1. Chapter 9 Innkeepers

2. Copyright © 2007 by Nelson, a division of Thomson Canada Limited 2 Summary of Objectives  To identify the rights of innkeepers  To identify the obligations of innkeepers  To examine successful operating procedures

3. Copyright © 2007 by Nelson, a division of Thomson Canada Limited 3 Introduction to Innkeepers  In general, innkeepers owe duties to guests and must respect their rights.  Similarly, guests must meet their obligations and respect the rights of innkeepers.

4. Copyright © 2007 by Nelson, a division of Thomson Canada Limited 4 Right to Refuse Accommodation  An innkeeper can refuse accommodation when there are no rooms availablethere are no rooms available some rooms are unoccupied butsome rooms are unoccupied but othey are reserved for another guest, or othey are under repair

5. Copyright © 2007 by Nelson, a division of Thomson Canada Limited 5 Right to Refuse Accommodation 2  If overbooking places the innkeeper in breach of contract. The innkeeper has a duty to secure comparable accommodation elsewhere for the guest.The innkeeper has a duty to secure comparable accommodation elsewhere for the guest. The guest has a duty to mitigate losses and accept the alternatives.The guest has a duty to mitigate losses and accept the alternatives.

6. Copyright © 2007 by Nelson, a division of Thomson Canada Limited 6 Right to Refuse Someone Without Luggage  Technically, this innkeeper right still exists.  This excuse for a refusal is often provided if the innkeeper suspects the room will be misused by the guest.  However, a refusal to accommodate on this basis may leave the innkeeper open to a human rights challenge.

7. Copyright © 2007 by Nelson, a division of Thomson Canada Limited 7 Right to Refuse Service Where Warranted  A guest’s former track record as a guest with the hotel may provide the innkeeper with a right to refuse service.  Examples of past guest conduct which may provide grounds for a right to refuse are failing to payfailing to pay breaking house rulesbreaking house rules using the room for immoral or illegal purposesusing the room for immoral or illegal purposes

8. Copyright © 2007 by Nelson, a division of Thomson Canada Limited 8 Right to Refuse Pets  With the exception of a guest bringing a seeing eye dog, an innkeeper can refuse a guest who has brought a pet.

9. Copyright © 2007 by Nelson, a division of Thomson Canada Limited 9 Right to Set Rates  In general, room rates can be set and reset, including changes for seasonal fluctuations.  However, hotels which band together to fix prices can be fined.

10. Copyright © 2007 by Nelson, a division of Thomson Canada Limited 10 Right to Privity of Contract  An innkeeper has a contractual relationship with the original guest only.  A guest cannot assign his or her right to a room to another person without the consent of the innkeeper.

11. Copyright © 2007 by Nelson, a division of Thomson Canada Limited 11 Right to Select the Room  An innkeeper has the right to select the room a guest will be offered.  However, an innkeeper cannot confine visible minorities to separate areas of the hotel.

12. Copyright © 2007 by Nelson, a division of Thomson Canada Limited 12 Right to Change the Room  An innkeeper has the right to ask a guest to relocate to another room.  Typical reasons for the request to relocate include: providing a whole floor for an incoming group; or, if the guest is alone on a floor, asking him or her to move to streamline housekeeping services.

13. Copyright © 2007 by Nelson, a division of Thomson Canada Limited 13 Right to Enter a Room  An innkeeper can enter a guest’s room only when invited or for specific purposes such as housekeepinghousekeeping repairsrepairs evictionsevictions emergenciesemergencies

14. Copyright © 2007 by Nelson, a division of Thomson Canada Limited 14 Payment for Services  An innkeeper can accept payment for services in the following ways: CashCash Cheque – may be refused unless certified or a bank draftCheque – may be refused unless certified or a bank draft Credit card – may be refused if limit exceeded or if card has expiredCredit card – may be refused if limit exceeded or if card has expired Debit cardDebit card Payment in kindPayment in kind Payment in servicesPayment in services

15. Copyright © 2007 by Nelson, a division of Thomson Canada Limited 15 Right to Collect Payment  After holding the personal property of a guest for the applicable period and after placing a notice in the local newspaper, an innkeeper can sell the guest’s personal property at auction.

16. Copyright © 2007 by Nelson, a division of Thomson Canada Limited 16 Right to Establish House Rules  Reasonable house rules protect the inn and protect the rights of other guests.  Rules should be posted in guest rooms and in other applicable areas, such as swimming pools.

17. Copyright © 2007 by Nelson, a division of Thomson Canada Limited 17 Right to Evict Guests  When an innkeeper requests that a guest leave the hotel, the request should be made privately and politely.  A guest should be asked to leave twice before involving the police.

18. Copyright © 2007 by Nelson, a division of Thomson Canada Limited 18 Eviction at the End of the Stay  Innkeepers should ensure that standard operating procedures are in place to handle someone who overstays.  The innkeeper may explain that the room is required for a guest with a reservation.

19. Copyright © 2007 by Nelson, a division of Thomson Canada Limited 19 Persons of Ill Repute  It is not always easy to identify those persons engaged in illegal gambling, drug deals or prostitution.  An innkeeper should beware of the risks associated with defamation if his or her suspicions are false.

20. Copyright © 2007 by Nelson, a division of Thomson Canada Limited 20 Right to Evict a Non Guest  An innkeeper has the right to ask loiterers and non guests to leave.  First, however, it is wisest to ask the nature of their business on the premises.

21. Copyright © 2007 by Nelson, a division of Thomson Canada Limited 21 Right to Make a Citizen’s Arrest  Although an innkeeper has the right to make a citizen’s arrest, a mistake in detaining someone suspected of an indictable offence may lead to liability for false imprisonment.