Margarita Calpotura Hospitality Law Blog on Lawyers.com

With the growing popularity of review websites, and the ease with which they are accessed due to the proliferation of smart phones and tablets, hotels must be proactive in managing their online reputations.

Because of the broad protection given to website publishers under section 230 of the Communications Decency Act, review websites often refuse to remove negative reviews.  Specifically, as website publishers, review websites are typically immune from liability for what reviewers post on the websites. 

However, there are actions hotels can take to reduce the negative effects of negative reviews:

1. Review and monitor online reviews about the hotel.
2. For reviews containing false statements, gather documentation regarding the falsity of the statements.
3. If possible or applicable, correct the problem within the hotel.  For example, if there are numerous negative reviews regarding the hotel’s customer service, investigate whether there are things the hotel can do to improve.
4. Many review websites allow business owners to respond to reviews.  If possible, respond to the individual reviews on the review website in a courteous and professional manner.
5. Contact the negative reviewers and try to “right” their unpleasant experiences.  If the hotel is unable to, at the very least, contacting the reviewer allows the hotel to apologize for and/or explain the sources of the guests’ dissatisfaction.
6. Contact the review website regarding the false/defamatory material (if any), and request that they remove the material as violative of their terms and conditions, as most terms and conditions prohibit reviewers from posting false and/or illegal material, and pursuant to the “Good Samaritan” clause of the Communications Decency Act, which allows website publishers to restrict access to or availability of harassing or otherwise objectionable material, without exposing themselves to potential civil liability.
7. Encourage guests who enjoyed their stays to write reviews.
8. Many review websites allow business owners to advertise and/or create business accounts on the website.  Advertising and/or maintaining a business account on the review website would allow the hotel to share information with guests and potential guests. 
9. Hire a reputation management firm.  They can monitor what is said about the hotel, push positive reviews to the top of Internet search results, push negative reviews down in Internet search results, and respond to negative reviews.

While there is no way to prevent people from posting negative reviews or to guarantee that a review website will remove objectionable material, being proactive in managing the hotel’s online reputation and taking appropriate actions in response to reviews can improve the hotel’s services along with minimizing the negative impact of the reviews.

For questions, comments, or further information, contact The Miller Law Group, P.C., at 650-566-2290.

Miller Law Group, P.C. is a full-service hospitality law firm representing hotel owners and management companies.