COPYRIGHT © 2008 by Delmar Learning. ALL RIGHTS RESERVED. Hotel, Restaurant, and Travel Law: A Preventive Approach, Seventh Edition Chapter 7 Guests and Other Patrons

COPYRIGHT © 2008 by Delmar Learning. ALL RIGHTS RESERVED. Introduction  An innkeeper owes certain duties to those who use the hotel’s facilities  A hotel owes certain duties to guests but not to others  The outcome of many negligence lawsuits turns on whether or not the plaintiff is a guest

COPYRIGHT © 2008 by Delmar Learning. ALL RIGHTS RESERVED. Who Qualifies as a Guest?  To qualify as a guest, the visit must be for the primary purpose for which an inn operates Rental of rooms suitable for overnight stays

COPYRIGHT © 2008 by Delmar Learning. ALL RIGHTS RESERVED. Intent of Parties  Innkeeper-guest relationship is contractual  Parties exchange the exclusive use of a guest room for money  Essential element of all contracts is an intention by the parties to enter a contract

COPYRIGHT © 2008 by Delmar Learning. ALL RIGHTS RESERVED. Intent of Parties (continued)  Actions of the parties provide needed evidence  A request for a room or an advance registration is sufficient evidence of intent  If the innkeeper indicates a willingness to register a traveler and provide a room, this is sufficient evidence of intent

COPYRIGHT © 2008 by Delmar Learning. ALL RIGHTS RESERVED. Registration  Registration clearly evidences intent, but is not essential for the relationship to exist

COPYRIGHT © 2008 by Delmar Learning. ALL RIGHTS RESERVED. Registration (continued)  Delivery of Property Some cases hold that a person who intends to register and delivers luggage to a hotel becomes a guest Soon-to-be guest evidences intent by transferring possession of luggage to the hotel employee

COPYRIGHT © 2008 by Delmar Learning. ALL RIGHTS RESERVED. Registration (continued)  Checking Out Once a guest pays the bill and checks out of the hotel, termination of guest status follows closely in time Not instantaneously terminated upon checkout, continues for a reasonable period of time while guest is on hotel premises

COPYRIGHT © 2008 by Delmar Learning. ALL RIGHTS RESERVED. Guests’ Illegal Acts  Neither false registration nor an illegal or immoral purpose in occupying a room changes their status as a guest to whom the facility owes the duty of reasonable care

COPYRIGHT © 2008 by Delmar Learning. ALL RIGHTS RESERVED. Termination of Guest-Innkeeper Relationship  Relationship ends when any of the following occurs: Contracted time for the room has elapsed and has not been extended Bill is not paid when due Proper notice is given to vacate the hotel A reasonable amount of time has passed since checkout The bill has been settled and paid

COPYRIGHT © 2008 by Delmar Learning. ALL RIGHTS RESERVED. Landlord-Tenant Relationship  A person who rents a room on a long- term basis has legal status as a tenant

COPYRIGHT © 2008 by Delmar Learning. ALL RIGHTS RESERVED. Landlord-Tenant Relationship (continued)  Tenant or guest depends on: Terms of the contract between parties Extent to which control/supervision of patron’s room is maintained by proprietor Rental rate interval Length of occupancy Incidental services offered Whether the room has cooking facilities Type of furnishings and who owns them