Chapter 9 – Innkeepers
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Transcript Chapter 9 – Innkeepers
Chapter 9
Innkeepers
Summary of Objectives
To identify the rights of innkeepers
To identify the obligations of
innkeepers
To examine successful operating
procedures
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Thomson Canada Limited
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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.
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Thomson Canada Limited
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Right to Refuse Accommodation
An innkeeper can refuse
accommodation when
• there are no rooms available
• some rooms are unoccupied but
o they are reserved for another guest, or
o they are under repair
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Right to Refuse Accommodation
If overbooking places the innkeeper in
breach of contract.
• 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.
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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.
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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 pay
• breaking house rules
• using the room for immoral or illegal purposes
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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.
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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.
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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.
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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.
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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.
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Thomson Canada Limited
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Right to Enter a Room
An innkeeper can enter a guest’s room
only when invited or for specific
purposes such as
• housekeeping
• repairs
• evictions
• emergencies
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Payment for Services
An innkeeper can accept payment for services in
the following ways:
• Cash
• Cheque – may be refused unless certified or a bank
draft
• Credit card – may be refused if limit exceeded or if card
has expired
• Debit card
• Payment in kind
• Payment in services
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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.
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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.
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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.
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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.
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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.
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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.
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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.
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