Hospitality Law
Hospitality Law
Hospitality law has evolved as a specialty within the legal profession in the last several decades. It is also offered as a course on the undergraduate and graduate levels as well as in some law schools. A typical hospitality law course covers the history of hospitality law, the impact of federal and state civil rights laws on the hospitality industry, and an extensive discussion of contract law, including discussions of remedies for overbooking and a guest’s breach of the contract regarding a reservation. Courses today also include discussions of contracts that are entered into on the Internet, which is very common in hotel bookings, as well as negligence, innkeeper rights, guest rights, and employment practices.
Every state and the District of Columbia have enacted statutes to limit innkeepers’ liability. These statutes require that notice be posted for room occupants. Universally, these notices are posted on the backs of hotel room doors so there can be no question that the hotel guest can see and read the statute and liability provisions, if they wish to do so. Nevada has the most pro-innkeeper statutes of any state. The changing nature of the travel industry, including an increase in bookings through the Internet, has caused hospitality law to continue to evolve and include issues such as rented time-shares and hotels that include condominium-like rooms.
Contracts and Reservations
Historically, most hotel arrangements were booked through travel agents. Although Internet bookings today are still primarily through travel agents, many are made directly with the hotel properties through websites that offer general travel arrangements or, in some instances, specifically hotel arrangements. Most consumers merely acknowledge acceptance of the extensive exculpatory language present in website booking programs without giving any thought to what would occur should problems arise. Many lawyers have had clients come to them with Internet hotel booking
Hospitality law has evolved as a specialty within the legal profession in the last several decades. It is also offered as a course on the undergraduate and graduate levels as well as in some law schools. A typical hospitality law course covers the history of hospitality law, the impact of federal and state civil rights laws on the hospitality industry, and an extensive discussion of contract law, including discussions of remedies for overbooking and a guest’s breach of the contract regarding a reservation. Courses today also include discussions of contracts that are entered into on the Internet, which is very common in hotel bookings, as well as negligence, innkeeper rights, guest rights, and employment practices.
Every state and the District of Columbia have enacted statutes to limit innkeepers’ liability. These statutes require that notice be posted for room occupants. Universally, these notices are posted on the backs of hotel room doors so there can be no question that the hotel guest can see and read the statute and liability provisions, if they wish to do so. Nevada has the most pro-innkeeper statutes of any state. The changing nature of the travel industry, including an increase in bookings through the Internet, has caused hospitality law to continue to evolve and include issues such as rented time-shares and hotels that include condominium-like rooms.
Contracts and Reservations
Historically, most hotel arrangements were booked through travel agents. Although Internet bookings today are still primarily through travel agents, many are made directly with the hotel properties through websites that offer general travel arrangements or, in some instances, specifically hotel arrangements. Most consumers merely acknowledge acceptance of the extensive exculpatory language present in website booking programs without giving any thought to what would occur should problems arise. Many lawyers have had clients come to them with Internet hotel booking