1. COPYRIGHT © 2008 by Delmar Learning. ALL RIGHTS RESERVED. Hotel, Restaurant, and Travel Law: A Preventive Approach, Seventh Edition Chapter 9 Rights of Innkeepers

2. COPYRIGHT © 2008 by Delmar Learning. ALL RIGHTS RESERVED. 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

3. COPYRIGHT © 2008 by Delmar Learning. ALL RIGHTS RESERVED. Right to Exclude Nonguests Innkeepers and restaurateurs extend an implied invitation to all, including nonguests, to enter their facility Publics presence on the premises does not constitute trespass Trespasslegal wrong consisting of entering or remaining unlawfully on a premises

4. COPYRIGHT © 2008 by Delmar Learning. ALL RIGHTS RESERVED. 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

5. COPYRIGHT © 2008 by Delmar Learning. ALL RIGHTS RESERVED. 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 trespasseronly after being asked and trespasser refuses

6. COPYRIGHT © 2008 by Delmar Learning. ALL RIGHTS RESERVED. 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

7. COPYRIGHT © 2008 by Delmar Learning. ALL RIGHTS RESERVED. 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

8. COPYRIGHT © 2008 by Delmar Learning. ALL RIGHTS RESERVED. 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 guests arrival

9. COPYRIGHT © 2008 by Delmar Learning. ALL RIGHTS RESERVED. 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

10. COPYRIGHT © 2008 by Delmar Learning. ALL RIGHTS RESERVED. 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

11. COPYRIGHT © 2008 by Delmar Learning. ALL RIGHTS RESERVED. Refusing Lodging to a Would-Be Guest Contd. 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)

12. COPYRIGHT © 2008 by Delmar Learning. ALL RIGHTS RESERVED. 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

13. COPYRIGHT © 2008 by Delmar Learning. ALL RIGHTS RESERVED. 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

14. COPYRIGHT © 2008 by Delmar Learning. ALL RIGHTS RESERVED. Selecting Accommodations for a Guest Which room is assigned to a guest has always been the innkeepers prerogative A hotel might be well-advised to accommodate guest preferences Guests have no legal recourse if denied their preference

15. COPYRIGHT © 2008 by Delmar Learning. ALL RIGHTS RESERVED. Changing a Guests Accommodation Not good policy to change a room or move a guests possessions without notice or permission Should be avoided unless reasons are compelling Inform guest of impending change and provide an explanation

16. COPYRIGHT © 2008 by Delmar Learning. ALL RIGHTS RESERVED. Entering a Guests Room Innkeeper may enter only for reasonable purposes: Normal maintenance and repair Imminent danger Nonpayment When entry is requested by the guest

17. COPYRIGHT © 2008 by Delmar Learning. ALL RIGHTS RESERVED. Entering a Guests Room (continued) Emergency conditions impose a duty to enter a guests room to eliminate the danger

18. COPYRIGHT © 2008 by Delmar Learning. ALL RIGHTS RESERVED. Evicting a Guest Innkeeper has the right to withdraw hotel privileges and evict a guest No more force is used than is necessary Evictremove someone from property

19. COPYRIGHT © 2008 by Delmar Learning. ALL RIGHTS RESERVED. 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

20. COPYRIGHT © 2008 by Delmar Learning. ALL RIGHTS RESERVED. 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

21. COPYRIGHT © 2008 by Delmar Learning. ALL RIGHTS RESERVED. 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

22. COPYRIGHT © 2008 by Delmar Learning. ALL RIGHTS RESERVED. 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

23. COPYRIGHT © 2008 by Delmar Learning. ALL RIGHTS RESERVED. How to Evict Firstinform person he is no longer welcome on the premises and should leave If he remainssecond request should be made

24. COPYRIGHT © 2008 by Delmar Learning. ALL RIGHTS RESERVED. How to Evict (continued) If he still refuses to leave Call the police Use force Forceful eviction should always be the last resort

25. COPYRIGHT © 2008 by Delmar Learning. ALL RIGHTS RESERVED. Verbal Abuse Defamationtort of making false and demeaning statements about a person to a third person Libelwritten defamatory statements Slanderoral defamatory statements

26. COPYRIGHT © 2008 by Delmar Learning. ALL RIGHTS RESERVED. 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

27. COPYRIGHT © 2008 by Delmar Learning. ALL RIGHTS RESERVED. 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

28. COPYRIGHT © 2008 by Delmar Learning. ALL RIGHTS RESERVED. 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

29. COPYRIGHT © 2008 by Delmar Learning. ALL RIGHTS RESERVED. Innkeepers Lien Liensecurity interest in the property of someone who owes money Lien entitles creditor to take possession of the debtors 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

30. COPYRIGHT © 2008 by Delmar Learning. ALL RIGHTS RESERVED. Applicable Property Most property a guest brings to a hotel is covered by the lien Coverage does not extend to a persons necessary apparel and certain personal jewelry (wedding rings) Goods of ones spouse are not subject to lien when indebtedness is solely that of the other spouse

31. COPYRIGHT © 2008 by Delmar Learning. ALL RIGHTS RESERVED. Applicable Charges Guest room charges Service charges for delivery of a guests baggage to and from the hotel Valet service Room service C.O.D. charges

32. COPYRIGHT © 2008 by Delmar Learning. ALL RIGHTS RESERVED. Termination of Lien Lien terminates when bill is paid Hotelkeeper must then return any property seized pursuant to the lien

33. COPYRIGHT © 2008 by Delmar Learning. ALL RIGHTS RESERVED. 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

34. COPYRIGHT © 2008 by Delmar Learning. ALL RIGHTS RESERVED. 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

35. COPYRIGHT © 2008 by Delmar Learning. ALL RIGHTS RESERVED. Not an Exclusive Remedy The hotelier can also sue the guest for breach of contract

36. COPYRIGHT © 2008 by Delmar Learning. ALL RIGHTS RESERVED. 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

37. COPYRIGHT © 2008 by Delmar Learning. ALL RIGHTS RESERVED. Defrauding the Hotelkeeper or Restaurateur (continued) Larcenytheft of property Theft of servicesreceipt of services without payment

38. COPYRIGHT © 2008 by Delmar Learning. ALL RIGHTS RESERVED. Intent to Defraud Criminal cases are different from civil cases Civil caseplaintiff seeks compensation Criminal casepenalties can include jail time and resulting loss of freedom

39. COPYRIGHT © 2008 by Delmar Learning. ALL RIGHTS RESERVED. 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

40. COPYRIGHT © 2008 by Delmar Learning. ALL RIGHTS RESERVED. Intent to Defraud (continued) To establish a defendants guilt of a crime, prosecutor must prove two elements Defendant obtained food or lodging without paying for it Defendant intended to avoid payment

41. COPYRIGHT © 2008 by Delmar Learning. ALL RIGHTS RESERVED. 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 owners name

42. COPYRIGHT © 2008 by Delmar Learning. ALL RIGHTS RESERVED. Fraudulent Payment (continued) Criminal possession of stolen property when a person knowingly possesses stolen property with intent to benefit someone other than the owner Forgeryunauthorized alteration, completion, or making of a written instrument (check or credit card) with intent to defraud or deceive

43. COPYRIGHT © 2008 by Delmar Learning. ALL RIGHTS RESERVED. 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