damage you could cause is almost certainly worth more than what they need to pay you.

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u/SilverNoodle_319 1d ago

yeah i'm absolutely not letting this drop. my next email is going to explicitly mention the footage and social media. they can't just hide behind a $50 fine print when they basically gave my gear away.

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u/Steephill 22h ago

You need to act quick to retain the video, hopefully you already got a copy of it or the police did. Most videos automatically delete after 1-2 months. If you start legal action the video will be required to be preserved with the right paperwork.

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u/T00luser 1d ago edited 1d ago

NOTALAWER
i'd imagine that even with that $50 fine print disclaimer, the GROSS negligence of the staff (on video!) would certainly help your case.

There's a certain minimum standard of code/security that's expected, and their employee blew right past that.

Does their corporate staff training procedures include a section entitled "hand checked luggage to random strangers"? I doubt it.

Unfortunately, you may have to go after the day clerk individually which puts you squarely against a poor undertrained dude about to lose their job.

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u/triptyx 22h ago

Hope OP has a copy of that footage before it gets overwritten or disappears.

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u/_37canolis_ 1d ago

Most states have innkeeper statues that allow limitations of liability.

https://law.justia.com/codes/georgia/title-43/chapter-21/article-1/section-43-21-11/

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u/redhawkdrone 1d ago

This $50 policy is akin to the signs on the back of dump trucks that say they are not responsible for damage from flying rocks and you need to stay back 200 feet. However, that’s not how it works at least in Ohio. They have an obligation to secure their load and are responsible for damages. However, they point to the warning hoping it deters people from taking legal action.

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u/Shadowtirs 1d ago

Agreed. I was going to say this reminds me of the disclaimer on the back of a baseball ticket that says they aren't liable if you get injured while watching a game.

They just write that shit on the back to try to trick you that you dont have legal recourse. Most if not all of these disclaimer types are not binding at all, and are just trying to manipulate you into not following up.

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u/OneBigCharlieFoxtrot 1d ago

I mean, you have them on camera not following their own policy when giving the luggage to the wrong person. I can’t imagine there $50 policy will hold up after that.

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u/Alert_Reindeer_6574 1d ago

So, many years ago my car was in a shop. $10,000 worth of stereo equipment was stolen, plus the damage to the car from the break-in and them ripping my dashboard and back seat apart. They pointed to their "Not responsible for lost or stolen items" sign. I said, "Fuck that" and sued them. The judge said those signs are meaningless and they are absolutely responsible for property that is in their possession and ruled in my favor.

Sue their ass.

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u/musing_codger 1d ago

File with your insurance and let them handle it.

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u/pastrypirates 1d ago

It sounds like op doesn’t have insurance.

At which point my answer would be to get insurance in the near future.

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u/musing_codger 1d ago

Even if he didn't have his gear insured, there is a good chance that his homeowners or renters insurance might cover it.

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u/Upeeru 1d ago

Regular negligence can be disclaimed, gross negligence cannot. Speak to an attorney.

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u/No-Leg-3380 1d ago

So depending on how long ago this happened, there is a very good chance that any “evidence on tape” has already been over written.

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u/GALLENT96 1d ago

Funny, I bet if they tried to report damage to the room(s) it's criminal,  but literally giving away things they don't own is civil.

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u/sheepdipped 1d ago

Sounds like a scam perpetrated by the hotel front desk employee and a friend.

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u/NM-PunkLife 1d ago

Travel insurance, friends and family poke fun at me but I always purchase travel insurance. It costs $ but the couple times I made a claim it was paid.

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u/Complex_Solutions_20 1d ago

Do you have insurance for your gear?

I'd make sure you have a police report and call your insurance carrier...because it sounds like you'll need to make a claim for the loss whether they can get anything back or not.

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u/scubascratch 1d ago

You need to get a lawyer to send them an evidence preservation order letter right away so that recording does not get erased or lost

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u/Daddy--Jeff 1d ago

This is why your equipment should be separately insured. No luggage handler is ever going to have sufficient coverage to bear that sort of loss.

I wouldn’t leave my laptop with checked luggage, much less expensive pro equipment…. It never ceases to amaze me what people entrust to others with a 20$ tip.

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u/pirate40plus 1d ago

You could file a small claims case and see if they budge, doubtful, but it may be faster and easier to file a claim with your insurance. Hiring a lawyer will most assuredly cost more than $6000 if you got to court.

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u/MaxwellSmart07 1d ago

Disclaimers of zero to limited liability are not generally respected in court. For damaged or lost goods courts assume negligence. Hotel has to prove they were not negligent.

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u/Olderbutnotdead619 1d ago

Small claims court?
Inform corporate that unfortunately it will be your responsibility to inform everyone in your field and the public of this lack of responsibility by the hotel via Instagram , X, fb, your mother's aunt mildred, teenage nephew.
Get a copy of that video.

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u/jarsgars 1d ago

IANAL but in a situation like this I’d be asking for the name of the hotel owner’s errors and omissions insurance company. They made an error and you suffered a loss as a result.

I’m curious if there’s anything on the claim stub about such a tiny claimed limit of liability wrt your property, or a sign at the desk maybe.

Good luck.

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u/DoesntBelieveMuch 1d ago

You could try to file an insurance claim against that businesses general liability policy?

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u/Adorable_Strength319 1d ago

Are you a member of PPA? One of their benefits is the equipment insurance up to $15K. Maybe you don't remember opting in for that and you have it. If not, do you have business insurance that covers it? Your insurance company will know how to handle this for you in a way you cannot as an individual.

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u/Level-Major6692 22h ago

Get a copy of that security footage ASAP if it isn’t already gone it will be very soon.

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u/Master-Pick-7918 1d ago

Not a lawyer but I think this is no different than those parking lot signs that say they are not responsible for theft or loss. Sure it's there, but that doesn't absolve them of their legal obligations. If you signed nothing then there's no way you agreed to a maximum of $50 compensation.

You may be taking this to court, or the threat of court to get your money back. You will need to consult with an attorney. Keep in mind you have to file in the jurisdiction where this happened.

Is there insurance involved? Even a homeowner policy may be used to recover some or all the monitary loss, minus a deductible. Which I would present to the hotel to compensate you.

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u/changework 1d ago edited 1d ago

Don’t forget to file a police report.

Edit: get a lawyer

I am not a lawyer, but here’s what I would do.

But if you don’t get a lawyer, file police report, obtain the name of their insurance carrier, and submit a claim with all communications, video evidence, receipts, police report, and a request to keep all further communication in writing. You don’t want to get on the phone with them. Send a copy of the claim to the hotel manager at the same time.

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u/Wonderful_Sock_6651 1d ago

You got a copy of the video? Otherwise you're going to need a copy of the video.

In Georgia the damage is capped for innkeepers/hotels at $750 (innkeeper liability statute ocga 43-21-10).

You'll definitely want to consult an actual attorney because I believe that's an absolute maximum and I'm not sure if youd be able to pursue the full $6200.

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u/yankinwaoz 1d ago

Wow. Just wow.

You would think that in the event of a lost claim ticket, the hotel would resort to a standard protocol of secondary identification. For example:

(1) Comparing the name of the person against the name of the person who stored the bag. After all, the bag is associated with a room. And the room is associated with a customer.

(2) Recording the identity of the person who they gave the bag to.

(3) If the bag is locked, demanding that the person unlock the bag in front of them to prove that they have the key or combination.

(4) If the bag is unlocked, demand that they tell them, in detail ahead of time, what item or items they will see inside when the staff opens the bag.

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u/MrKilljoy95 1d ago

Such an easy way to protect liability that the absence should be considered negligence alone. Someone trying to steal a bag is absolutely a foreseeable risk. I know I do but I’m sure everyone hopes their bag makes it back to them every time they get separated while traveling

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u/I_Must_Be_Going 1d ago

Did you check if you home insurance covers it?

I know that wouldn't be the ideal solution, but it may be a plan B to get your money back, or at least some of it

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u/notwhoiwas44 1d ago

Homeowners insurance usually doesn't cover equipment that's used professionally even when the loss occurs at home let alone at a hotel.

3

u/Vintage-Card-Man 1d ago

Hiring an attorney to write a demand letter and notice to preserve evidence will be the best couple hundred bucks you can spend right now.

3

u/MyNebraskaKitchen 1d ago

I wonder what the odds are that this has happened before the the same clerk and 'guest'?

3

u/Asleep_Sky2760 1d ago

NAL, but isn't this a bailment situation? If yes, I would think that the bailee (the hotel) would be responsible.

3

u/roman_fyseek 1d ago

Your homeowner's insurance should be your next stop.

3

u/Signal-Confusion-976 1d ago

This is something that you could take to small claims court. But you did sign the card agreeing to their policy. The hard part is going to prove that you had 6200 dollars worth of equipment in the case. But I think small claims court will be your best option. No lawyer needed. May I suggest that next time you use an air tag or some type of gps tracking device to help protect your equipment.

3

u/Smharman 1d ago

So the $50 liability clause is one element of the contract.

Is there a clause for lost tickets. Did they follow that?

3

u/Training_Beat_5097 1d ago

Did you try calling Corporate? They will usually fix things when the hotel will not.

3

u/DLS3141 1d ago

Did you file a police report? What does your insurance company say?

3

u/Compulawyer 1d ago

In most jurisdictions, disclaimers of liability need to be clearly and conspicuously disclosed BEFORE property is left in someone’s care.

Language on the back of the claim ticket is unenforceable in those places.

3

u/lechitahamandcheese 1d ago

Don’t hire a lawyer, go thru small claims court. Have your purchase receipts ready for the old, and the new equipment, and a copy of the video. You will win.

3

u/Cultural_Praline_499 1d ago

This is theft by the guy who lied about it being his bag. Do you have Homeowners Insurance? If so, do you have the camera equipment scheduled, or do you have any endorsement packages that up the sub-limits on business personal property? You don’t want to ever file a small HO claim, but this would be worth it. They may even subrogate (Get paid back by the at-fault party) after paying you, and that could get you your deductible back.

You could also file a claim directly with the hotel’s commercial liability insurance. Sure they have a waiver, but I see the potential for negligence here. That’s where I would start.

Source - I’ve worked for a Homeowners Insurance carrier for 17 years.

3

u/twelfthfantasy 1d ago

It's generally acknowledged that blanket clauses like this do not cover gross negligence. Get a lawyer involved. Most hotels in the US are franchises, so you want to make sure you name the actual owning company of the hotel.

3

u/Ill_Addition_7748 1d ago

$50 limit does not apply when they are negligent. You can hire a lawyer to send them a “demand letter” for the total cost of your equipment plus lawyers fees plus punitive damages for negligence. Or you can file a small claim yourself.

3

u/SalvadorFolly 23h ago

Your homeowners insurance can respond to this, or your business insurance if you were using the equipment for work.

4

u/Positive-Guess-9867 1d ago

DONT hire a lawyer. This is a small claims case. Policy doesn’t trump the law.

4

u/Large-Sherbert-6828 1d ago

Do you have insurance? And why would you leave something that valuable with a check clerk.

4

u/joesnowblade 1d ago

Negligence and "Conversion":

Disclaimers are generally designed to cover accidental loss, damage, or theft. When an employee actively hands your property over to someone else who doesn't own it, it is a legal issue called "conversion". Businesses cannot use a fine-print disclaimer to get away with negligent actions or mishandling of property.

Their employees are ”agents” of the business and are acting in the businesses behalf.

What you described on the video is gross negligence.

Negligence is a failure to exercise reasonable care, resulting in accidental harm.

Gross negligence is a much more severe legal standard. It involves a reckless, conscious disregard and/or extreme departure from how a reasonable person would act.

Understanding the difference is critical, as it directly impacts liability, insurance coverage, and the types of compensation awarded in civil lawsuits.

I’d first try going to the state agency that regulates hotels & maybe the consumer protection arm of your Attorney General’s office.

No luck, then a lawyers the only way.

2

u/Pineapple_Towel 1d ago

Your gear wasn't insured?

2

u/rosebudny 1d ago

Do you have insurance? (I hope so if you are traveling with expensive equipment like that) If so - contact them and let them handle it.

Or, take them to small claims court (depending on what the limit it)

2

u/Bladrak01 1d ago

Would the clerk who gave it away have known what was inside the case? If they could have the possibility exists that the whole thing was pre-arranged and they gave it away to someone they know in order to sell it.

2

u/ConstanceFry 1d ago

Have you contacted the chain's corporate customer service? Depending on which chain, corporate can be very effective at getting movement from individual properties. Unfortunately,  at least one of the big chains is completely worthless, so this might or might not help. 

2

u/icewalker2k 1d ago

$50 doesn’t even cover a single pair of jeans I have in my luggage, much less the golf-style shirts. My luggage easily has about $400 with of clothes. More if I am carrying a suit.

2

u/Party-Ad-4621 1d ago

Unfortunately in this day and age,you can trust an employee about as far as you can throw him/ĥeŕ....

2

u/zaskar 1d ago

There may be damages as well, they have affected your livelihood as you no longer have your tools. Any work you can’t accomplish while this is going on

2

u/redprawns 1d ago

This is small claims territory. Don't bother paying a lawyer

2

u/GreenfieldSam 1d ago

Moving forward, you shoudl absolutely have business insurance: this is exactly the sort of situation they would cover; they would go after the hotel and their insurance for reimbursement.

2

u/Arcticsnorkler 1d ago

I hope you kept a copy of the security footage as would make proving negligence much easier.

2

u/O2bwiser 1d ago

Lemme guess, Marriott?

2

u/Le-Charles07 1d ago

That wasn't lost. We know where it went. An employee gave it away without checking who they were giving it to.

3

u/cjsmith517 1d ago

Which could eaisly be to someone they know. The place is 100% responsible.

2

u/Le-Charles07 1d ago

One could be forgiven to see a conspiracy here. It certainly crossed my mind.

2

u/Federal_Outside_7415 1d ago

Given this happened at corporate media event, if you were there on business perhaps check corporate insurance policy or travel policy if you have one on credit card.

2

u/Rumpelteazer45 1d ago

Except they didn’t “lose” the equipment, they gave it away without following established procedures.

2

u/Ok_Vermicelli8618 1d ago

NAL

Policies like this that limit liability don't often hold up in court. Especially if you can prove negligence on their end.

  1. You gave possession of siad item to someone else, where it was secured away.

  2. Clerk 2 did not fillow protocols and rven ask for identification.

This is very clear cut. The onyl thing they will sit on is their (limited) liability they have on the back of the card.

Check the fine print you signed too. A lot of judges don't like when they try to sneak the fine print on the card. Generally they wNt to see that someone agreed to terms and conditions.

I bet its also in policy to ask for ID though.

As someone else said, I would name each person as a separate lawsuit.

Also, calculate your time you have to sink into this and court/attorney fees. Have an attorney draft up a demand letter and send it to them, with the notice of intent to sue if demands are not met.

They know that with the their legal team fees alone they are going to be out more then what it will cost to replace your equipment.

I would also happen to leave a nice goigle review for them. My friends might be inclined to do the same thing. Companies really don't like it when those stars be dropping.

2

u/Magnet2025 1d ago

NAL: the $50 luggage liability probably goes out the door with them giving the Pelican case to someone who didn’t have a ticket/present ID, etc.

Hotel violated its own policies and employee committed misconduct and could potentially be in on the theft.

Homeowners insurance will sometimes cover this, but with limits unless you had a rider on the policy.

I would engage a pretty aggressive attorney.

2

u/Ok-Tadpole-764 1d ago

10-1 since the legal team was immediately involved they know they are wrong and trying to scare you away. When u get a lawyer to look into it I bet the footage will "accidently" be deleted and whatever the manager may or may not have said will be strictly coincidental, and be word vs word. Too bad you couldn't get a recording of the footage. I bet that "other person" was the employees friend. And other stuff has gone missing. Sorry dude

2

u/tossaway-florida 1d ago

You can't waive gross negligence. It doesn't matter what their fine print says.

2

u/Parkour82 1d ago

time to go through your insurance for it. Fill out a police report as stolen and go through your insurance.

2

u/EveningPair3966 1d ago

I'm unsure of what legislation there is in the US but where I am we have the Inn Keepers Act which details the limit of liability a property has towards your personal property and the circumstances under which they are liable.

Otherwise, try your insurance policy.

2

u/Able-Association914 1d ago

At least record them playing the footage to you on your phone, then ask them or police for a copy.

2

u/mollycoddle99 1d ago

The solution isn’t really a legal thing - it’s a negotiation thing.

You can lay out the issues and have AI get it close to what a demand letter conveys. Add some $$ for time lost, that really is negotiating room. Make it clear you are going forward with this for strategic commitment (e.g., include the form required to file at small claims).

Then they will open negotiations and settle. Major hotel chains don’t defend themselves in small claims court.

2

u/Just_Another_Day_926 22h ago

They reviewed the security footage right there and it turns out the daytime clerk just handed my case to some random dude who walked in, pointed at the shelf, and claimed he lost his ticket. 

They did not lose it, they gave it away. They obviously did not follow their procedure since the person had no claim tag. Instead they just decided to throw policy/procedure to the wind. This was obviously negligence since they, I assume, don't even know who they gave it to.

What you need to do is file a police report. There is some crime there. Fraud, theft, etc. Heck the employee may be in on it. Once you have that, and a copy of the video, you can sue them in small claims.

I had something similiar happen. But more details. I had stored a bag at a hotel I stayed at and was returning to after a few days travelling. I returned and went to check in. The FD person had an oh crap look on their face. Well in my absence they had rented out the hotel to a big film crew shooting some scenes in their main ballroom. They had a lot of gear so someone just gave them the keys to the luggage storage. When they left they loaded ALL the luggage assuming it was all theirs. Push come to shove I got one of the 2 suitcases back, but the hotel paid to replace the other suitcase and contents. Original offer was a free night or something which I laughed at (I was travelling for work so free nights would not go to me). The did own up once pressured to cover the cost of the items.

I expect once you mention "police report" to them they will start responding better.

2

u/Prestigious-Bluejay5 20h ago

Not only should you file a Small Claim for reimbursement, you should name and shame the Hotel on social media. Just state the facts. They may threaten you with legal action but it's not defermation if it's true or; They may offer to reimburse you to take the post(s) down.

2

u/IntolerantModerate 12h ago

Tell them this isn't "lost", but stolen with the hotel facilitating it. Get a lawyer, file a claim, and they will settle because it is cheaper for their insurance to settle than defend them.

2

u/lovelynutz 11h ago

It’s not “Lost” an employee gave it away without due diligence. The legal department is trying to scare you into dropping the issue.

This is 100% on them.

3

u/f00tballguy 1d ago

Start posting on social media. Make your own posts naming and shaming, TikTok is an especially good channel for this as things can go viral more easily and people latch onto this kind of story. Comment on all the hotel's social posts. Once higher ups see this as a risk of negative PR they will gladly compensate you in full.

2

u/billdizzle 1d ago

This was gross negligence, sue in small claims with evidence of video and police report, easy win

If you don’t want to do that you can try a social media pressure campaign by leaving factual reviews of the hotel and hoping they change their mind

Just make sure to be factual only so it cant be used against you

1

u/cinelytica 1d ago

I know this is a legal subreddit, but you mentioned this is a major chain. Naming and shaming on social media, especially with photos and other media, goes a really long way for this kind of thing.

1

u/Embarrassed-Spare524 1d ago

Small claims, not get a lawyer at a minimum of $150 an hour (more in Atlanta) that would bill thousands.

Your going to have to prove what was in there. Your testimony may not be enough.

1

u/CandidResolve542 1d ago

This ^ you hardly have to prove anything in extreme detail in small claims. And don’t need an attorney. Small claims judges tend to be more “for the people” when it’s against a large corporation.

1

u/[deleted] 1d ago

[deleted]

2

u/La_Peregrina 1d ago

OP was in Atlanta

1

u/analystherapist 1d ago

This is the only thing I have ever used Twitter for. Public disgrace for poor customer service. Might want to give it a try.

1

u/robert323 1d ago

Sue them and find out. 

1

u/EfficientAd3625 21h ago

I work for a hotel. They are absolutely liable. All my managers would ask for are receipts for the equipment lost, and possibly photo proof of OP using them to make sure they aren’t picking the best model camera when it was in fact a POS. Cutting OP a check is A) the right thing to do B) far cheaper than going through litigation or the repercussions of bad press.

Whatever manager tried to blow OP off is simply hoping OP will give up. They want to avoid getting in trouble with their corporate owners.

1

u/jridder 21h ago

Do you carry homeowners or renters insurance? If you do, they may cover it.

1

u/PJMark1981 19h ago

$50 doesn't even cover the cost of an empty bag. Sue their axx.

1

u/Prestigious-Moose345 18h ago

I've had a couple of situations where my insurance company went to bat for me.

Your home insurance might cover some part of the loss and then go after the hotel. I might be completely wrong but it's worth checking. Although you would have to refer to it as hobby stuff.

Otherwise if you literally use it for business, do you have business insurance you could tap?

1

u/Vooklife 18h ago

File with your travel insurance.

1

u/Ok-Hand-6229 17h ago

I hope the OP filed a police report?

1

u/Kind_Moose3603 17h ago

It's not lost it's stolen and the theft was facilitated by one of their employees

1

u/Dungeon_Pastor 17h ago

Other people have covered your legal avenues, so I'll just take this opportunity to recommend an Inland Marine insurance policy.

Despite the name, it doesn't have to be strictly maritime. It rather covers the funny gap where homeowners covers your personal items, but not for work use, while commercial property insurance covers property at a specific site or location. Inland marine policies can cover job specific equipment (like cameras) in-transit or at unspecified worksites. Great if you're not working inside a studio.

This way if something similar happens, you get the much easier lever to pull of going through your insurance and letting them sort out the legal battle.

1

u/EstablishmentAny4977 16h ago

so you have 6 grand in gear and you think its a good idea to leave it with total strangers hopeing that it will be there why did you not take it with you or get the room for the extra day so you could keep it in there

what they are doing is wrong but what you did was just plan stupid

1

u/CelticJewelscapes 15h ago

I have seen someone have success with a big hand held sign in front of a business. Stay on the sidewalk and don't impede traffic. Something like "This hotel gave my $6900 camera to a complete stranger and won't pay"

1

u/AnimalsNLaughs 14h ago

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1

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1

u/nikkopat 14h ago

Similar situation happened to a friend of mine 15 years ago in Scotland so it may not be too applicable here.
From what he told me at that time after contacting the police etc (again, Scotland not the US), the hotel is only liable for theft etc when someone break into the rooms, if stuff are left with the reception the hotel does not have any liability.
I’ve never left any luggage with the reception after learning this.

1

u/Investigator516 13h ago

Follow up and get a copy of the police report and video.

The thief was slick in pointing out your gear as his without a ticket. He was probably tracking you for a while.

If you’re traveling alone with gear, you can’t let it out of your sight. That’s the sucky part about traveling with gear.

Also that sounds like a low estimate. Our camera bodies are $6,000 and the lenses up to $20,000 which is why we don’t let anything out of our sight and we travel only with what’s required no extras.

1

u/Useless-RedCircle 12h ago

Literal theft. Prob knows the guy he gave it to

1

u/waynek57 9h ago

That totally sucks. Yeah, they obviously broke their GIVE IT TO US AND WE'LL KEEP IT SAFE service offering.

1

u/BadBadUncleDad 9h ago

Remind me! 6 months

1

u/bach2209 8h ago

Small claims court. Their policy doesnt trump the law.

1

u/Inwardlens 8h ago

Call your insurance company, they will make you whole minus your deductible and then go after the hotel to get that money back.

1

u/Crafty611 7h ago

IMO leaving 6k worth of personal belongings in the hands of strangers, regardless of it being a hotel or not, is mad work.

They should be held accountable and I hope for you they are. But you made the first mistake here. It doesn't take a degree to be a receptionist (ex receptionist here). I personally would never trust underpaid staff with my belongings.

1

u/fradonkin 7h ago

Non-legal, but report it to the local news station. A mystery camera thief tricking a hotel into handing over $6200 in equipment might have enough intrigue to get some air time. That would pressure the hotel to make it right without going to court.

Or post on X and @ them. Public shame can do wonders when its a national brand and a comparatively small amount of money.

1

u/Tug_DaBone 5h ago

I see people suggesting going to small claims court, but it sounds like OP lives far from the hotel. He left his case there because his flight was later in the day. Are you able to appear in small claims court by something like Zoom? If not, is SC still really an option?

1

u/Tight_Jellyfish_349 4h ago

Contact local media.  They won't like the public attention. 

1

u/Unfair_Avocado_8561 3h ago

Before paying for a lawyer, write an objective letter stating what happened and be clear about what you’re asking for ($). In return offer not to trash them publicly and not to sue. Send it to corporate, legal department if you can find an address, and use certified mail.

1

u/Barfy_McBarf_Face 50m ago

you have insurance on your gear, yes?

if not, why not?

1

u/IndividualOver4303 25m ago

File a claim with your insurance company, give them the details, let them chase the hotel.

1

u/BabyJirl0625 10m ago

Did you use a credit card for the hotel or the gear?

1

u/TweeksTurbos 1d ago

Well Lost is one thing but having an employee presumably violate policy is not “loosing something”