Mmm. It's not that black and white either in fact or fiction. I'll explain. Chargebacks rarely end up coming out of the pocket of a business. Usually how a chargeback is handled is that a bank or credit card company will take on the financial hit because as a customer you're worth more over time to them than things of this nature. They'll usually make a best faith effort to get that money out of the pocket of the business, but they'll just front it if that didn't happen. This is especially true for local banks and c places like visa and amex. That concludes the fact bit.

The opinion is a little bit harder to express. Putting myself in the shoes of OP, I feel like there's a little bit of blame on both sides. More on him, but if what he said is actually true and the door to the pool was open, I would definitely be enticed by a hot tub. Hotels are absolute 110 percent supposed to lock up those areas after hours because whether it be to children or adults they are an extremely attractive nuisance. I don't mean that in the legal sense, because I understand and life attractive nuisance laws, but in the open world sense of "holy shit that's a pool and the door isn't locked, better make a less than smart decision"

He's to blame for being drunk and heroically belligerent, but that door absolutely should not have been open if the facilities weren't for use, to the degree where, having known many upper end hotel workers well and hung out in them, you will be fired lickety split for leaving them unlocked even once because someone could die. In that sense, the hotel fucked up-badly. Keeping that in mind, were I to do something stupid like get drunk and wander into a pool area, after the fact and the dusty settled.. I'd be mad at myself for being so stupid, but also not above recognizing that the hotel had done a bad thing as well. Couple that with the fact that my 300$ hotel night ended in me in jail, with a civil fine, me not sleeping in a comfortable hotel bed, and the fact that I was only nine tenths to blame instead of ten tenths, I don't know if I could resist getting my money back.