. . . I hear the rolling contract . . .

Interesting contract question came up lthe other night in a Sheraton hotel in Springfield, Mass.  The hotel, guests are informed when they register, is nonsmoking.  But once in the room, the guest is presented with a little card labeled “breathe clean air” which contains the following:

OUR GUESTROOMS ARE SMOKE-FREE SO ALL CAN ENJOY FRESH, CLEAN AIR.  IF SIGNS OF SMOKING ARE FOUND, A $200 CLEANING FEE WILL BE CHARGED.  (Different color in original.)

I assume that smoking in the room would be a breach of contract, and that any actual damages suffered by the hotel would be recoverable.  But is the $200 the amount the hotel can recover?  Does it matter whether it’s still early enough (before 6:00 p.m.) for the guest to leave and go to another hotel?  Where’s Judge Easterbrook when you need him?

FGS