While staying at Contessa Hotel San Antonio. My vehicle was valet parked in a hotel garage. The vehicle was keyed/ scratched on both sides. Repair costs are approximately $3000. The valet insurance company is denying any responsibility. The valet parking is not optional and a $35 fee is charged each time.
Typically, the parking ticket will have a disclaimer permitting the valet or parking company or hotel to escape liability. But that disclaimer falls under the legal doctrine of assumption of the risk. If the risk was not disclosed, then the customer could not have assumed the undisclosed risk.
The legal analysis would also involve the law of bailment (entrusting property with another). The analysis would also turn to what sort of measures or steps the parking garage took to ensure that the cars were kept safe.
You should consider preparing a letter to mail by certified mail, return receipt requested, to the hotel and valet company to set out the facts and to demand the relief that you want. Attach photographs of the damage and the estimate for the repairs. Make sure that your letter is professional and businesslike as it may be evidence later.
If need be, you may consider filing suit in small claims court, using your letter as evidence.
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