A Wisconsin man has filed a lawsuit against a Holiday Inn resort in Orlando, claiming his family was charged resort fees for a waterpark, water slides and a mini-golf course that turned out to be walled off for construction when they arrived. Joseph Dorsey says he got no warning before showing up at the Holiday Inn Resort Orlando Suites - Waterpark, located at 14500 Continental Gateway, expecting the amenities his reservation confirmation promised.
The lawsuit, filed Tuesday, alleges that hotel website and booking materials advertised a multi-feature waterpark, water slides and a nine-hole mini-golf course as available, according to ClickOrlando. Dorsey claims his reservation confirmation stated that the resort fee included access to most hotel amenities, including the waterpark itself.
Dorsey says he arrived with his family on November 8 and instead discovered the waterpark, slides and mini-golf course walled off because of ongoing construction. The complaint alleges no advance notice of the closures was provided before his arrival, despite Dorsey having contacted the hotel ahead of his stay.
Hotel Allegedly Confirmed Hours, Then Stayed Quiet
According to the complaint, a hotel representative confirmed waterpark hours without letting Dorsey know about the closure. The lawsuit says the closure was first disclosed during a November 8 chat, and a later text exchange acknowledged the waterpark had been closed for a long time because of construction.
The complaint also alleges the hotel representative did not offer a refund, alternative accommodations or any other meaningful remedy. Dorsey's suit claims guests were charged premium rates and resort fees for amenities that had been closed for months.
Legal Claims and What Dorsey Is Seeking
The lawsuit asserts claims under Florida's Deceptive and Unfair Trade Practices Act, along with claims for fraudulent misrepresentation, breach of express and implied warranties, and unjust enrichment.
What The Resort Advertises Today
The Holiday Inn Resort Orlando Suites - Waterpark's own website currently promotes an all-new Surf & Splash Waterpark, describing “adrenaline-pumping attractions like the FlowRider and the Triple Tide Tower waterslides” that create what it calls a multi-sensory adventure, according to the resort's IHG listing. The site also declares the waterpark “Now Open.”
A separate amenities page states that a stay includes complimentary access to the Surf & Splash Orlando Waterpark, though it notes that the FlowRider requires reservations and is not included in the resort fee, per the hotel's own listing.
Pattern of Complaints Filed With the BBB
Dorsey's lawsuit isn't the only complaint on record about the resort's amenities. The Better Business Bureau lists 23 total complaints against the property over the past three years, including four closed in the last 12 months. One complaint described children unable to use the waterpark because it was closed, even though the family was still charged resort fees they say they never got to use.
Another complaint detailed a stay on November 19–20 when the waterpark closed at 6 p.m. while Burger Theory and the hotel bar were also closed, according to the same BBB complaint record. Those complaints echo the core grievance in Dorsey's lawsuit: paying for access that wasn't actually there.
A Broader Fight Over Resort Fees
Resort fees have drawn scrutiny well beyond this one Orlando property. Dorsey's case raises questions about what guests are paying for when they book a room.
