Chapter § 4.03 RESPONSIBILITY TO GUESTS AND NON-GUESTS
Jurisdiction | United States |
Publication year | 2021 |
§ 4.03 Responsibility to Guests and Non-Guests
The legal obligations between the traveler and the hotel depend upon whether the traveler is a guest. If the hotel physically accepts the traveler as a guest, and, actually, provides accommodations or services based upon that status, then the hotel is bound to perform its common law duties as modified by statute. The act of physical acceptance is critical since it gives the innkeeper an opportunity to accept or reject the traveler.178 Acceptance need not be formal but will be implied when a room is assigned or food provided. If the innkeeper properly refuses to accept the guest, then the hotel is not bound to perform its common law duties. Since the act of acceptance depends upon the situs of the hotel, the common or civil law obligations flowing to the guest may be defined by local law.
A non-guest can, of course, have a legal relationship with a hotel but that relationship does not entail the innkeeper's common law duties. For example, the hotel's standard of care in protecting persons from the criminal misconduct of others will depend upon whether the injured person was a guest or a non-guest.179
From the standpoint of travel litigation, the difference between guest and nonguest can be substantial.180 Historically, the traveler presents himself at the hotel and demands a room, the hotel is under a duty to provide accommodations if they are available.181 If the hotel improperly refuses to perform this duty then it may be held strictly liable and punitive damages may be recovered.182 The hotel may be equally liable if it physically accepts the traveler as a guest and then improperly ejects him.183 However, if the hotel "accepts" the traveler by promising to deliver future accommodations which later become unavailable, then the hotel may insulate itself from its common law duties.184 The traveler may purchase a confirmed reservation, rely upon the availability of hotel accommodations, travel 4000 miles, arrive tired and weary, demand his paid for accommodations and be refused admittance because no rooms are available.185 Even though the hotel contracted for the delivery of accommodations, its refusal to deliver may not render it strictly liable for violating the common law. In this situation, the traveler must sue the hotel for breach of contract, negligence or fraud, and must prove liability. The courts are divided as to whether compensatory or punitive damages may be recovered if liability is proved.186
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- Travel Law
- Front Matter
- Dedication
- Foreword
- Chapter § 1.01 THE NATURE OF THE TRAVEL INDUSTRY
- Chapter § 1.02 THE NATURE OF TRAVEL LAW
- Chapter § 1.03 TRAVEL ABROAD, SUE AT HOME
- Chapter § 2.01 INTRODUCTION
- Chapter § 2.02 PASSENGER SAFETY AND ACCESSIBILITY
- Chapter § 2.03 MARKETING OF AIR TRANSPORTATION
- Chapter § 2.04 CONTRACT OF CARRIAGE
- Chapter § 2.05 PHYSICAL INJURIES
- Chapter § 2.06 FLIGHT DELAYS
- Chapter § 2.07 LOST, DAMAGED, DELAYED AND MISHANDLED BAGGAGE
- Chapter § 2.08 MISINFORMATION
- Chapter § 2.09 [RESERVED]
- Chapter § 2.10 [RESERVED]
- Chapter § 2.11 ANTITRUST CONSIDERATIONS
- Chapter § 2A.01 OVERVIEW OF THE WARSAW AND MONTREAL CONVENTIONS
- Chapter § 2A.02 PASSENGER SAFETY AND ACCESSIBILITY
- Chapter § 2A.03 JURISDICTION AND OTHER PROCEDURAL PROBLEMS [1] "INTERNATIONAL TRANSPORTATION BY AIRCRAFT
- Chapter § 2A.04 AIR CARRIER LIABILITY
- Chapter § 2A.05 LIMITATIONS ON AIR CARRIER LIABILITY
- Chapter § 2A.06 SANCTIONS OVERRIDING LIMITATIONS ON AIR CARRIER LIABILITY
- Chapter § 2A.07 FOREIGN INTRA-COUNTRY AVIATION ACCIDENTS NOT COVERED BY THE MONTREAL CONVENTION
- Chapter § 3.01 PROBLEM AREAS
- Chapter § 3.02 CRUISE SHIPS
- Chapter § 3.03 RECREATIONAL BOATING AND BOAT TOUR ACCIDENTS
- Chapter § 3.04 RENTAL CARS
- Chapter § 4.01 PROBLEM AREAS
- Chapter § 4.02 MARKETING OF HOTEL AND RESORT SERVICES
- Chapter § 4.03 RESPONSIBILITY TO GUESTS AND NON-GUESTS
- Chapter § 4.04 LIABILITY OF HOTELS AND RESORTS FOR COMMON TRAVEL PROBLEMS
- Chapter § 4.05 DISHONORING RESERVATIONS: HOTEL OVERBOOKING
- Chapter § 4.06 [RESERVED]
- Chapter § 4.07 JURISDICTION OVER FOREIGN HOTELS AND RESORTS
- Chapter § 4.09 CHOICE OF LAWS
- Chapter § 5.01 INTRODUCTION TO THE WHOLESALE AND RETAIL DISTRIBUTION OF TRAVEL SERVICES
- Chapter § 5.02 SAFETY AND SECURITY POST-SEPTEMBER 11, 2001
- Chapter § 5.03 FALSE, MISLEADING AND DECEPTIVE ADVERTISING IN THE TRAVEL INDUSTRY
- Chapter § 5.04 TOUR OPERATORS, WHOLESALERS AND PUBLIC CHARTERS
- Chapter § 5.05 RETAIL TRAVEL AGENTS
- Chapter § 5.06 [RESERVED]
- Chapter § 5.07 INFORMAL TRAVEL PROMOTERS AND SPONSORS
- Chapter § 5.08 [RESERVED]
- Chapter § 5.09 TRAVEL INSURANCE AND PERFORMANCE BONDS: COVERAGE ISSUES
- Chapter § 6.01 THE IMPACT OF CLASS ACTIONS
- Chapter § 6.02 [RESERVED]
- Chapter § 6.03 [RESERVED]
- Chapter § 6.04 [RESERVED]
- Chapter § 6.05 [RESERVED]
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