Consumer Law, Warranties Cancelling a hotel contract

[mstjackson]

My jurisdiction is: Illinois

I am in desperate need of help. I am on a my high school committee for a 20 year class reunion and we are trying to break our contract with a local hotel that two of our committee members signed on the committee's behalf. Since entering into this agreement one of the signers has been kicked off the committee for stealing over $900 in classmates funds which has completely devastated our event planning.

Remaining members don't feel like we can raise the $6000 that is owed and DO NOT wish to pay an additional $2500 to get out of the contract. The hotel already has $1000 of our money and has performed NO SERVICES for us what so ever. Can we walk away without paying the cancellation fee? Will they pursue the one member who we are trying to protect whose signature is on the contract? Do we have any legal recourse?

Additionally how can we sue the person who stole the money in the first place?

 

[cbg]

Because the hotel was holding rooms (be it function rooms, hotel rooms, or both) for your party, they have no doubt turned away other business. The fact that, in your view, they have performed no services for you (though they have - they have retained the room and services that you contracted for) does not grant you carte blanche to break the contract with no consequences. It's not the hotel's fault that your signatory was an embezzler. They will be losing money on this contract unless they are able to rebook the rooms and services they promised to you - why should they lose still another $2500 because you don't honor your contract? They've acted in good faith - you're the ones that are backing out.

So no, you cannot walk away without paying the cancellation fee. It's not the hotel's job to pursue the embezzler.

You can sue the embezzler but if you don't pay the cancellation fee, the hotel can sue you.

 

[dee_dub]

Agreed. The hotel has done nothing wrong. The committee agreed to pay a cancellation fee. It can't expect to cancel and NOT pay the fee. If your former fellow committee member stole $900, take him to small claims court.

 

[mstjackson]

Thank you very much