Security Deposit Cancellation of reservation at motel

[Varinia]

I'm about to move to L.A. and when trying to book at a motel/B&B type place, I found that they didn't have 1 space for 4/20-4/30, but they did have 1 space for 4/20-23 and another for 4/24-30. I then made 2 different bookings via paypal on 4/5. There was a $ 100 deposit and $ 100 dog deposit = $ 200 deposit. I paid that with the longer term, but deducted it for the shorter term, thinking that it doesn't make sense to pay 2 deposits, since I'm using the rooms concurrently and not simultaneously. I wrote an email through their website after each of the bookings. She sent me 1 email back, confirming the booking, but not mentioning dates.

Today, 4/13 I went to her website and noticed on her calendar, that the unit that I paid for for 4/20-23 was still available. So, I asked about it and she said that she had no booking for that unit from me. I gave her the paypal details and she said that she's too busy to look at what money comes in and to compare to bookings.

Well, it was still available, so I wanted her to reserve it, since she already had the money, but she insisted that I needed to pay another $ 210 ($ 200 deposit and $ 10 transaction fee), which I felt really unreasonable, because she clearly already had deposit and full rent for the following 7 days when I vacate the 1st unit. And I also paid 2 cleaning fees at $ 40 each unit. She insisted. At which point in time I asked her to cancel both of my reservations, since I didn't want to have to find some other place to live for 4 days and then have to move over here. She then responded that she cancelled my reservations as per my request, but that gives no refunds as per her website.

While her website does state that there are no refunds, there were clearly mistakes made by her: I paid and she just accepted the money. Her website supposedly sent her 1 email, but not the 2nd one 5 min. later. Clearly this booking was supposed to be together, so having just 1 booking doesn't do me any good.

The calendar for both units are free again for the dates that I have paid for.

All together, she's keeping $ 257 for the 4 days booking (even though she never booked it) and $ 813 for the 7 days booking (including $ 200 deposit, which she would have had to give back to me, even if I had used the days) and it also included $ 80 cleaning fees for both units, which obviously won't be needed. she's keeping $ 1070.00 and she's rerenting the units.

What's my recourse? Small claims court? And how much can I file for: $ 257 + $ 200 + 80 = $ 537? Or do I have a right to file for everything, because she obviously screwed up herself. And right now she's willfully non-complying to at least giving me part of the money back.

 

[Varinia]

Well, I now read that there's no such thing as a 'non-refundable deposit' in California, so she can't legally hold me to a contract that has an illegal provision. I am going to small claims court and get the money back!

 

[Proserpina]

Not as easy as that, Varinia.

The non-refundable deposit becomes a legal issue when it is punitive in nature.

Obviously, yours was not punitive, but compensatory - and that makes it legal.

You can try, of course, but you're likely going to find that she is within her rights unless the refund policy was not made available.

 

[Varinia]

Not as easy as that, Varinia.

The non-refundable deposit becomes a legal issue when it is punitive in nature.

Obviously, yours was not punitive, but compensatory - and that makes it legal.

You can try, of course, but you're likely going to find that she is within her rights unless the refund policy was not made available.

Thank you for your response. She has sent back the money for the shorther rental (the she never actually booked), but is still holding 813.00 for the longer time. That amount includes $ 200 security deposit, which I would have gotten back, if I had taken advantage of the booking, as well as $ 40 cleaning fee.

While I understand that the actual cost of the room may be under debate, how can she legally keep the deposit, which she would have had to give back to me, if I had used the room?

This all came about because she just accepted my money for 1 booking and claims she didn't get my email and is too busy to keep on top of her accounting. It's not that I'm just a fickle guest, who's changing her mind. I'm moving to L.A. and have to set up my office in my accommodation. it's one thing to move from one room to another after 4 days, but it's another to have to rent something somewhere else for 4 days and then go to this place for 11 days. I'm not on vacation.

 

[army judge]

Thank you for your response. She has sent back the money for the shorther rental (the she never actually booked), but is still holding 813.00 for the longer time. That amount includes $ 200 security deposit, which I would have gotten back, if I had taken advantage of the booking, as well as $ 40 cleaning fee.

While I understand that the actual cost of the room may be under debate, how can she legally keep the deposit, which she would have had to give back to me, if I had used the room?

This all came about because she just accepted my money for 1 booking and claims she didn't get my email and is too busy to keep on top of her accounting. It's not that I'm just a fickle guest, who's changing her mind. I'm moving to L.A. and have to set up my office in my accommodation. it's one thing to move from one room to another after 4 days, but it's another to have to rent something somewhere else for 4 days and then go to this place for 11 days. I'm not on vacation.

Well, good luck as you pursue your money.
The sooner you seek redress, the sonnet you MIGHT be successful.
You've got decisions to make, things to do, but your solution won't be meted out on our little forum.
If you want to sue, gather those forms, complete them, and begin your lawsuit.
Or, contact your credit card company, and ask them if they can intercede and reverse the charges.
Frankly, that's an easier approach, as well as one that'll get you an answer YES or NO sooner, rather than later.
Good luck.