________________________________________ October 21, 1997 ________________________________________ GSBCA 14280-TRAV In the Matter of MARY S. CARROLL Mary S. Carroll, Natchitoches, LA, Claimant. C. Bruce Sheaffer, Comptroller, National Park Service, Department of the Interior, Washington, DC, appearing for Department of the Interior. BORWICK, Board Judge. Claimant, Mary S. Carroll, an employee of the Department of the Interior's National Center for Preservation Technology and Training (NCPTT), seeks reimbursement of $320.76 for the costs of a canceled hotel room. For the reasons stated below, we conclude that claimant is entitled to reimbursement. Claimant, whose permanent duty station is in Natchitoches, Louisiana, was to attend an information technology show (COMDEX/Fall'96 Trade Show) in Las Vegas, Nevada. The agency authorized claimant's travel on September 9, 1996; the show was scheduled for November 18 through 21. The travel authorization allowed $74 per diem for lodging. Between the time of the travel authorization and September 19, the agency sought accommodations for claimant. The agency states that no one in the NCPTT office had previously traveled to Las Vegas and employees were not familiar with lodging in the area. On September 19, the Executive Director of the NCPTT authorized lodging per diem of $107 per night. The Executive Director noted in his memorandum of justification that "hotel rooms [were] at a premium during this time in Las Vegas due to the high attendance. More than 200,000 attendees are expected at this year's event." He stated that the "Thunderbird Hotel was the only place where a reservation could be taken," and that "a call to a major national hotel chain confirmed the lack of available rooms within a 30-mile radius of Las Vegas." The agency, therefore, booked claimant's reservations at the Thunderbird Hotel, for three nights from November 18 to November 21. The agency knew if the reservation were canceled after November 1, "the Thunderbird charges the credit card used to make the reservation [for] the full amount for the time reserved. They will not give refunds." The room at the Thunderbird Hotel was booked using claimant's American Express Government credit card, with the hotel advising claimant of its no-refund policy for reservations canceled after November 1. On November 18, claimant traveled to Las Vegas and checked into the hotel. However, in her words, she: "did not feel safe in the area or in the room. I checked out the same night due to safety concerns and checked into another motel. I felt the Thunderbird Hotel and its environs were not a safe place for a woman traveling alone." In accord with its stated policy, the hotel charged claimant $320.76 for the unused room and the charge appeared on claimant's American Express Government credit card. Claimant disputed the charge with the American Express Company, which requested an explanation of the charge from the hotel. After receiving the hotel's explanation, American Express maintained the disputed charge on claimant's account and requested payment from claimant. Claimant paid the charge and submitted a supplemental travel voucher to the agency, which disallowed it. Claimant subsequently filed a claim with this Board. The Government may pay for forfeited room deposits where the change in room reservations represents a legitimate change in Government requirements and the traveler acted with reasonable prudence in canceling the reservations. Alexander Kunzer, GSBCA 14102-TRAV, 97-2 BCA 29,137. The General Accounting Office granted an employee s claim for forfeited room deposits where the failure to locate the proper motel and consequent liability for "no-show lodging reservations" was due to a Government mistake-- an erroneous address in the GSA travel directory. Dora M. Perez, B-225155 (July 16, 1987). Here, significantly, the agency does not contest that claimant had legitimate safety concerns about the location of the Thunderbird Hotel. She acted with reasonable prudence, changing hotels immediately upon her arrival at the hotel in Las Vegas. Certainly claimant would have no reason to cancel the reservations earlier since NCPTT had booked the reservations for her, she had every reason to trust the agency's judgment, and she had no previous knowledge of, or experience with, the suitability of lodgings in the Las Vegas area. Finally, the agency left claimant with no choice in the initial booking at the Thunderbird Hotel. The agency booked the first room it could obtain, having decided claimant would attend COMDEX only about eight weeks before the trade show, when it was difficult to reserve a hotel room. Based on a cursory phone call to a national hotel chain, the agency assumed a lack of available rooms within a thirty mile radius of Las Vegas. This assumption was erroneous; claimant secured other accommodations the very night she arrived in Las Vegas. In light of the agency's belated booking, the agency's unsuitable choice of hotel for claimant, claimant's legitimate security concerns, and claimant's appropriate response to those security concerns, claimant is entitled to be reimbursed for the expense of $320.76. _________________________ ANTHONY S. BORWICK Board Judge