ORLANDO, Fla. – A Wisconsin man filed a lawsuit on Tuesday against a Holiday Inn Resort in Orlando, alleging guests were charged premium rates and resort fees for amenities that had been closed for months.
The lawsuit specifically takes aim at the Holiday Inn Resort Orlando Suites – Waterpark, located at 14500 Continental Gateway.
According to the complaint, the hotel’s website and booking materials advertised a multi-feature waterpark, water slides and a nine-hole mini-golf course as available.
The man — identified as Joseph Dorsey — alleges his reservation confirmation said the resort fee included access to most hotel amenities, including the waterpark.
But Dorsey said when he arrived with his family on Nov. 8, he discovered the waterpark, slides and mini-golf course were walled off because of ongoing construction.
The complaint claims no advance notice of the closures was provided before his arrival. The lawsuit also alleges Dorsey had contacted the hotel before his stay.
A couple of days prior to Dorsey’s arrival, a representative allegedly confirmed waterpark hours without letting Dorsey know about the closure.
The complaint says the closure was first disclosed during a Nov. 8 chat, and that a later text exchange acknowledged the waterpark had been closed for “a long time” because of construction.
Despite all of this, the representative did not offer a refund, alternative accommodations or any other “meaningful remedy,” the complaint states.
As such, the lawsuit asserts claims under Florida’s Deceptive and Unfair Trade Practices Act, as well as claims for fraudulent misrepresentation, breach of express and implied warranties, and unjust enrichment.
Now, Dorsey is seeking class-action certification, damages, restitution, disgorgement, attorney’s fees, costs and injunctive relief.
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