Can you legally refuse to pay resort fees in Hawaii?

Having worked at the front desk of a hotel in Hawaii myself, I know that unless negotiated when paying for the room you will be obligated to pay for the resort fee. The only ramification a hotel can do is to not give you your key and you can take your business elsewhere. However, that does not mean you cannot get negotiate the resort fee out or take action to get the legal fee back. There are various ways of getting it back of which Frommer's has already complied a comprehensive list (below).

During check out your credit card is already on file you won't be able to refuse to pay the fee at that time. You can and should try to negotiate the fee to be waived if not done so at the time of check in, but there is nothing you can do to stop them from charging the card you provided at check in.

Here are a few arguments to make, either at check-in or checkout:

• If a hotel’s resort fee covers stuff that you didn’t need during your stay, such as the aforementioned faxes, point out that you didn’t need these services and therefore should not pay for them.

• Similarly, if a hotel’s resort fee includes amenities or services that didn’t work well or were not available during your stay—if, say, the internet was slow or the fitness center was closed—demand a refund of the fee because the hotel did not deliver on its promise.

• If the resort fee was not made clear to you at the time of booking, ask that the fee be removed because it’s a dishonest and deceptive business practice.

• If you are a loyalty program member or frequent guest, make it clear that your continued patronage depends on being treated fairly. In response, the front desk may have the fee wiped or give you a comparable discount with the same savings effect.

Of course, negotiating with the front desk may not always work for technical reasons. A hotel industry insider told us that a property’s computer system often adds the resort fee onto the room rate automatically, making it difficult for the staff at the front desk to issue a refund. If this happens, ask to speak with a manager to work out another refund plan, even if it comes off your other expenditures.

If these tactics don’t work, there are more extreme measures. Lauren Wolfe, a lawyer who founded Kill Resort Fees after getting duped by two hotels in Florida, suggests other “Don’t Pay” alternatives.

One of them is to dispute the charge with your credit card company. "No credit card company believes their customers should be subject to such travel scams," says Wolfe.

Another option: File a consumer complaint with the attorney general of the state where the hotel is located or your home state if you booked your stay online. "Many people have successfully gotten back their resort fees" this way, according to the Kill Resort Fees website, which lists links to the forms for filing consumer complaints in several states.

If none of the above works, you can always go nuclear and take the hotel to small claims court. You may have to pay a fee to file the claim, but if your stay was long, you could still come out ahead.

That’s because, Wolfe says, most hotels aren’t willing to deal with appearing before judges. “The hotel will most likely just mail you a check and you will never see small claims court,” writes Wolfe on her website.

But if you do proceed to a date before the bench, just tell the judge that you bought your hotel stay at a set advertised price but were charged an additional amount once you arrived at the property. Most judges will rule in your favor.

The one I personally have seen work is demanding a refund because the hotel did not deliver on said amenities and services. The manager would need to make the adjustment so ask to speak to them rather than getting upset at the front desk staff.