chapter 9 innkeepers. copyright © 2007 by nelson, a division of thomson canada limited 2 summary of...

Chapter 9 Innkeepers

Copyright © 2007 by Nelson, a divisioCopyright © 2007 by Nelson, a division of Thomson Canada Limitedn of Thomson Canada Limited

22

Summary of Objectives

To identify the rights of To identify the rights of innkeepersinnkeepers

To identify the obligations of To identify the obligations of innkeepersinnkeepers

To examine successful operating To examine successful operating proceduresprocedures


33

Introduction to Innkeepers

In general, innkeepers owe duties In general, innkeepers owe duties to guests and must respect their to guests and must respect their rights.rights.

Similarly, guests must meet their Similarly, guests must meet their obligations and respect the rights obligations and respect the rights of innkeepers.of innkeepers.


44

Right to Refuse Accommodation

An innkeeper can refuse An innkeeper can refuse accommodation whenaccommodation when

• there are no rooms availablethere are no rooms available

• some rooms are unoccupied but some rooms are unoccupied but

o they are reserved for another guest, they are reserved for another guest, oror

o they are under repairthey are under repair


55

Right to Refuse Accommodation 2

If overbooking places the If overbooking places the innkeeper in breach of contract.innkeeper in breach of contract.

• The innkeeper has a duty to The innkeeper has a duty to secure comparable secure comparable accommodation elsewhere for the accommodation elsewhere for the guest.guest.

• The guest has a duty to mitigate The guest has a duty to mitigate losses and accept the alternatives.losses and accept the alternatives.


66

Right to Refuse Someone Without Luggage

Technically, this innkeeper right still Technically, this innkeeper right still exists.exists.

This excuse for a refusal is often This excuse for a refusal is often provided if the innkeeper suspects the provided if the innkeeper suspects the room will be misused by the guest.room will be misused by the guest.

However, a refusal to accommodate However, a refusal to accommodate on this basis may leave the innkeeper on this basis may leave the innkeeper open to a human rights challenge.open to a human rights challenge.


77

Right to Refuse Service Where Warranted

A guest’s former track record as a guest A guest’s former track record as a guest with the hotel may provide the innkeeper with the hotel may provide the innkeeper with a right to refuse service. with a right to refuse service.

Examples of past guest conduct which may Examples of past guest conduct which may provide grounds for a right to refuse areprovide grounds for a right to refuse are

• failing to payfailing to pay

• breaking house rulesbreaking house rules

• using the room for immoral or illegal purposesusing the room for immoral or illegal purposes


88

Right to Refuse Pets

With the exception of a guest With the exception of a guest bringing a seeing eye dog, an bringing a seeing eye dog, an innkeeper can refuse a guest who innkeeper can refuse a guest who has brought a pet.has brought a pet.


99

Right to Set Rates

In general, room rates can be set In general, room rates can be set and reset, including changes for and reset, including changes for seasonal fluctuations. seasonal fluctuations.

However, hotels which band However, hotels which band together to fix prices can be together to fix prices can be fined.fined.


1010

Right to Privity of Contract

An innkeeper has a contractual An innkeeper has a contractual relationship with the original relationship with the original guest only.guest only.

A guest cannot assign his or her A guest cannot assign his or her right to a room to another person right to a room to another person without the consent of the without the consent of the innkeeper.innkeeper.


1111

Right to Select the Room

An innkeeper has the right to An innkeeper has the right to select the room a guest will be select the room a guest will be offered.offered.

However, an innkeeper cannot However, an innkeeper cannot confine visible minorities to confine visible minorities to separate areas of the hotel.separate areas of the hotel.


1212

Right to Change the Room

An innkeeper has the right to ask a An innkeeper has the right to ask a guest to relocate to another room.guest to relocate to another room.

Typical reasons for the request to Typical reasons for the request to relocate include: providing a whole relocate include: providing a whole floor for an incoming group; or, if floor for an incoming group; or, if the guest is alone on a floor, the guest is alone on a floor, asking him or her to move to asking him or her to move to streamline housekeeping services.streamline housekeeping services.


1313

Right to Enter a Room

An innkeeper can enter a guest’s An innkeeper can enter a guest’s room only when invited or for room only when invited or for specific purposes such asspecific purposes such as

• housekeepinghousekeeping

• repairsrepairs

• evictionsevictions

• emergencies emergencies


1414

Payment for Services

An innkeeper can accept payment for An innkeeper can accept payment for services in the following ways:services in the following ways:

• CashCash

• Cheque – may be refused unless certified or a Cheque – may be refused unless certified or a bank draftbank draft

• Credit card – may be refused if limit exceeded or Credit card – may be refused if limit exceeded or if card has expiredif card has expired

• Debit cardDebit card

• Payment in kindPayment in kind

• Payment in servicesPayment in services


1515

Right to Collect Payment

After holding the personal After holding the personal property of a guest for the property of a guest for the applicable period and after applicable period and after placing a notice in the local placing a notice in the local newspaper, an innkeeper can sell newspaper, an innkeeper can sell the guest’s personal property at the guest’s personal property at auction.auction.


1616

Right to Establish House Rules

Reasonable house rules protect Reasonable house rules protect the inn and protect the rights of the inn and protect the rights of other guests.other guests.

Rules should be posted in guest Rules should be posted in guest rooms and in other applicable rooms and in other applicable areas, such as swimming pools.areas, such as swimming pools.


1717

Right to Evict Guests

When an innkeeper requests that When an innkeeper requests that a guest leave the hotel, the a guest leave the hotel, the request should be made privately request should be made privately and politely.and politely.

A guest should be asked to leave A guest should be asked to leave twice before involving the police.twice before involving the police.


1818

Eviction at the End of the Stay

Innkeepers should ensure that Innkeepers should ensure that standard operating procedures standard operating procedures are in place to handle someone are in place to handle someone who overstays.who overstays.

The innkeeper may explain that The innkeeper may explain that the room is required for a guest the room is required for a guest with a reservation.with a reservation.


1919

Persons of Ill Repute

It is not always easy to identify It is not always easy to identify those persons engaged in illegal those persons engaged in illegal gambling, drug deals or gambling, drug deals or prostitution.prostitution.

An innkeeper should beware of the An innkeeper should beware of the risks associated with defamation if risks associated with defamation if his or her suspicions are false.his or her suspicions are false.


2020

Right to Evict a Non Guest

An innkeeper has the right to ask An innkeeper has the right to ask loiterers and non guests to leave. loiterers and non guests to leave.

First, however, it is wisest to ask First, however, it is wisest to ask the nature of their business on the nature of their business on the premises.the premises.


2121

Right to Make a Citizen’s Arrest

Although an innkeeper has the Although an innkeeper has the right to make a citizen’s arrest, a right to make a citizen’s arrest, a mistake in detaining someone mistake in detaining someone suspected of an indictable suspected of an indictable offence may lead to liability for offence may lead to liability for false imprisonment.false imprisonment.

chapter 9 innkeepers. copyright © 2007 by nelson, a division of thomson canada limited 2 summary of...

Documents

rooman innkeeper

accommodationan innkeeper

original guest

guests room

room rates

examples of past guest

rights of innkeepersto

warranteda guests