1. Chapter 8 The Innkeeper-Guest Relationship

2. Copyright © 2007 by Nelson, a division of Thomson Canada Limited 2 Summary of Objectives  To define the innkeeper-guest relationship  To distinguish the innkeeper-guest relationship from others  To examine registration and reservation contracts

3. Copyright © 2007 by Nelson, a division of Thomson Canada Limited 3 History  Commercial travel in England in the Middle ages was by river and canal.  Nobility stayed with other nobility.  The poor stayed in churches.  Inns developed to accommodate the needs of the person travelling for business purposes.

4. Copyright © 2007 by Nelson, a division of Thomson Canada Limited 4 History 2  Early hotels in North America often required guests to bathe prior to their being given a room.  In some places, the right to refuse to provide a room to an unclean person still exists.

5. Copyright © 2007 by Nelson, a division of Thomson Canada Limited 5 Definition of Inn  The term inn includes a hotel and motela hotel and motel an innan inn a tourist court and resorta tourist court and resort A cabin and lodgeA cabin and lodge a trailer parka trailer park a bed and breakfasta bed and breakfast

6. Copyright © 2007 by Nelson, a division of Thomson Canada Limited 6 Definition of Inn 2  The term inn does not include a boarding housea boarding house a rooming housea rooming house homes for seniorshomes for seniors time-share arrangementstime-share arrangements

7. Copyright © 2007 by Nelson, a division of Thomson Canada Limited 7 Definition of Innkeeper- Guest Relationship  The most important element in establishing an innkeeper-guest relationship is the temporary accommodation element.  The relationship gives rights and obligations to the parties to which non parties are not entitled or subject.

8. Copyright © 2007 by Nelson, a division of Thomson Canada Limited 8 Definition of Innkeeper- 2 Guest Relationship  Accommodation must be provided, if available, to a person who is well-behavedis well-behaved is willing to pay (or is receiving the room on a complimentary basis)is willing to pay (or is receiving the room on a complimentary basis)

9. Copyright © 2007 by Nelson, a division of Thomson Canada Limited 9 Transient Status  The transient status qualification is no longer required to meet the innkeeper-guest definition.  Hotels are regularly used by local people attending weddings, graduations or other festivities.

10. Copyright © 2007 by Nelson, a division of Thomson Canada Limited 10 Landlord-Tenant Relationship  This type of commercial relationship usually involves a lower room ratea lower room rate a long term staya long term stay different terms used in the accommodation contractdifferent terms used in the accommodation contract a change in the control or supervision of the rooma change in the control or supervision of the room

11. Copyright © 2007 by Nelson, a division of Thomson Canada Limited 11 Landlord-Tenant 2 Relationship  The landlord-tenant relationship also may involve ownership by the tenant of some of the furnishingsownership by the tenant of some of the furnishings reduction of housekeeping servicereduction of housekeeping service a change of address by the person renting the rooma change of address by the person renting the room a change in voter registration to the hotel’s ridinga change in voter registration to the hotel’s riding

12. Copyright © 2007 by Nelson, a division of Thomson Canada Limited 12 Intention of the Parties  A presumption exists that innkeepers intend to receive those who intend to be guests.  However, this presumption is rebuttable with appropriate evidence

13. Copyright © 2007 by Nelson, a division of Thomson Canada Limited 13 The Public Nature of Inns  If there is room, an innkeeper has an around-the-clock duty to provide accommodation for a well-behaved, paying guest.

14. Copyright © 2007 by Nelson, a division of Thomson Canada Limited 14 Duty to Receive  Once a hotel has received a person as a guest, a higher duty of care is owed than is owed to non guests such as patrons of the hotel’s restaurant or barpatrons of the hotel’s restaurant or bar shoppers in the hotel’s main floor boutiquesshoppers in the hotel’s main floor boutiques

15. Copyright © 2007 by Nelson, a division of Thomson Canada Limited 15 Duty to Entertain  The duty of an innkeeper to entertain is defined as the entitlement of a guest to receive hospitality in a respectful and courteous manner.

16. Copyright © 2007 by Nelson, a division of Thomson Canada Limited 16 Formal Beginning of the Relationship  The contractual innkeeper-guest relationship may be commenced by written registrationwritten registration non-written conduct of the partiesnon-written conduct of the parties

17. Copyright © 2007 by Nelson, a division of Thomson Canada Limited 17 Registration  The Hotel Registration of Guests Act requires the name and address of every person admitted as a guest alone or with another.

18. Copyright © 2007 by Nelson, a division of Thomson Canada Limited 18 Registration 2  The owner or manager of a hotel who fails to keep a register or who knowingly permits an untrue statement of information can be fined or jailed.

19. Copyright © 2007 by Nelson, a division of Thomson Canada Limited 19 Other Legislation  Other statutes may require the gathering of more information such as the make of the guest’s vehicle, licence plate number and place of originthe make of the guest’s vehicle, licence plate number and place of origin arrival and departure datesarrival and departure dates the number of the room occupiedthe number of the room occupied

20. Copyright © 2007 by Nelson, a division of Thomson Canada Limited 20 False Registration  Guests providing false information upon registration may be liable to fines and imprisonment.  The rights and obligations of a falsely registered guest are the same as those of a properly registered guest.

21. Copyright © 2007 by Nelson, a division of Thomson Canada Limited 21 Termination of the Relationship  The end of the innkeeper-guest relationship occurs when the innkeeper gives the guest notice to vacatethe innkeeper gives the guest notice to vacate the contracted for duration of the stay has elapsedthe contracted for duration of the stay has elapsed the guest refuses to pay when payment is duethe guest refuses to pay when payment is due the bill is paid in fullthe bill is paid in full