Call Kurtis: Refund Denied After Hawaii Trip Canceled

SACRAMENTO (CBS13) - Every hotel has its own cancellation policy. An El Dorado County couple forced to cancel a trip to Hawaii, says they made sure they did it within the hotel's guidelines. When they were told they weren't getting their $700 deposit back, they called Kurtis Ming.

Mixing up pina coladas and hanging out with their dog Kona is the closest Michele and Bob Bertolami can get to a Hawaiian get away.

"I fell in love, as anybody would once you see the islands," says Bob.

And after their Maui trip in 2005 Bob decided to surprise Michele with a week-long trip to Lana'i in 2007. He booked a stay at Hotel Lana'i.

"I said, 'Let's go somewhere where you can just relax, where you can just sit under a palm tree," Bob recalls.

But both had health problems forcing them to postpone the trip. The hotel's policy allows cancellations and "refunds of your deposit" minus a small fee. But the Bertolamis opted to reschedule instead. And over the past three years, they've rebooked several times, because of Bob's heart issues.

"They continue to monitor me now, but they had recommended that I don't do any travel," He says.

So this year, they decided to give up on the trip. Michele called up requesting a refund of their $701.92 dollar deposit.

She says the hotel understood. "'Okay we'll send you your money, Michele, no problem.' So I waited and waited," she says.

The check never came. Then Michele called the owner.

"He said, 'No we can't give you your deposit back.'"

The owner told her their deposit went to previous owners, not him.

"And I said, 'I paid money to the Hotel Lana'i, not to you personally and the Hotel Lana'i owes me my money back," says Michele.

The owner gave us the same explanation, and added that he lost money each time they cancelled, when he couldn't fill their room. We pointed to the cancellation policy still posted on the hotel's website which allows refunds, minus a $25 fee, but he stood his ground, saying there would be no refund.

"I'm just very disappointed," Bob tells us.

We then alerted Hotel Lanai's management company, Aqua Hotels and Resorts about the issue. Within a week, the Bertolamis received a hand-written letter from the owner. It expressed sympathy for Bob's health issues. But he also wrote the multiple changes, cost him $4,013 in unsold rooms. But he decided to refund their entire deposit anyway.

The Bertolamis say when bob's health improves they'd still like to visit Hotel Lana'i.

So what about the owner's argument that the deposit was paid to the old owners, so he wouldn't refund it? We've run into this before and a contract attorney told us it all depends on the sale agreement. If the new owners do not take on all liability you may have to find the old owners to get your mo