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Hotel, Restaurant, and Travel Law:A Preventive Approach, Seventh Edition
Chapter 9Rights of Innkeepers
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Introduction Patrons are the lifeblood of hotels and
restaurants
Unruly or belligerent customers can
Interfere with the enjoyment of other patrons Damage the reputation of the business
Hotels and restaurants may not want to serve such people
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Right to Exclude Nonguests Innkeepers and restaurateurs extend an
implied invitation to all, including nonguests, to enter their facility
Public’s presence on the premises does not constitute trespass
Trespass—legal wrong consisting of entering or remaining unlawfully on a premises
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Right to Exclude Nonguests (continued)
Implied license for nonguests can be revoked by the innkeeper at any time
Persons entering a hotel who are not guests and do not intend to contract for a room are required to leave the premises if asked
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Right to Exclude Nonguests (continued)
Person who has been requested to leave and fails to do so becomes a trespasser
Operator may use reasonable force to evict a trespasser—only after being asked and trespasser refuses
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Right to Exclude Nonguests (continued)
Only amount of force that is reasonably necessary to remove trespasser is permitted
More force than is reasonably necessary is considered excessive force and may be grounds for a lawsuit
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Right to Exclude Nonguests (continued)
Best practice (if time permits) is to call the police
Officers are trained how to effectuate the removal of a troublesome patron
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Refusing Lodging to a Would-Be Guest
A hotel cannot refuse accommodations to anyone seeking them if rooms are available
True regardless of the time of the guest’s arrival
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Refusing Lodging to a Would-Be Guest (continued)
Exceptions:
Hotel has no vacancies
No vacancies can exist even if rooms are unoccupied
Being painted, refurbished, repaired Being held for reservations
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Refusing Lodging to a Would-Be Guest (continued)
Exceptions: (continued)
Can refuse persons who are:
Criminals Intoxicated Disorderly Unclean and unkempt Suffering from contagious disease
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Refusing Lodging to a Would-Be Guest Cont’d.
Exceptions: (continued)
Persons of bad reputation
Persons not able or willing to pay in advance a reasonable price for a room
Persons with: Firearms or explosives Pets (excluding service animals)
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Consequences of Wrongful Refusal
Excluded guests can sue for damages
May include additional expenses of staying at another hotel
If refusal is based on race, religion, sex, or disability Hotel must pay fine for wrongful exclusion in
addition to damages Remedy under civil rights law would bar further
discrimination
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Age Not a protected class in places of
public accommodation
Restaurateurs can refuse to serve a young person
A young person is entitled to hotel accommodations unless an exception applies
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Selecting Accommodations for a Guest
Which room is assigned to a guest has always been the innkeeper’s prerogative
A hotel might be well-advised to accommodate guest preferences
Guests have no legal recourse if denied their preference
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Changing a Guest’s Accommodation
Not good policy to change a room or move a guest’s possessions without notice or permission
Should be avoided unless reasons are compelling
Inform guest of impending change and provide an explanation
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Entering a Guest’s Room Innkeeper may enter only for
reasonable purposes:
Normal maintenance and repair
Imminent danger
Nonpayment
When entry is requested by the guest
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Entering a Guest’s Room (continued)
Emergency conditions impose a duty to enter a guest’s room to eliminate the danger
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Evicting a Guest
Innkeeper has the right to withdraw hotel privileges and evict a guest
No more force is used than is necessary
Evict—remove someone from property
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Evicting a Guest (continued)
Grounds for eviction: Failure to pay bill
Overstaying
Persons of ill repute
Intoxication and disorderly conduct
Contagiously ill guests
Breaking house rules
Persons not registered
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Persons without Baggage
Historically, hotels could refuse a room to would-be guests without baggage
Today, absence of luggage does in itself indicate illegal intent
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Business Competitors Cannot be refused for seeking
accommodation
Can be refused for coming to solicit customers
Court order may be obtained to bar competitors from continuing such solicitations
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Process of Eviction Evicting someone for cause is proper
Should be carried out Considerately With no harsh words Force should not be used unless absolutely
necessary
Wrongful eviction can result in liability For physical injuries For mental and emotional distress
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How to Evict
First—inform person he is no longer welcome on the premises and should leave
If he remains—second request should be made
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How to Evict (continued)
If he still refuses to leave
Call the police
Use force
Forceful eviction should always be the last resort
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Verbal Abuse
Defamation—tort of making false and demeaning statements about a person to a third person
Libel—written defamatory statements
Slander—oral defamatory statements
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Evicting a Hotel Tenant
A tenant is considered by law to have a greater interest in the apartment than a guest has in a hotel room
Greater interest prevents a hotel/ landlord from evicting the tenant without a court order
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Refusing a Diner
A restaurant not associated with a hotel has more leeway than a hotel to exclude people
A restaurant has the right to select its customers and to refuse any person
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Statutory Protection for the Hotelkeeper
A hotel lien gives an innkeeper the right to retain the personal property of a nonpaying guest
Fraud statutes authorize innkeepers and restaurateurs to pursue criminal charges against those patrons who receive services but intentionally fail to pay
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Innkeeper’s Lien Lien—security interest in the property of
someone who owes money
Lien entitles creditor to take possession of the debtor’s property, sell it, and apply proceeds to unpaid debt
Many states require the hotel obtain a court ruling that the guest is in fact delinquent
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Applicable Property Most property a guest brings to a hotel is
covered by the lien
Coverage does not extend to a person’s necessary apparel and certain personal jewelry (wedding rings)
Goods of one’s spouse are not subject to lien when indebtedness is solely that of the other spouse
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Applicable Charges Guest room charges
Service charges for delivery of a guest’s baggage to and from the hotel
Valet service
Room service
C.O.D. charges
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Termination of Lien
Lien terminates when bill is paid
Hotelkeeper must then return any property seized pursuant to the lien
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Termination of Lien (continued)
If payment is not paid, the innkeeper can Sell property
Use proceeds to satisfy the bill
Including expenses associated with the sale Advertising
Storage of goods pending sale
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Termination of Lien (continued)
Following sale:
The innkeeper can retain from the proceeds the amount of the unpaid bill and expenses incurred
Any surplus must be paid to the guest
If innkeeper cannot locate the guest, money can be paid to a designated public official
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Not an Exclusive Remedy
The hotelier can also sue the guest for breach of contract
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Defrauding the Hotelkeeper or Restaurateur
All states seek to protect the innkeeper and restaurateur from guests who attempt to defraud by leaving without paying
Many statutes provide varying penalties depending upon the amount and value of the goods/services received by the absconder
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Defrauding the Hotelkeeper or Restaurateur (continued)
Larceny—theft of property
Theft of services—receipt of services without payment
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Intent to Defraud
Criminal cases are different from civil cases
Civil case—plaintiff seeks compensation
Criminal case—penalties can include jail time and resulting loss of freedom
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Intent to Defraud (continued)
To justify penalization requires that the defendant act with a criminal mental state, usually meaning intentionally
A person acts intentionally when his conscious objective is to engage in the illegal conduct
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Intent to Defraud (continued)
To establish a defendant’s guilt of a crime, prosecutor must prove two elements
Defendant obtained food or lodging without paying for it
Defendant intended to avoid payment
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Fraudulent Payment Bad checks
Check for which the maker has insufficient funds
Check written on a closed account
Credit card The person knows is stolen and who
signs the card owner’s name
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Fraudulent Payment (continued)
Criminal possession of stolen property—when a person knowingly possesses stolen property with intent to benefit someone other than the owner
Forgery—unauthorized alteration, completion, or making of a written instrument (check or credit card) with intent to defraud or deceive
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Fraudulent Payment (continued)
A guest who steals property is liable for the crime of larceny
Misdemeanor or felony depending on the state involved and value of goods stolen