Can hotels refuse guests a smoking room? What are consumer rights in this area?

S

susie

Guest
According to the legislation hotel bedrooms are exempt from the smoking ban, so how then can hotels refuse guests a smoking room? What are consumer rights in this area? Some hotels are imposing fines of up to €200.
 
Re: smoking & hotel bedrooms

Can you explain that a bit better ?
I think that what you are saying is that a hotel has fined a guest for smoking in a non-smoking room. Can you clarify ?

I dont know of any legislation that obliges a hotel to allow smoking in bedrooms.
Are you suggesting that there is, or that there should be ?
 
Re: smoking & hotel bedrooms

I dont know of any legislation that obliges a hotel to allow smoking in bedrooms.

Nor do I and I think in practice it is uncommon - at least in this country.

I know for a fact the Skylon have smoking rooms though.
 
Re: smoking & hotel bedrooms

The legislation on the smoking ban allowed smoking in hotel rooms as it was considered to be "your home" for the time you are in it, or something like that.

Many hotels offer smoking or non smoking rooms (I have a mother who is an inveterate smoker, and have taken her away in Ireland a few times, so I know!)

However, some hotels have a total non smoking policy. So if you are a puffer of the baccy, check before you check in!

As for the OP's question, I would say the hotel either had a no smoking policy, or did not have a smoking room available. So if you decide to smoke in a non smoking room, they are fining people. That would be to deter guests from having a go where it is not allowed I would think. As for the consumer rights thing, sorry, don't know. But as I said, make sure before you book that you get what you want, and in this day and age for hotels, they will give you exactly what you want if it is within their policy.
 
Re: smoking & hotel bedrooms

Sorry if my query was unclear.

No, I do not mean a fine for smoking in a non-smoking room, I mean when a smoking room is requested the guest is informed the hotel has a total non-smoking policy and fine will be imposed should evidence of smoking is found in room.

However, my real query is, if the legislation states that a rented room is one's home for the duration of their stay, is it unreasonable then to expect a facility would be provided, perhaps smoking rooms of one floor?
 
Re: smoking & hotel bedrooms

Presumably this (in summary form) - http://www.citizensinformation.ie/c...ty/ban_on_smoking_in_the_workplace_in_ireland

OP may be confused about this - "The Government has stated that even though certain places are exempt from the ban, all employers (even those who are exempt) still have the right to enforce the legislation. In other words, even though the above organisations and institutions are not obliged to enforce the ban, they are free to do so if they wish."
 
Re: smoking & hotel bedrooms

Also, I assume it doesn't matter if something is unreasonable (which is a subjective opinion) if its legal.
 
Re: smoking & hotel bedrooms

Presumably this (in summary form) - http://www.citizensinformation.ie/c...ty/ban_on_smoking_in_the_workplace_in_ireland

OP may be confused about this - "The Government has stated that even though certain places are exempt from the ban, all employers (even those who are exempt) still have the right to enforce the legislation. In other words, even though the above organisations and institutions are not obliged to enforce the ban, they are free to do so if they wish."

Thanks for clarifying that. So, in answer to the OPs questions, a hotel does not have a legal obligation to provide a smoking room.

I would be horrified if it did.
 
Re: smoking & hotel bedrooms

Before booking into a hotel always check that smoking rooms are available in the hotel I smoke myself and always do this and if its not clear on their website ring them and check. You have to request a smoking room when you are checking in at reception although a few times I have been asked straightaway if I required a smoking room.
Funny thing is I have been in a few hotels over the last two years and requested a smoking room. Then had to ring around looking for an ashtray :)
 
Before booking into a hotel always check that smoking rooms are available in the hotel I smoke myself and always do this and if its not clear on their website ring them and check. You have to request a smoking room when you are checking in at reception although a few times I have been asked straightaway if I required a smoking room.
Funny thing is I have been in a few hotels over the last two years and requested a smoking room. Then had to ring around looking for an ashtray :)

Same here, I also smoke and most of the time, I encounter the same situation, smoking room with no ashtray at all. While other hotels that have no smoking rooms suggests that I use the balcony instead.

I guess, these kind of policy depends on the hotel's discretion.

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An explanation of cause is not a justification by reason.
-C. S. Lewis
 
I can see both sides to this.

People may have a reasonable expectation that they can smoke in the room.. they may be foreign for example, as if that explains everything...

But anyway, people might expect to be allowed smoke, and may not ask for a smoking room, as why would they?, they may never have experienced a no-smoking hotel.


For example, if a hotel had 'no sleeping' rooms, as they'd be perfectly entitled to do if they wanted, ... I don't think they could fine people for sleeping in the rooms, as people had a reasonable expectation of being allowed to sleep in the room. Same thing with the smoking.


Mainly I think that for the hotels that are totally non-smoking.. this fact should be communicated to the customers before they pay, and before they book.
 
Ridiculous comparison there between sleeping and smoking, smoking is not vital for life despite what some smokers seem to think (I'm a former smoker myself) and it's not a civi right either as the OP seems to think given the question on consumer rights
 
Sleeping in a room doesn't make it turn yellow, and create a smell thats almost impossible to remove from everything in the room.
 
The point wasn't totally about sleeping.. it was about what reasonable beliefs people might hold about what they're entitled to do in a hotel room.

So people expect to be allowed sleep, and so if they weren't allowed that would have to be communicated to the customer, as reasonable people wouldn't expect a ban on sleeping in a hotel room.

Smoking is similar, but not as black and white, ... many people would expect to be allowed to smoke with nearly the same certainity as they think they'd be allowed sleep... so if they cannot smoke the hotel must make it clear. I think no smoking hotels are limiting their customer base, but it is their choice. People may not book weddings or conferences in such a hotel, but then maybe other people would be more likely to book...

What about the following policies, 'no drinking alcohol', 'no sex', or 'no gay sex'... I'm sure each of these is implemented in a hotel or B&B somewhere... the customer should be told before booking if any of them apply, or smoking.
 
Yes, smoking is not similar to sleeping or having sex... however it's the right to smoke, or the right to sleep, or the right to have sex that could be considered similar, hence my comparision.

I feel people's expectations about the uses to which their hotel room can be put would vary, and that many people would expect to be allowed smoke, or to have sex. Hence the need for hotels to clarify what can and can't be done.
 
That's fine, as long as it's made clear.. otherwise the hotel may have mis-sold the room.

In the OPs case... Susie wasn't aware it seems that the hotel was totally non-smoking, if she made the booking without being told this I think she should receive a full refund. If the hotel refused to give a full refund I'd say that they'd be wrong to do so.
 
I'm a smoker. I spent last weekend in a hotel. When booking, I didn't ask what the hotel's policy was on smoking, nor was I asked what my preferences were. We were assigned a non-smoking room -- that was the only type of room they had as it's a totally non-smoking premises. That didn't bother me at all, as I never smoke in bedrooms. I didn't feel I had been mis-sold, and would think it unreasonable to ask for any, let alone all, of my money back.

[My principal smoking companion in the great smoking zone known as "outside" was the hotel's proprietor.]
 
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