Hotels frequently offer to store luggage when a guest arrives too early to check in, or when they aren’t leaving town until after check-out time. Some bigger hotels even charge for this. I’d never trust belongings that matter to a hotel’s luggage storage room, and you shouldn’t either.
The Marriott Marquis San Francisco shows us why. Not only did they give a guest’s belongings to someone else, and not only did they refuse to offer any compensation, but when a guest sued and won in court they appealed – and they won. The most important takeaway is that even when the hotel was expressly at fault, without any doubt, for giving away the guest’s luggage the law was on the hotel’s side.
- In June 2021 a guest tried to check in at the San Francisco Marriott Marquis but their room wasn’t ready. They left their bags with the hotel. The bags weren’t there when he returned.
- He lost a “Briggs & Riley rollaway bag, a Tumi leather backpack, an iPad Pro, a MacBook Pro, a 4TB hard drive with his social security number and seven years of tax documents”
- The hotel gave the luggage to someone else – a luggage thief, caught on camera.
[H]otel surveillance footage shows later that afternoon a man walked into the Marriott claiming he checked his bag but lost his claim check.
“Remarkably the Marriott let the guy walk into the back room, he pointed at my bags and said those are mine… the guy said, is there any way you can prove it? Do you have tickets? Do you have ID? And the guy said I have none of that, but just mentioned there’s a computer in that bag.”
- Marriott wouldn’t provide compensation “unless he provided receipts for every item.”
- The guest claims there was nearly $9000 worth of belongings stolen. He sued in small claims court where the maximum is $5000, and he won.
Marriott appealed the judgment. California’s 1872 Inn Keeper’s statute limit’s a hotel’s liability for a guest’s belongings to $250 per item, and $1000 in the aggregate. Marriott claimed there were ‘two items’ stolen, so they should owe just $500. The law doesn’t increase liability with inflation (since 1872!) and hasn’t been amended since 1980.
Here’s the judge in the case (.pdf) appalled by Marriott.
The facts are undisputed. ..[The guest] checked his baggage, received a claim check and departed. …without seeking any identification, a Marriott employee invited [a luggage thief] intot he baggage room and allowed him to select the baggage he claimed to have checked….Marriott gave the man all Sabouni’s possessions…
Notwithstanding Marriott’s acknowledgment of its fault, rather than compensating its guest for a loss solely attributable to Marriott’s conduct, Marriott…contends its exposure should be limited to $500…This is one fo the rare instances where the law does not allow the court to achieve the equitable result…
The law in California limits a guest to recover $250 ‘per item’ and the judge found there were four ‘items’, awarding $1000 plus interest and court costs, total $1553.
The Hyatt Regency Dallas once took my clothes and personal items out of my room and turned it for the next guest, even though I had late checkout. Fortunately they still had everything, though I was awkwardly handed a plastic bag with the prior day’s underwear and my toothbrush. Anything of value I was actually carrying with me. And they gave me points to cover two nights’ stay at the property without being asked.
While many Marriotts are franchises, this property (owned by Host Hotels) is Marriott-managed. In any case, as a brand Marriott should take the position that guests and their belongings are safe at their hotels and it isn’t appropriate for a hotel to dispute liability when giving away a guest’s belongings and the hotel’s own video demonstrates they did it.
I wouldn’t trust the Marriott Marquis San Francisco with my belongings, but I also wouldn’t trust them in my guestroom either. Hotels give out wrong room keys all the time. Housekeeping is in and out of rooms. This hotel refuses to stand behind their own fault when their own staff are responsible for a guest’s luggage being stolen. And without the risk of liability comes carelessness. Marriott International claims there shouldn’t be liability. That’s troubling.
I have never trusted leaving bags with the front desk. There’s SO MANY stories of things stolen out of bags that were placed in storage rooms. I’ve only done it twice. The first time I cable locked all my bags together and put my name on them. The second time it was just one bag and I was gone probably an hour. Both times all my valuable things were with me.
Imagine being so foolish as a multibillion dollar company to chase down $5,000 vs weighing the immeasurable harm of negative PR with a story like this making the rounds. Enjoy your win in court, Marriott.
Just another day at Marriott. Either they rob you directly or let others do it. Destination fees to soon include ID protection and luggage insurance upsell for $19.99 per minute.
Bad behavipur by hotels (and airlines) in USA. Why would anyone be surprised?
“I’d never trust belongings that matter to a hotel’s luggage storage room, and you shouldn’t either.”
So what’s your alternative? You arrive via taxi/uber with your suitcase and computer bag, but the room isn’t ready, and you have an event to get to, a concert or ball game or show that doesn’t allow anything larger than a purse to be brought in. If you don’t check the bags at the hotel, what do you do?
How many times have people here said to stay away from Marriott?
Too many to count.
So people, AGAIN, STAY AWAY FROM MARRIOTT !!
Go anywhere else. And forget their BONVOY credit card, etc.
I had the same question as @swag. What is another alternative for storing luggage? You also mentioned that you “wouldn’t trust them in [your} guestroom either.” Where are you supposed to leave stuff while traveling, especially if you need to travel with expensive things (such as a laptop) to do work while traveling?
@ swag — Arrive the day before.
“I wouldn’t trust the Marriott Marquis San Francisco with my belongings, but I also wouldn’t trust them in my guestroom either. Hotels give out wrong room keys all the time.”
So the option is never stay at a hotel again? What exactly are you getting at here?
There’s luggage storage in many cities and there might be one near the hotel. I would assume if someone knew they were arriving early and had to go out on the town, to search for a place before they arrived to town. It’s sad that you can’t trust hotels to do the right thing, but I never use the hotel safes as everybody knows their common code to open. I’ve tested this scenario and yes unfortunately the housekeepers and even the security personnel know the override codes. I just bring my own pacsafe safe and attach it to a non-movable object. Been doing this for years, so far so good. Also, with sketchy hotels I take anything of value with me.
That’s it, I will never, ever, stay in another hotel anywhere in the World …. in fact I’ll probably stay at home, lock the doors and survive on UberEats.
I remember getting dressed in a broom closet inside the hotel to attend a dinner & concert with folks from the White House (not while Trump was in office)in Washington DC when the Westin in Georgetown couldn’t get me checked into my room until after 6 pm
No lost luggage thankfully
Nothing like flying First Class and getting your Platinum upgrade to the broom closet upon arrival 🙂
Gary, I do not do social media, beyond a few travel forums online. But if ever a story needs to go viral, beyond the usual travel circles, it is this one. Marriott is a national brand the average lay person trusts with the basics. Public shaming and wider exposure – if only for awareness and knowledge of this incident – are warranted. At the very least some local SF TV news stations picking it up and hopefully national outlets would follow. It doesn’t appear there’s extenuating circumstances to Marriott’s position, at least in the information you’ve provided. If there’s not much, much, more to this incident, Marriott’s conduct is appalling.
I will never, ever leave a bag with a hotel and I always lock my few valuables in the safe if I’m not in the room. Don’t trust them for half a second. And, to those asking for alternatives: travel light. I travel for months at a time and it all fits in a carry-on friendly backpack. I promise, you don’t need more. But, if you must have a bunch of stuff, be prepared to lose it.
The fact that Marriott would fight this shows they know their customers are generally stupid. Their PR hit calculation for fighting this was less than $5000. Marriott knows anyone loyal to them can be absolutely abused.
ONce upon a time, a long long time ago, as a teen, my parents took my sister and I to the SHeraton Toronto which was relatively new and I fell in love. With the hotel and its gardens. And I returned so many time as an adult we’re not sure how many stays I have been there since it started before there even were computers. And so at one time I ultimately put my money where my heart was and bought a small number of shares of stock in ITT which owned Sheraton. ANd then ITT split and I must say following my heart served me fairly well. Flash forward to the Marriott buyout which I voted against, and here we are. I am still a tiny shareholder but so discouraged and upset at how this company treats guests as well as stories I”ve heard about employees. Shameful and especially inhospitable for a company built on being hospitable as its roots.
I guess I shouldn’t be surprised by Marriott’s ability to constantly achieve new lows but this one is truly impressive.
Was Marriott actually involved in this litigation? Or it was the actual franchisee / owner / operator. The money they spent on representation should have instead gone directly to this unlucky tourist.
This is an awful story, but I agree with Gary … don’t trust a hotel with your belongings, and hang that DnD sign on your door while you are out. Do you think the thief just happened to drop by the Marriott when there was $9K worth of stuff in the luggage room? It’s just common sense, folks, you have to take personal responsibility for yourself. I’ve probably left a bag with hotel for short-term storage 3 times in my life … and there was nothing of value in the bag.
May be old school and heed all this advice, but I entrust my well-being and that of my belongings to a property, especially when I am a PAYING GUEST. My personal belongings should be safe and protected in their hands IF they offer such a service, and they should assume all liability while it is in their hands. The problem is a loose supervision and not training staff well, keeping the door locked and not allowing anyone but staff in. BS excuse that the claim ticket was lost. Would find another way to legitimately confirm the luggage was the persons…and in the old days they would suggest your name and address were secure inside the suitacase as well.
This story simply goes to show that not only is Marriott handing out guest luggage to thieves but in the process is also giving away its integrity (though I don’t believe there ever was any integrity to give away). The fact that this disgraceful corporation tried to argue the toss with its guest simply exposes the fact that Marriott is being governed by a set of immature, bullying executive adolescents with far too much pocket money, out of control egos and a sense of entitlement that belongs to an alien species
Marriot and Hertz should merge.
Call the new company Slime and Scum Inc..
Bonvoyed again!
Another example of why these two words have become a verb for getting cheated in any situation…..
Airbnb anyone?
Small claims court on California has a maximum of $10,000 unless it is a Corporation.
@Gary and crowd – if the stay was booked with, say, a CSR, would some form of insurance cover this? Not that their 3rd party insurers would be easier to convince of the value of the stolen items, but just genuinely curious.
I was a long term guest at the same Marriott Marquis in San Francisco. I stayed there several months and while I was on a business trip, they gave my room to other guests and disposed of my belongings while I was being charged for my stay.
They gave me a small refund but in the process I lost valuable items and documents. Furthermore the staff had promised at the initial check in and rate quotation to refund me the California Out of state tax upon the duration of my stay exceeding 30 days. This amount was no less than $3,000 at the end of my stay. They refused to refund me under the pretext that I had changed my room. The fact that they were to blame for that didn’t matter, if that makes any sense at all…
They have lost the concept of customer service. It doesn’t matter to me what status they assign to my profile: Ambassador, Titanium for Life or Super Duper Cryptonite. I care about the bottom line: How am I treated and what value I receive for the thousands of dollars spent.
So, I had to reevaluate that relationship and vote with my feet and my wallet.
Ahhhh corporate America….keep your hand out for Uncle Sam and spend as much as possible to screw a customer out of a nickel.
@YJ That’s totally insane what happened to you
A business traveler is forced to take expensive equipment and luggage, Insurance may be best defense routinely taking dated photos of baggage. A leisure traveler like me, beat up luggage essential expensive items in my possession, anything else safe at home.
Marriott is a disgrace. I’m transferring my points and canceling my card
Marriott’s lawyer did their job. Saved the company thousands in liability.
You could say this incident cost a lot more in negative publicity. But negative publicity is not measurable in terms of the bottom line. 99% of guests will never hear about this story. Of those who do, 99% of guests will continue to book Marriott hotels because they are freakin’ everywhere and they at least semi guarantee a livable room. You should see some of the disasters I’ve checked into at Wyndham and Choice Hotels.
Marriott is not in the hospitality business. They are in the money making business.
YJ that is a Kant level horror story!
@YJ
I stayed at a hotel long term (I usually do when I travel), I paid for a month, and I decided to go on a week cruise at the nearby port and leave some of my belongings in the room including unopened bottles of liquor I got from duty free. I left a HUGE note on the computer table where I went and that I would be back in a week. I left my name and telephone number and made sure they knew I already paid for the room and my checkout date. I did all of this not knowing that people actually have experienced returning to their hotel room and everything is missing! That’s so crazy to me. Now I’m glad I wrote that note! That would be my advice to anyone not returning to their room the following day on an extended stay or even a regular stay.
The real question here is whether a bailment contract was entered into by the hotel guest and Marriott when Marriott agreed to store his luggage.If the claim ticket specifically disavowed the creation of a bailment, the risk of loss is totally on the guest, regardless of outcome. Then it simply becomes a matter of state or local legal limits for any loss.
I see 2 Idiots here, Marriott and every response above. None of you addressed the CA Law the is the real problem
California’s 1872 Inn Keeper’s statute limit’s a hotel’s liability for a guest’s belongings to $250 per item, and $1000 in the aggregate.
The state is progressive I thought…. do they still have laws on that women must be barefoot pregnant and say daily pray at school —even for jews —- to god?
Make them accountable and Marriot would have paid.
For everyone else who like me did not previously take the time to click on the somewhat innocuous worded link in Paragraph two of Gary’s story, take a few minutes to check it out.
Local TV ABC news in SF already has run with the story, per Gary’s embedded link. Basically, what Gary summarized, but a few additional details. No surprise, Marriot has so far refused to comment to the media’s inquiries. Hopefully ABC 7’s coverage is spread far and wide and folks will avoid at least this particular Marriot until they willingly make an equitable resolution.
@tomri — well, that is the crux of the whole issue, isn’t it?
Honorable institutions hold themselves accountable for their own actions and the actions of their employees. A force of law is not needed to compel an honorable institution to do the right thing.
There are other hospitality brands and businesses that wouldn’t need a legal mandate in this situation. Or at least I hope there are.
Obviously, the way Marriott treated this guest is very wrong.
But the idea not to trust a hotel with stored luggage is also wrong. Sometimes, you have to trust people you do business with. Travellers sometimes need to leave luggage in storage. Just apply a rule of reason: try not to travel with very valuable items, and try not to leave them in places that aren’t 100% secured. And if something goes wrong, complain. Forcefully if you have to. And if that doesn’t work, hope the law isn’t as stupid as this California law.
I’m a Marriot guy and have never had issues with them. However I do wonder if I should just start booking boutique hotels for a more personal experience. All these big chain hotels have the same vibe.
I’m just wondering, to avoid these weird lopsided laws, would travel insurance have mitigated any loss with the insurance company going after the Hotel from subrogation?
So much for “leftist” California owning corporations?
So I think this story is telling me there are essentially free laptops available in bags at downtown SF Marriott properties?
Having checked bags into random rooms behind many hotel desks that doesn’t totally surprise me but it’s interesting that Marriott is advertising you can get away with it in certain locations.
OK, next time you stay at Marriott, take the towels and bath robe, but flush the wash cloths.
I think the lesson here is one of corporate silos. I would bet the house that Legal just saw the liability limitation in this old law and saw an easy “win” without ever considering or consulting Marketing or PR. Either of them would have seen $10,000 to make this kind of incompetent mistake go away quietly as a bargain. Heck, even Accounting would probably have told them the dollars are too small to bother expending Legal time on this case.
As for a lesson for travelers I don’t see one. Sometimes you just need to store your luggage for a few hours. Sometimes that happens on a trip where you really needed some valuable equipment. And there aren’t always luggage storage lockers wherever you go.
For a small overview of Marriott’s global antics the following link may be of interest (if I’m allowed to post it):
https://www.linkedin.com/pulse/marriott-lamentations-88-wanted-global-compliance-stooges-shepherd?trk=public_profile_article_view
Marriott has become trash. I recently started at the Marriott NOLA for a destination wedding. The wedding was wonderful, the hotel was trash. Thursday I arrived and everything was ok, small room, not the best cleaning job but whatever. Friday & Saturday no washcloths, no hot water. Talking with staff they told us they are extremely short on personnel as well as basic supplies. Sunday active suction on the hot water line so the shower didn’t work at all. We called each day requesting a different room but they were fully booked, and had no available rooms. The lobby had an active line an hour long all day and night. They were actively blaming the city for not delivering enough water. That was a flat out lie, and management couldn’t even be bothered to take measures to mitigate the worst of the issue. Sunday early afternoon I saw and grabbed the GM and told him he had one chance to fix the problem before I went the route of a credit card charge back. They moved us to a lower floor with properly working water and comped the entire stay. That night they shut off the water from midnight to 5 am to replace a pressure pump. Monday morning we checked out to catch our flight out. Never Again.
But Mr. Barsi: Marriott just won Best Hotel Loyalty Program at the Freddie Awards last month (ironically in New Orleans)
FOR THE 14TH YEAR IN A ROW!
You should be celebrating getting to stay in a lodging linked to Marriott!
Instead you complain!!??
SMH…..
The Ritz Carlton in herzelia had room service rob me.
When I called security after catching them in the act I was told it’s my fault because I was smoking on the porch
Take a look at your AIRLINE tickets to review their own $ limitation on liability. As a clockmaker coming back from a show, I had eight antique French Carriage Clocks (5″ x 3″ x 3″ each) in my not full-size carry-on, which due to a full plane, they said I had to check, but I pointed out at $500 for each clock, my bag was worth $4,000 and they should make someone check their computer, because they would refuse liability for loss or damage. I lost.
Come on, you people haven’t been paying attention. This hypocritical Mormon company markets to gays on its website, but actively supports anti-gay legislation and politicians. No way would I patronize them willingly.