Hotels may offer excuses that they have to oversell to make up for the losses from the growing number of travelers who make reservations but never keep them. They may tell you that some guests did not check out as planned, or that certain rooms require repairs or renovations. Many states can now impose fines against hotels that regularly overbook. Unlike airlines, hotels have no right to confirm more rooms than they have available.

In very rare cases, two hotels may work together in bait and switch tactics, accepting your overbooking at one hotel so that you can be referred, at your expense, to a more expensive hotel down the street. The second hotel then shares a portion of the revenue with the first. If this happens to you, you should immediately file a complaint with the attorney general of the state in which the hotel is located.

If you have a confirmed or guaranteed reservation and you have met all of the conditions of the reservation, such as arriving on time, the hotel is required to take every reasonable step to take care of you.

When a hotel has overbooked, follow these suggestions to assist in getting a room.

Remain at the front desk and firmly demand a room. Do not agree to step aside so other guests can be checked in. This makes you a less pressing problem for the hotel. Standing your ground makes you more of a problem and thereby increases the chances of the hotel resolving your problem quickly to avoid a scene.

Ask immediately to speak with the front desk manager or the general manager - someone with the authority to make decisions to take care of you.

Don't lose your temper. Instead, be polite but insistent. Regardless of the excuses you may be given, the best question you can ask over and over again is "I understand there's an overbooking problem, but what will you do to get me a room right away?" Remember, this is not your fault and the hotel should never have let it happen.

Don't be afraid to ask for what you want. Suggest that the hotel put you in a more expensive room or suite at the guaranteed room rate. The hotel might also provide you with additional discounts, restaurant vouchers, or other incentives. If any of these happen, always remember to check your credit card statements to be sure you were not charged the inflated rates and as always, keep your receipts.

Let the hotel know that you understand your rights. Write down names and titles of all the hotel staff you deal with on the issue, as well as the reasons or excuses they give you for the overbooking.

Be flexible and creative. Ask the manager if he or she has other options available, like staff rooms, rooms that are not yet made up, or even a rollaway bed inside a meeting room (at a greatly discounted rate, obviously).

You will have much stronger rights with a guaranteed reservation than with a confirmed one, since you have literally guaranteed payment for the room. If the hotel does not hold a room for you, it has breached its contract with you and must take all reasonable steps to secure you a similar room within the hotel or a comparable (or better) hotel nearby. The hotel may be required to pay for the first night's lodging at a nearby hotel (called walking), provide free transportation to the other hotel, pay the difference in rates (if the other hotel is more expensive) for the remaining nights of your reservation and/or arrange a long-distance phone call to let your family and/or your office where you are now staying.

Many of these services may not be offered voluntarily, so be prepared to insist, politely but firmly, on fair compensation for the hotel's overbooking mistake.

Michael Russell

Your Independent guide to Travel