Innkeeper Guest Relationship

1
Innkeeper Guest Relationship

• Landlord tenant relationship
• Duties to the public the nature of inns
• Beginning of the relationship
• Termination of the relationship
• Rights of innkeepers
• Eviction of guests and non-guests
• Guests rights

2
Definition

• those seeking temporary accommodation
• any entity selling temporary accommodation,
  e.g., hotels, motels, inns, cabins, lodges and
  BBs
• Hotels can be innkeepers to some and
  landlords to others
• Components
• Food no longer required
• Consideration but money not necessary
• Transient status not necessary

3
Landlord-tenant relationship

• Tenants governed by LL-T Act more protection
  eviction more difficult
• not guests since not temporary
• Factors
• Special rates
• Length of rental
• Control of premises
• Contents of room evidence of permanency
• Services provided e.g., cooking v. room service
• Address - voting location, credit cards, licenses
  etc.

4
Public nature of inns

• Duty to receive around-the-clock
• Obligation to minors
• Duty to entertain courtesy
• Duty to serve food no longer

5
Formal beginning of relationship

• Presumption of I-G relationship
• Mutual intent handing over of bags
• Room must be available
• Hotel liable to honour reservations
• Registration
• Statutes governs B.C. Hotel Registration Act in
  rural B.C. only
• Non-personal registration, e.g., tour groups
• False registration
• Not invalidate the IGR
• Still tort and contract liability
• May be fine

6
Registration contd

• Reservation a contract
• no show if past the deadline
• Re-let if not guaranteed by credit card
• Have clear cancellation policies
• Overbooking happens but guests seldom sue
• Have STOPs for overbooking

7
Termination of the relationship

• Terminates when
• Due notice given
• Contracted time elapsed
• Unpaid payment when due
• Bill has been paid
• After check-out and guest left the premises

8
Rights of Innkeepers

• To refuse accommodation when full
• Careful of human rights
• Suit by guest with reservation, but must mitigate
• To refuse someone without luggage
• Undesireables
• To refuse services if
• may not pay
• Break house rules
• Immoral purposes
• Contagious disease, firearms, dangerous substance

9
Rights of Innkeepers contd

• To refuse pets seeing-eye dogs excepted
• To set rates
• Set and post
• May reset and repost at will
• Seasonal or hourly changes
• To privity of contract
• Deal only with original guest
• Guests cannot assign rights
• Trespassers even if received a key from guest
• To select the room
• To change the room
• Reasonable grounds

10
Rights of Innkeepers contd

• To enter room for proper purposes
• Housekeeping, emergencies, repairs
• To payment for services
• May demand at registration
• May
• Not refuse cash
• Refuse uncertified cheque
• Refuse credit cards (if not accepted)
• Accept payment-in-kind (taxable revenue!)
• Criminal code violation if intent and no payment

11
Rights of Innkeepers contd

• To collect payment
• Sue, collection agency
• Lien on guests property
• For all charges
• Bailment hotel responsible for seized goods
• Eventually goods may be sold
• Return surplus (after debt paid) to guest
• Restaurants no lien rights
• To establish house rules
• Reasonable, e.g., check-out times, attire,
  alcohol, noise

12
Rights of Innkeepers contd

• To evict guests
• Beware tort liability
• Must have proper cause
• Do so privately and politely
• Inform guest of reason
• If refused, ask again
• May be liable even if no physical harm
• Use only enough force
• Ask police to determine enough force

13
Rights of Innkeepers contd

• To evict non guests
• With care, no excessive force
• Warning first
• Consider grounds for eviction and investigate
  thoroughly
• Right to arrest Citizens arrest Section 494
  of Criminal Code

14
Rights of Guests

• To be received but may be refused
• impaired, contagious,
• known to cause damage or failure to pay
• likely to engage in illegal or immoral acts
• To be entertained common courtesy
• To have luggage admitted
• To full disclosure of all charges
• To information required by statute, e.g., rates
• To privacy and exclusive use of room

15
Rights of Guests contd

• To proper handling of mail, messages
• To telephone service
• To security of property
• Common law liability limited by statute
• Found lost property to finder
• Claim of abandoned property to claimant
• Title to mislaid property stays with guest

16
Rights of Guests contd

• Right to security of the person
• To assistance if ill, injured, death
• To freedom from false detention or arrest
• Hotel may report suspected criminal activity