Location: New Mexico

Facts:

- Signed catering contract with major hotel chain for wedding on May 30, 2026 (150 guests)
- Contract specifies two simultaneous dinner functions of 75, rounds of 8, no room names mentioned
- Contract has clause: “Hotel reserves the right to assign and change specific Function space at its discretion”
- Toured and planned around the larger ballroom on the property based on conversations with catering manager
- On April 30 (30 days before wedding), catering manager sent email with subject “Room Cut Off and decorator information” that included one buried sentence: “we did have to move your wedding to the other rooms.” Same email referenced previously discussed privacy requirements and referred me to outside decorator to help with that.
- The new room is materially smaller (~34% less floor space, lower ceilings, divided by airwalls instead of separate rooms)
- Reason for change: a corporate conference was displaced from another hotel in the chain due to construction
- When I pushed back, catering manager’s position: contract only requires tables and chairs in rounds of 8. No obligation for dance floor, head table, etc.
- Call with catering manager scheduled for next week; I plan to request a signed BEO with specific operational commitments
- Contract has: NM venue, jury trial waiver, prevailing-party attorneys’ fees, 100% cancellation fee within 30 days of event

My assessment:

- Contract discretion clause likely enforceable on its face
- BUT April 30 email contradicts hotel’s current “this was always your room” position by using the word “move”
- AND hotel’s own published banquet capacity sheet shows new space cannot deliver the contracted setup with standard wedding elements without exceeding rated capacity
- AND “Entire Agreement” clause makes prior verbal assurances unenforceable, but doesn’t override the implied obligation to deliver a usable wedding reception space

Questions:

1. In NM, is there any argument that a hotel’s discretion to reassign space has implied limits (good faith, reasonableness, equivalent product)?
2. Does the April 30 email’s reference to known privacy requirements create any estoppel-type argument that hotel can’t now disclaim those requirements?
3. Is there any consumer protection angle (NM Unfair Practices Act)?
4. For the operational specs (dance floor, head table, etc.) — is a hotel’s failure to commit to industry-standard wedding elements in a BEO any kind of breach of implied warranty, even if the express contract is silent?

Not planning to sue before the wedding. Want to understand my actual legal leverage to use in negotiation and to know what’s reasonable to demand at GM/corporate escalation. Also assessing realistic post-event small claims options if hotel under-delivers.
Thanks.