Chapter 08 law - Hotel, Restaurant, and Travel Law: Hotel,...

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Unformatted text preview: Hotel, Restaurant, and Travel Law: Hotel, A Preventive Approach, Seventh Edition Seventh Preventive Protecting Patrons’ Property Chapter 8 Introduction Hotel guests bring a variety of personal property to hotels and hoteliers may be responsible for loss or damage. What are some examples? Risks to Property in the Hotel Hotel Theft Who are hotel thief's? Keys & Guests’ Insurance Keys Do you return keys? Do you insure your valuables? Absolute Liability for Guests’ Goods Absolute Common Law Doctrine was called absolute or strict liability Exceptions were: Applied to guests’ property that was infra hospitium— literally “within the inn” 1. 2. 3. Loss caused by an act of God Loss caused by a public enemy Negligence by the guest Prima Facie Liability Rule— Rule— Minority View Six states have adopted a rule that modified absolute liability where they are liable only if they were negligent and damage was from some other cause. IL, IN, MD, TX, VT, DC Continued/ Further Protection Since modern day travel is so different than it used to be in Medieval times, statutes have been passed that are less burdensome on hotels. These are known as limiting statutes or limiting liability statutes. Limited Liability Limited (continued) To be protected under these statues, hotels must: 1. 2. 3. 4. Provide a safe Post notices of availability (conspicuous) Post notices of limited liability Maximum recovery is prescribed by statute If the innkeeper deviates from requirements they are not protected by the limiting statutes and the common law rule applies Providing a Safe Providing At front desk or in room Case 8­1 Must be 24/7 Posting Notice of Availability of Safe, the Hotel’s Limited Liability & Conspicuousness Many states require that the notice is posted in public areas such as the Registration desk, as well as on the check­ in form and in the guest room It must state the availability of the safe AND the limited amount of recovery CONSPICUOUSLY! Case 8­2 & 8­3 Languages Other than English Languages Who is your clientele? Language if posting may need to be considered! What Property Belongs in the Safe? What Most state statutes require the following property to be deposited in safes: Money Jewels Ornaments Bank notes, bonds, negotiable securities Precious stones Other articles of similar value What about property that does not fit in the safe? Other Considerations Hotel liability is limited for clothing, inexpensive watches, sporting equipment etc Merchandise samples are unique Property in transit is covered Property not covered like cars, non­guests items, and restaurant patrons is base on bailment (see later) Fire and Negligence If loss is due to negligence (includes fire)on the part of the hotel, it will be liable for the full amount of a guest’s loss Estoppel, Implying Greater Liability & Misrepresenting Risk Liability Misleading a guest and causing a guest to disregard posted directions for safekeeping property Case 8­4 Hotel’s Negligence Hotel’s Case 8­5 Comparative negligence Nevada’s Limiting Statute Liability during Check-In/Out Liability Guests status – remember chapter 7! Case 8­6 , 8­7, 8­8 Check­in/Check­out Bailment Transfer of possession of personal property from one person to another with understanding that property will be returned Bailee and Bailor Essential elements of a bailment: 1. Personal property 2. Delivery of possession 3. Acceptance of possession 4. Bailment agreement Bailment Cont’d Effect of bailment on liability Bailment for the benefit of the bailor Bailment for the benefit of the bailee Mutual benefit Case 8­9 Case 8­10 Proof of Negligence in Bailment Proof Bailment cases do not require the proof of negligence 8­11 vs 8­12 Items Inside Bailed Property & Bailment of Cars Bailment With items inside bailed property, there is a missing element of bailment. Cars are unique situation as well and control of car keys must also be considered Cases 8­13 & 8­14 Property in a Restaurant, Bar, Cloakroom , Checkroom Compare the three cases and consider constructive bailment! Case 8­15, 8­16, 8­17 * final note, contractors may not have the protection of LLS! Chapter 8 Chapter Review questions 1­12 Discussion questions 2,3,5 Application questions 2,4 ...
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