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I'm not the original poster you're responding to, but it seems odd to say, "if any of your friends do <something>, you'll be fined." It would make sense if it w
by vitd 12y ago
I'm not the original poster you're responding to, but it seems odd to say, "if any of your friends do <something>, you'll be fined." It would make sense if it were something physical like vandalizing the hotel while they were at my party (possibly - depending on the circumstances). But if your friend from the party comes back 2 weeks later and vandalizes the hotel, should you still be liable?
That's kind of what this feels like. I didn't tell them to write a review. They genuinely didn't like your product or service. Why am I being fined just because they booked a room for my party? Maybe my friend has a legitimate complaint that isn't about how old the furniture looks (which is what this appears to be about). What if your staff was actually very rude, or the room wasn't up to the quality listed on the web site?
It seems unenforceable to a lay-person because it puts the burden of controlling third parties we can't control on us. If I go someplace for a friend's party and the friend tells me not to post a bad review of it if I don't like it, I'm going to tell my friend to fuck off and write whatever review I want. He has no say in the matter.
So it seems bizarre that you can even legally agree to something over which you have no control. It feels equivalent to saying that you agree to pay a fine if it rains while you're staying at our hotel. (That very well may be enforceable - but it seems odd to the layperson that it could be because you can't predict it ahead of time and can't control whether it happens.) It's simply an example of the law making no sense to the people it applies to.
- DannyBee 12y ago"Why am I being fined just because they booked a room for my party? " Because you agreed to those terms? Just because you agreed to a crappy deal for you doesn't get you out of it. If you don't like it, don't take the deal? We are talking about wedding receptions, it's not like random hotel guests. These have real contracts, deposits, etc (and they said they take it out of your deposit). "It seems unenforceable to a lay-person because it puts the burden of controlling third parties we can't control on us. " This is incredibly common. For example, almost every contract you would ever sign for selling software, etc will say something like "you agree to indemnify us if a third party sues us over intellectual property issues in your software". This is clearly enforceable in almost all cases. You have literally no control over who chooses to sue them. As for not making sense, the law makes perfect sense in this sort of case - you may freely contract for almost anything.