lecture%209.1%20guests%20and%20visitors.%20HFT3600

lecture%209.1%20guests%20and%20visitors.%20HFT3600 -...

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Lecture 9.1 - Guests and Visitors Guest Relationship Negligence standards may depend upon whether person is a guest of the establishment. Contract rights may depend upon whether person is a guest. “Guest” means a party who has paid to obtain lodging at a hotel or motel. [NOTE: I will use hotel, motel and innkeeper interchangeably; same meaning.] Includes persons accompanying the person who signed the hotel register, if the hotel has knowledge of the other persons in the party and consents. State law may define a “guest” and state laws generally state certain rights of the guest and the hotel as to their relationship. Other visitors: public visitors, invitees of registered guests, business invitees (restaurant or shop customers), working invitees (deliveries, cleaning, other services), persons transiting through premises, trespassers. Look to state law as to whether there are different standards of care as to the class of visitor. Even trespassers have some rights. Guests of a hotel may have higher standards for the hotel to provide for their protection than would other visitors. Employees of the hotel have separate standards. Text states that customers of a hotel’s restaurant or shops would have a lesser standard of care than for a guest of the hotel, but this is generally not true under modern laws of most states, which provide for a “reasonable care” standard for most visitors including guests. Usually, all persons lawfully on the premises are entitled to this care. Rights as to property damage and theft are different for hotel guests than for other hotel visitors, due to state laws and the contract signed by the guest at registration. Visitors do not generally have a contract with the hotel. Look to both contract issues and negligence standards to determine the rights of parties. When does the guest relationship begin? The intent of the parties governs the relationship. When a person enters the premises with the intent to become a guest, and the establishment has invited persons to enter the premises for such purpose, there is a mutual intent to enter into a contract and the guest relationship has commenced, If a hotel has a “No Vacancy” sign posted outside, how does that affect the intent of the -1-
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parties to enter into a guest relationship? Look to reasonable actions of the parties. If a restaurant has a “Closed” sign posted outside, how does that affect the intent of the parties to enter into a customer relationship? Look to reasonable actions of the parties. Hotel registration completes the act of entering into the contract between the hotel and guest and establishes a definite guest relationship. Delivery of luggage to the hotel, either at the front door or at the front desk, has been found to be evidence of intent to establish a guest relationship, thereby initiating the rights of a guest at the hotel. Entering the hotel’s shuttle van at the airport is evidence of intent to establish guest
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This note was uploaded on 03/08/2011 for the course HFT 3600 taught by Professor Boyd during the Spring '11 term at FIU.

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lecture%209.1%20guests%20and%20visitors.%20HFT3600 -...

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