Chapter 1: The Canadian Legal System

Transcript Chapter 1: The Canadian Legal System

Chapter 8 The Innkeeper-Guest Relationship

Summary of Objectives

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

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.

History

 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.

Definition of Inn

 The term inn includes • a hotel and motel • an inn • a tourist court and resort • A cabin and lodge • a trailer park • a bed and breakfast Copyright © 2007 by Nelson, a division of Thomson Canada Limited

Definition of Inn

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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.

Definition of Innkeeper Guest Relationship

 Accommodation must be provided, if available, to a person who • is well-behaved • is willing to pay (or is receiving the room on a complimentary basis)

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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.

Landlord-Tenant Relationship

 This type of commercial relationship usually involves • a lower room rate • a long term stay • different terms used in the accommodation contract • a change in the control or supervision of the room Copyright © 2007 by Nelson, a division of Thomson Canada Limited

Landlord-Tenant

Relationship

 The landlord-tenant relationship also may involve • ownership by the tenant of some of the furnishings • reduction of housekeeping service • a change of address by the person renting the room • a change in voter registration to the hotel’s riding

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

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.

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 bar • shoppers in the hotel’s main floor boutiques

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.

Formal Beginning of the Relationship

Registration

 The Hotel Registration of Guests Act requires the name and address of every person admitted as a guest alone or with another.

Registration

 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.

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 origin • arrival and departure dates • the number of the room occupied

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.

Termination of the Relationship

 The end of the innkeeper-guest relationship occurs when • the innkeeper gives the guest notice to vacate • the contracted for duration of the stay has elapsed • the guest refuses to pay when payment is due • the bill is paid in full

Chapter 1: The Canadian Legal System

Transcript Chapter 1: The Canadian Legal System

Chapter 8 The Innkeeper-Guest Relationship

Summary of Objectives

History

History

Definition of Inn

Definition of Inn

Definition of Innkeeper Guest Relationship

Definition of Innkeeper Guest Relationship

Transient Status

Landlord-Tenant Relationship

Landlord-Tenant

Relationship

Intention of the Parties

The Public Nature of Inns

Duty to Receive

Duty to Entertain

Formal Beginning of the Relationship

Registration

Registration

Other Legislation

False Registration

Termination of the Relationship

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