Chapter 20 Carriers and Hotelkeepers Business Law Chapter 20 Carriers and Hotelkeepers

Carriers and Hotel Keepers Kinds of Carriers Common Carrier Transports the general public for pay. Subject to government regulation

Kinds of Carriers Contract Carrier Carrier limits who it will do business with Must take “reasonable care” They are not required to insure goods in their care Covered by rules of Bailment covered in chapter 19

Kinds of Carriers A Private Carrier Carries only their own goods Examples: Store delivery trucks Private planes

Regulation Interstate Commerce is Regulated by the Federal Government Regulation started in 1887. Deregulation was started in 1978 to simplify regulation

Interstate Commerce Commission ICC regulates Rates Disruptions Safety Issues

Common Carriers of Goods Must serve everyone who asks to be served. They are responsible for goods trusted to their care, even if they did nothing wrong.

Common Carriers Exceptions to their responsibility: Acts of God. Act of a “Public Enemy” (Invading Army) Act of Public Authority Example: Goods take for health reasons

Common Carriers More exceptions to responsibility Fault or carelessness of the shipper Mislabeling Poor Packing Nature of the goods Fruit rotting Liquids evaporating

Common Carriers of Passengers Duties to Passengers include offering services to everyone except: When all available space is taken or reserved When passengers are Disorderly Intoxicated Insane Infected with a contagious disease

Common Carriers of Passengers May also refuse service to anyone they consider to be a danger or refuses to consent to a search of their person or baggage. There are other examples of when they may refuse service in the book. They might be on the test.

Common Carriers Must provide refreshments, offer to sell refreshments or provide rest stops where passengers can purchase refreshments.

Common Carriers Removal of Passengers A passenger can be removed for any reason they would not have been allowed on in the first place. A passenger can also be removed for failure to pay the fare. A passenger cannot be left in a place where they are in danger or could suffer great personal loss.

Common Carriers Passenger Safety Generally carriers are responsible for the safety of passengers including acts of it’s employees. Exceptions include: Passengers’ own negligence Passenger violates carriers reasonable rules

Common Carriers Duty ends at the final destination Exception are cruise ships Carrier must warn of dangers at each port of call. Liability ends at the end of the cruise.

Common Carriers Airlines Passengers If you’re bumped due to overbooking You are due “Overbooking Compensation” You get alternative transportation Plus your money back Hotel and meals if needed

Airline Baggage Misdirected bags must be returned at airline’s expense Compensation for some loss of use or replacement items Liability is limited to $ 1,250 per passenger according to the book.

Hotelkeepers Regularly offers room to guests (Called Transients) for a price Relationship starts when a guest surrenders their luggage to a porter or enters hotel transportation and ends when the bill is paid.

HotelKeepers A lodger is a guest who stays for a definite period of time.

HotelKeepers Responsibilities Must take all guests unless a danger to the health or welfare of other guests. They do not need to accept people who cannot pay for their stay.

Guest’s Privacy Hotelkeeper must guaranty the guest’s right to privacy. Guests can sue for invasion of privacy.

Security of Guest’s Property To a certain level hotelkeepers are insurers of their guests property. There are limits on liability set by state statute. Exceptions are made for fires where the hotelkeeper is not at fault. Hotelkeepers must provide a safe for valuables.

Guest’s Comfort and Safety Hotelkeepers must meet certain standards for cleanliness and safety. They can be held libel for negligence if they do not. Rooms must be reasonably quiet and guests must be protected from “criminals, hoodlums and persons of immoral character”

Hotel’s Right to Payment Hotels can have a lien on guest’s personal property until the bill is paid. Roomers (Longer term guests) have additional rights and a lien usually cannot be placed on their property. Laws do vary by state.

Guest’s Obligation You may not have an unregistered guest overnight. You must register at the desk before occupying your room. You must check out when you leave.