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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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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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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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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