Chapter 9: The Innkeepers Flashcards
Right To Refuse Accommodation
No Rooms
Some Rooms are unoccupied BUT
they are reserved/under repair
Someone w/out Luggage
can be challenged under human rights
Where Warranted
guests former track record (failing to pay, breaking house rules, using the room for immoral/illegal purposes)
Pets
w the exception of a seeing eye dogRight to Refuse Service Where Warranted
a guests former track records as a guest with the hotel may provide the innkeeper w a right to refuse service
failing to pay
breaking house rules
using the room for immoral or illegal purposes
Overbooking
The innkeeper is in a breach of contract
has a duty to secure comparable accommodation elsewhere for the guest
guest has a duty to mitigate losses and accept alternatives
Right to Set Rates
room rates can be set and reset, including changes for seasonal fluctuations
Hotels can not band together to fix prices (price fixing is illegal)
Right to Privity Contract
innkeeper has a contractual relationship w the original guest only
guest can not assign his/her right to a room to another person w/out consent of the innkeeper
Right to Select The Room
Innkeeper has the right to select the room a guest will be offered
CANNOT confine visible minorities
Right to Change the Room
innkeeper has the right to ask a guest to relocate to another room
Reasons For Relocating
providing a whole floor for an incoming group
if the guest is alone on the floor asking them to move to streamline housekeeping services
Right To Enter
Innkeepers can enter a guests room only when invited or for specific purposes such as
housekeeping
repairs
evictions
emergencies
Payment for Services
Cash, cheque (must be certified), credit card, debit card, payment in kind, payment in services
May demand payment at the time of registration
Right to Collect Payment
Same rights as any business to collect payment- may hire lawyers and collection agencies to pursue outstanding bills
RIght to lien the goods
Liens of Guest Property
Hotel must hold the property for a period of time (1 to 3 months). Then the innkeeper must advertise the sale (usually by auction) in the local newspaper at least a week before the auction. The ad must contain: the name of the guest, the amount of indebtedness, a description of the property to be sold, the date, time and place of the sale, and the name of the auctioneer. The proceeds of the sale will then be applied to the debt.
Right to Establish House Rules
reasonable house rules protect the inn and protect the rights of other guests
rules should be posted in guest rooms and in other applicable areas such as swimming pools
Right To Evict
Should be made privately and politely
guests should be asked to leave twice before involving the police
Reasons to Evict
Eviction at the end of stay nonpayment persons of ill-repute disorderly conduct disturbing the peace, carrying a contagious disease breaking house rules.
Person of Ill-repute
prostitutes
gamblers
drug dealers
Eviction at the End of Stay
need SOPs to handle overstays
providing bills early is a non confrontational way of doing this
my use REASONABLE force if necessary
Persons of Ill Repute
not easy to identify those persons engaged in illegal gambling, drug deals or prostitution
beware of the risks associated w defamation if suspicions are false
Right to Evict a Non Guest
innkeeper has to right to ask loiters and non guests to leave
best to ask why they are there first
Right to Make Citizen’s Arrest
anyone committing an indictable offense or who on reasonable grounds believes has committed a criminal offense
RIght to Refuse Accommodation
No rooms
rooms are unoccupied BUt
reserved for another guest
under repair
Right to Refuse Service
failing to pay
breaking the house rules
using the room for illegal/immoral purposes
Right to Enter a Room
housekeeping
repairs
evictions
emergencies
Payment in Kind
accepting physical property in exchange for accommodation
uttering
when a person knowingly with intent to defraud writes a check on a bank account w insufficient funds
Who owns property: 3
lost: finder
abandoned: claimant
mislaid: owner (guest)
