Complaints

• Initial Complaint

  30/03/2022

  Complaint Type:

  Customer Service Issues

  Status:

  Answered

  More info

  I rented a room at the Duckworth for three months. I paid a security deposit of 600.00 and March rent of 800.00. Two nights ago, on March 23rd I was asleep in my room # 302 when I was awakened by my landlord. When I opened the door Two owners, a man and a woman named ******, stood there and treated me like a criminal, evicting me immediately because earlier I had violated their no smoking policy by smoking a cannabis joint for severe back pain earlier that evening. I admitted I had done so and understood that meant I would be fined 500.00 according to the rental contract. I apologized and tried to explain but they treated me like some angry violent drug addict who was threatening their property or them. It was completely unnecessary. I would have left the next morning and paid the penalty. But they said they would call the police if I didn't pack up immediately at ten at night! I asked for a little mercy as I am just a 60 year old woman who had back pain and tried to deal with that. Cannabis is a legal product. She treated me like a criminal. I have never been treated so horribly by a business owner. She acted as if she was a feudal landlord, kicking an old woman out who was sound asleep. Anyway, I left and I want to complain because although she had the right to penalize me for violating her businesses rules, she does not have the right to threaten police involvement and evict people at night unnecessarily. Apparently, the male owner who was there, they deal with this all the time. So I am curious how many people she has kicked out and ripped off because they either smoked a cigarette or a cannabis cigarette. I have travelled far and wide and never encountered such a nasty experience with a landlord, over the smell of cannabis, a legal product in Canada. I have asked her to return my 100.00 from the security deposit. I gave her 600.00 and 500.00 is the penalty for violating her contract. I assume I have no right to get my last weeks rent back?

  Business response

  30/03/2022

  Good afternoon,

  Ms. ******* was given a written Terms & Condition upon booking which every guest receives which states that there is NO SMOKING anywhere in the building INCLUDING the ROOMS and that there would be a $500 charge and the guest would be told to leave immediately.
  

  Newfoundland & Labrador has legislated a strict NO SMOKING policy for public accessed buildings, buildings that hold food licenses and liquor licenses. It states in the act that owners are responsible to uphold this legislation. We are a small building with a small restaurant. We state it in our confirmation that there is no smoking and we have signs posted in the building including ALL rooms and bathrooms. We had other guests and employees complain about the marijuana smoke which meant we then had to compensate them due to their rights for a smoke-free environment being broken which we failed to provide because of Ms. ********* decision to ignore legislation and our very clearly stated rules for NO SMOKING . In addition to that, we have had to strip out the room and paint and replace linens to remove the smell from Ms. ********* stay.

  Ms. ******* was refunded $100 on March 26, 2022. 
  

  Below I have copied and pasted our Terms and Conditions that Ms. ******* received:

  Terms and Conditions
  
  
  PLEASE READ FOR YOUR STAY.
  DUE TO THE OUTBREAK OF COVID-19, we have changed the way we do a few things at the Duckworth Inn.
  The Duckworth Inn is an exclusive property where every guest reservation is both important and special to us.
  We usually offer 24 hour service during our peak season May 15-Oct 15 to meet our guests needs, however during this time, due to COVID-19, service is limited.
  FACE MASKS ARE NOW MANDATORY ONSITE.
  - must be worn to enter and exit the building
  - can be removed once you enter you room
  - must be worn in hallways and common areas
  All staff will be required to wear face masks as well!!
  *Please note, these are the mandatory guidelines set by the Chief Medical Officer that we have, as with all businesses on August 24, have no option but to follow.
  If you require assistance or have any questions during your stay you can always reach us by dialing 0 on your room phone or calling 765-1802. We ask that during your stay, there is to be no physical contact between staff and guests to help keep everyone safe!
  There will be NO daily housekeeping services provided during your stay. Housekeeping services must be requested via text/phone call. We request that if an emergency arises, that you contact us by phone 765-1802.
  We also have an onsite restaurant and bar, Magnum & Steins.
  Please read through the below policies so your stay can be more enjoyable and understand what we offer.
  Full payment is applied and required on date of check in. It will be charged to the card on file.
  There is a Pre-Authorization of $200 required to hold the reservation. It will be released 7-10 days after you check out, pending no damages.
  ALL deposits/payment will be processed no contact at this time of COVID-19. Reservation deposits/payments will appear on your credit card bill as "Ma**** *** *****s" our co-owned Restaurant within the same building or BDG Enterprises. If your travel plans change and you must cancel your reservation, our cancellation policy is as follows:
  - all cancellations must be done by email ONLY
  - 24 hour cancellation October 16-May 15
  - 96 hours cancellation May 15-October 15
  - if booked through booking.com or ******* you cannot cancel through us. Your reservation has to be cancelled through booking.com or Expedia.
  In the unlikely event you must cancel within less than our cancellation notice, shorten your stay or check out early, please understand that we must ask you to take responsibility for your entire reservation.
  ALL CANCELLATIONS MUST BE MADE BY EMAIL ONLY.
  Rates/policies are subject to change and vary during high impact periods and special requests. A 30 day cancellation notice is required on whole house bookings and for some holidays and special events. Rates do not include tax.
  NO VIOLENCE OR VIOLENT BEHAVIOR WILL BE TOLERATED. You will forfeit the $200 pre-Authorization as well as any payments already made towards the booking. NO EXCEPTIONS. We will not tolerate this type of behavior at the hotel.
  Check-in: 3:30 PM
  Check-out: 11:00 AM.
  Please Note: There is a Late Check out Fee of $25/hr if you fail to check out at 11am. No Exceptions.
  Absolutely NO SMOKING inside building or the ROOMS. There is a fee of $500 for smoking in the room. You will be asked to leave if you do smoke on premises.
  We are NOT a scent free environment due to onsite restaurant and bar, therefore, we can not monitor customer usage of perfumes and other scents.
  There is no elevator or lift. There are two flights of stairs to the hotel rooms. This is stated online in each room description.
  No Pets. There is a fee of $250 for having pets in the room.
  Any damages to room or property will be charged to the credit card on file.
  Loss of room key will result in a $25 charge.
  Late night phone calls looking for the code will result in a $25 charge.
  During the summer, air conditioning window units are installed. Please understand that the window units once installed will mean that windows cannot be opened or closed. As we are located right downtown we have no control over downtown noise of traffic, bars, restaurants, etc. and this should be kept in mind when booking.
  About two weeks before your reservation we will send you an e-mail with a four digit code in it. That code is for our front door. Please take note of this code as you will need it to enter the building.
  If an emergency arises during your stay please press "0" on your room telephone or press the intercom button located outside the hotel main door.
  It is our guarantee to offer you the best service possible. We cannot guarantee a specific room but will make every effort to accommodate all requests.
  Street Parking is on street metered parking Monday - Friday, 8am - 6pm. LOOK for Signage.
  Street Parking is free evenings after 6pm and Friday evening at 6:00pm until 8:00am Monday morning.
  There is a park and pay garage across the street from hotel.
  PARKING GARAGE ACROSS STREET RATES:
  MONDAY – FRIDAY
  DAYTIME
  $2.00 – per half hour (6 am-6 pm)
  $12.00 – daily max (6 am-6 pm)
  EVENING
  $1.00 – per half hour (6 pm-6 am)
  $5.00 – evening max (6 pm-6 am)
  SATURDAY – SUNDAY
  DAYTIME
  $1.00 – per half hour (6 am-6 pm)
  $5.00 – maximum (6 am-6 pm)
  EVENING
  $1.00 – per half hour (6 pm-6 am)
  $5.00 – evening max (6 pm-6 am)
  ————————————
  SPECIAL EVENT RATE – $5.00
  (signs will be posted on event date)
  Note: All prices include provincial and federal taxes – HST
  All guests are responsible for own parking fees and tickets.
  There is no breakfast offered, however there are mini fridges and coffee makers with coffee/tea supplies in each room.
  We are a downtown Hotel; therefore please expect normal downtown City noises, EXAMPLE: Music, people walking and talking, smoking, street/building construction, traffic, local pubs, noise from other businesses etc.
  
  For excellent Tourism Information, please call 1-800-563-6353 or visit www.destinationstjohns.com
  GIFT CERTIFICATE POLICIES
  Gift certificates must be presented at check-in along with a valid driver's license. Gift certificates are transferable. Any remaining amount on gift certificates can be used at a later day up to the expiration date. Gift certificates cannot be redeemed for cash.
  Payment Policy:
  
  Full payment is applied and required on date of check in. It will be charged to the card on file.
  There is a Pre-Authorization of $200 required to hold the reservation. It will be released 7 - 10 days after your check out, pending no damages.
  Reservation deposits/payments will appear on your credit card bill as "Ma**** *** *****s" our co-owned Restaurant within the same building or BDG Enterprises. ALL deposits/payment will be processed no contact at this time of COVID-19. Any balance will be charged to card on file after first night's stay.
  Cancellation Policy:
  
  If your travel plans change and you must cancel your reservation, our cancellation policy is as follows:
  - all cancellations must be done by email ONLY
  - 24 hour cancellation October 16-May 15
  - 96 hours cancellation May 15-October 15
  - if booked through booking.com, ******* or *******, you cannot cancel through us. Your reservation has to be cancelled through booking.com, ******* or Airbnb.
  In the unlikely event you must cancel within less than our cancellation notice, shorten your stay or check out early, please understand that we must ask you to take responsibility for your entire reservation.
  ALL CANCELLATIONS MUST BE MADE BY EMAIL ONLY.
  Rates/policies are subject to change and vary during high impact periods and special requests. A 30 day cancellation notice is required on whole house bookings and for some holidays and special events. Rates do not include tax.
  Check-in: 3:30 PM
  Check-out: 11:00 AM.
  Please Note: There is a Late Check out Fee of $25/hr if you fail to check out at 11am. No Exceptions.

  Thank you

  The Duckworth

  Customer response

  30/03/2022

   I am rejecting this response because:
  
  The law in NL permits smoking in hotel rooms.

  The legislation they quote talks about public spaces in a hotel. A private hotel room is not a public space.

  They have no proof I was the person responsible for the smell of marijuana. 

  They could not possibly have had to renovate as they claim because I admitted to smoking only one cannabis cigarette-legal in Canada.

  Any other smell was not from me. They are lying.

  The law allows businesses to charge people a fine of up to 500.00 for smoking in a non smoking room.

  That is the maximum they can charge. Most hotels charge 250.00. But the Duckworth is out to make money from people violating their policy.

  They said it happens weekly they evict someone for smoking. The law says absolutely nothing about evicting people due to smoking in a nonsmoking building.

  The Duckworth has made that rule up themselves, but the contract did not say "evict or Immediately". It only said you would be asked to leave the premises but is vague on a timeframe.

  It is a complete overreach to evict people for smoking a cigarette or a cannabis preroll. Generally businesses accept the fine being paid.

  I highly doubt they can prove they have to pay other customers who left because of a smell of smoke. I certainly didn't smoke beyond that one time in the afternoon on the day of the eviction.

  I was fast asleep at 5 pm and was awoken at 930 by the landlords claiming I was smoking and I definitely was not. 

  So The business ended the contract and legally my understanding is they must refund the 220.00 for nights not spent there but paid for including the night of the eviction.

   

   

   

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