law- food/beverage
1. What is the Guest – Innkeeper Relationship?
An innkeeper owes certain duties to those who use the hote's facilities - Right to be Received.
If propery is stolen, te extent of the hotel's liability will be directly impacted by whether or not the property owner is a guest.
A hotel owes a duty to guests but not to others who refeain from insulting or humiliating them - Right to be entertained
The outcome of many lawsuits turns on whether or not the plaintiff is a guest.
2. Who is considered to be a Guest? How is the Guest – Innkeeper relationship a Contract?
As a general rule people are not guests unless they require accommodations
Poeple who register at the hotel for rooms are guests
People in the hotel for some other reason do not qualify
Thus, a transient becomes a guest upon entering a hotel intending to procure overnight accommodations where the innkeeper has a room available. (Plan to stay overnight, rooms available).
Innkeeper/guest relationship is Contractual
3. What situations Terminate the Guest – Innkeeper relationship?
Contracted time for the room has elapsed
Bill not paid when due
Due notice is given to vacate the hotel
The bill has been paid
4. Under what 3 exceptions would the Innkeeper not have “Absolute Liability” for guest’s goods under common law?
The guest's own negligence:
- Carelessness by the guest (leaving door open/unlocked)
Act of Public Enemies
- War or Terrorism
Acts of God
- Hurrianes, floods, earthquakes etc.
5. What is Bailment and the Elements involved in Bailment?
-The transfer of personal property from an owner to another, with the consideration that it will be returned in the same condition.
*Coat Check
Elements:
Personal property only transfer of physial possession - Bailor to Bailee
Acceptance of Possession by the Bailee
Bailment Agreement - Bailee will return the property to the Bailor upon request.
Bailment for the sole benefit of the bailor:
-
An innkeeper owes certain duties to those who use the hote's facilities - Right to be Received.
If propery is stolen, te extent of the hotel's liability will be directly impacted by whether or not the property owner is a guest.
A hotel owes a duty to guests but not to others who refeain from insulting or humiliating them - Right to be entertained
The outcome of many lawsuits turns on whether or not the plaintiff is a guest.
2. Who is considered to be a Guest? How is the Guest – Innkeeper relationship a Contract?
As a general rule people are not guests unless they require accommodations
Poeple who register at the hotel for rooms are guests
People in the hotel for some other reason do not qualify
Thus, a transient becomes a guest upon entering a hotel intending to procure overnight accommodations where the innkeeper has a room available. (Plan to stay overnight, rooms available).
Innkeeper/guest relationship is Contractual
3. What situations Terminate the Guest – Innkeeper relationship?
Contracted time for the room has elapsed
Bill not paid when due
Due notice is given to vacate the hotel
The bill has been paid
4. Under what 3 exceptions would the Innkeeper not have “Absolute Liability” for guest’s goods under common law?
The guest's own negligence:
- Carelessness by the guest (leaving door open/unlocked)
Act of Public Enemies
- War or Terrorism
Acts of God
- Hurrianes, floods, earthquakes etc.
5. What is Bailment and the Elements involved in Bailment?
-The transfer of personal property from an owner to another, with the consideration that it will be returned in the same condition.
*Coat Check
Elements:
Personal property only transfer of physial possession - Bailor to Bailee
Acceptance of Possession by the Bailee
Bailment Agreement - Bailee will return the property to the Bailor upon request.
Bailment for the sole benefit of the bailor:
-