Chapter 10
Your
Responsibilities
as a Hospitality
Operator to
Guests
Your Responsibilities as a
Hospitality Operator to Guests



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Accommodating Guests
Guest Privacy
Facility Maintenance
Responsibilities To Nonguests
Removal Of Guests
© 2012 Stephen C. Barth P.C. and John Wiley & Sons, Inc.
All Rights Reserved
In This Chapter, You Will Learn:
1.
2.
3.
To understand your legal responsibility to
admit guests, and the circumstances when
such admission can be denied.
To protect the guest’s right to privacy.
To operate and maintain a facility in a way
that maximizes the safety of guests and
compliance with the law, including Title III of
the Americans with Disabilities Act (ADA).
© 2012 Stephen C. Barth P.C. and John Wiley & Sons, Inc.
All Rights Reserved
In This Chapter, You Will Learn:
4.
5.
To differentiate among various types of
nonguests, and understand your
obligations toward them.
To generate the procedures required to
safely and legally remove guests from a
property.
© 2012 Stephen C. Barth P.C. and John Wiley & Sons, Inc.
All Rights Reserved
Accommodating Guests

Legalese:
Guest - A customer who lawfully utilizes a
facility’s food, beverage, lodging, or
entertainment services.
© 2012 Stephen C. Barth P.C. and John Wiley & Sons, Inc.
All Rights Reserved
Analyze the Situation 10.1
Nicole Frost and Steve Merchand were
brother and sister. When their grandfather,
Wayne Merchand, was hospitalized for care
after a heart attack, the two began to visit him
regularly at Laurel Memorial Hospital.
One Sunday afternoon, after visiting with
their grandfather, Nicole and Steve went to the
hospital's cafeteria for a light lunch. A
professional foodservice management
company operated the cafeteria under contract
to the hospital.
© 2012 Stephen C. Barth P.C. and John Wiley & Sons, Inc.
All Rights Reserved
Analyze the Situation 10.1
Nicole and Steve selected their lunches from an
assortment of beverages and prewrapped
sandwiches that were displayed unrefrigerated
on a tray in the middle of the cafeteria serving
line. The sandwiches were made of ham and
cheese, with a salad dressing spread, lettuce,
and tomato. Steve paid for the sandwiches,
beverages, and some chips; then he and Nicole
took a seat in the cafeteria dining room.
© 2012 Stephen C. Barth P.C. and John Wiley & Sons, Inc.
All Rights Reserved
Analyze the Situation 10.1
Approximately four hours after eating
lunch, both Steve and Nicole became ill. They
determined that they both had suffered a
food-borne illness. The two filed suit against
the hospital and its contract foodservice
management company. When the facts of
the case came out, the hospital maintained
that, as visitors, not patients, the hospital
had no liability toward Nicole and Steve.
© 2012 Stephen C. Barth P.C. and John Wiley & Sons, Inc.
All Rights Reserved
Analyze the Situation 10.1
The foodservice management company
operating the hospital cafeteria maintained
that its liability extended only to Steve since
he was the only guest who in fact purchased
food from its service. Management
maintained it should not be held responsible
for the illness suffered by an individual that
they did not actually serve.
© 2012 Stephen C. Barth P.C. and John Wiley & Sons, Inc.
All Rights Reserved
Analyze the Situation 10.1
1.
2.
3.
Was Nicole a guest of the foodservice
facility?
Should Steve bear partial responsibility
for the damage he and Nicole suffered,
given that he purchased the sandwiches?
What type of liability (from Chapter 9,
“Your Responsibilities as a Hospitality
Operator”) applies in this case? Why?
© 2012 Stephen C. Barth P.C. and John Wiley & Sons, Inc.
All Rights Reserved
Accommodating Guests

Legalese:
Transient Guest - A customer who rents
real property for a relatively short
period of time (e.g., small number of
days with no intent of establishing a
permanent residency).
© 2012 Stephen C. Barth P.C. and John Wiley & Sons, Inc.
All Rights Reserved
Accommodating Guests

Legalese:
Tenant - Anyone, including a corporation,
who rents real property for an
extended period of time with the intent
of establishing a permanent occupation
or residency.
© 2012 Stephen C. Barth P.C. and John Wiley & Sons, Inc.
All Rights Reserved
Definition of a Guest

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Billing format.
Tax payment.
Address use.
Contract format.
Existence of deposit.
Length of stay.
© 2012 Stephen C. Barth P.C. and John Wiley & Sons, Inc.
All Rights Reserved
Analyze the Situation 10.2
Ketan Patel operated the Heartworth
Suites, an extended-stay, limited-service
hotel of 85 rooms. Approximately 40 percent
of his guests were "extended-stay," which
Mr. Patel's company defined as a stay longer
than five consecutive days. The remaining
rooms were sold to traditional transient
guests, whose average stay was
approximately 1.8 days.
© 2012 Stephen C. Barth P.C. and John Wiley & Sons, Inc.
All Rights Reserved
Analyze the Situation 10.2
Bob Thimming was an extended-stay
guest at the Heartworth, and an employee of
Katy Highway Contractors. Mr. Thimming
held the position of construction foreman for
a stretch of interstate highway being repaired
in the vicinity of the Heartworth Suites.
© 2012 Stephen C. Barth P.C. and John Wiley & Sons, Inc.
All Rights Reserved
Analyze the Situation 10.2
His company signed a contract with the
Heartworth confirming that Mr. Thimming
would be given a special monthly, rather
than daily rate, because he was staying in
the hotel for six consecutive months as part
of his work assignment.
In the third month of his stay, Mr.
Thimming arrived at the hotel from his job
site at approximately 5:30 P.M. to find the
door to his room ajar.
© 2012 Stephen C. Barth P.C. and John Wiley & Sons, Inc.
All Rights Reserved
Analyze the Situation 10.2
He entered the room and discovered that his
$4,000 watch, which he had left on the
nightstand, was missing. Mr. Thimming
contacted Mr. Patel to complain of the theft.
Because the hotel was equipped with
electronic locks, Mr. Patel was able to
perform a lock audit and retrieved the
following information for the day in question:
© 2012 Stephen C. Barth P.C. and John Wiley & Sons, Inc.
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Analyze the Situation 10.2
Time
Key used
Key Issued To
6:30 A.M. 7J 105-60 Guest
6:32 A.M. 7J 105-60 Guest
1:30 P.M. 1M 002-3 Maintenance
© 2012 Stephen C. Barth P.C. and John Wiley & Sons, Inc.
All Rights Reserved
Result
Entry
Entry
Entry
Analyze the Situation 10.2
Mr. Thimming maintained that someone
negligently left the door open, and as a
result, his watch was stolen. He contacted his
company, whose in-house attorney called Mr.
Patel. The attorney stated that Mr. Thimming
was a tenant of the hotel, and as a landlord,
Mr. Patel was responsible for the negligent
acts of his employee and should reimburse
Mr. Thimming for his loss.
© 2012 Stephen C. Barth P.C. and John Wiley & Sons, Inc.
All Rights Reserved
Analyze the Situation 10.2
Mr. Patel replied that Mr. Thimming was not a
tenant but a transient guest, and thus was subject
to a state law that limits an innkeeper's liability in
such cases to $350. The attorney disagreed,
based on the six-month “lease” signed by Katy
Highway Contractors for Mr. Thimming. He
demanded that the watch be replaced and
threatened to file suit if it was not. Mr. Patel
contacted his attorney, who offered, based on his
view of the complexity of the case, to defend the
Heartworth Suites for $3,000, with a required
retainer (down payment) of $2,000.
© 2012 Stephen C. Barth P.C. and John Wiley & Sons, Inc.
All Rights Reserved
Analyze the Situation 10.2
1.
2.
3.
Was Mr. Thimming a transient guest or a
tenant?
Why is the distinction important in this
situation?
What should Mr. Patel do in the future to
avoid the expense of litigation such as
this?
© 2012 Stephen C. Barth P.C. and John Wiley & Sons, Inc.
All Rights Reserved
Admitting Guests

Legalese:
Public Accommodation - A facility that
provides entertainment, rooms, space
or seating for the use and benefit of
the general public.
© 2012 Stephen C. Barth P.C. and John Wiley & Sons, Inc.
All Rights Reserved
Admitting Guests

Legalese:
Segregate - To separate a group or
individual on any basis, but especially
by race, color, religion, or national
origin.
© 2012 Stephen C. Barth P.C. and John Wiley & Sons, Inc.
All Rights Reserved
Search the Web 10.1
Log on to the Internet and enter
www.usconstitution.net/.
1.
Select: Plain text version of the Constitution, under
the heading The United States Constitution.
2.
Scroll until you reach the Fourteenth Amendment,
and read it carefully.
3.
Are women specifically mentioned in the Fourteenth
Amendment?
4.
How does the wording of this amendment impact
admission policies in the hospitality industry?
5.
Do you believe the amendment prohibits “ladies
only” or “men only” nights?
© 2012 Stephen C. Barth P.C. and John Wiley & Sons, Inc.
All Rights Reserved
Denying Admission to Guests
1.
2.
3.
4.
The individual cannot show the ability to
pay for services provided.
The individual has a readily
communicable disease.
The individual wishes to enter the facility
with an item that is prohibited.
The individual is intoxicated.
© 2012 Stephen C. Barth P.C. and John Wiley & Sons, Inc.
All Rights Reserved
Denying Admission to Guests
5.
6.
7.
8.
The individual presents a threat to
employees or other guests.
The individual does not seek to become
a guest.
The individual is too young.
The facility is full.
© 2012 Stephen C. Barth P.C. and John Wiley & Sons, Inc.
All Rights Reserved
Guest Privacy



Expectation of privacy
Right of entry by innkeeper
Guest records
© 2012 Stephen C. Barth P.C. and John Wiley & Sons, Inc.
All Rights Reserved
Analyze the Situation 10.3
Jessica Bristol and her two young children
checked into room 104 of the Travel-In motel
at 9:00 P.M. on Friday night. She produced a
credit card issued in her name as a form of
payment, and requested that she be given
the room for two nights.
© 2012 Stephen C. Barth P.C. and John Wiley & Sons, Inc.
All Rights Reserved
Analyze the Situation 10.3
On Saturday afternoon, a man identifying
himself as Preston Bristol, Jessica Bristol's
husband, presented himself at the front desk
and asked for the key that she was supposed
to have left for him at the front desk. He
stated that he was joining his wife and
children at the motel; they were visiting
relatives, but he had to work the day before.
© 2012 Stephen C. Barth P.C. and John Wiley & Sons, Inc.
All Rights Reserved
Analyze the Situation 10.3
The desk clerk replied that no key had
been left, and proceeded to call the room to
inform Jessica Bristol that her husband was
at the front desk. There was no answer in
the room.
Preston Bristol then produced his driver's
license for the desk clerk, which had the
same address that Jessica Bristol had used
on her registration card.
© 2012 Stephen C. Barth P.C. and John Wiley & Sons, Inc.
All Rights Reserved
Analyze the Situation 10.3
Mr. Bristol also produced a credit card issued
in his name with the same account number
as that used by Jessica Bristol at check-in. As
the clerk perused the license and credit card,
Mr. Bristol offhandedly referred to a picture
in his wallet of Jessica Bristol and his two
children. Based on the positive identification,
the clerk issued Mr. Bristol a key to Jessica
Bristol's room.
© 2012 Stephen C. Barth P.C. and John Wiley & Sons, Inc.
All Rights Reserved
Analyze the Situation 10.3
At approximately 6:00 P.M. on
Saturday, a guest in room 105 called the
front desk to complain about a loud
argument in room 104, Jessica Bristol's
room. The desk clerk called room 104, but
got no answer. The clerk then called the
local police. When they arrived, they found
Jessica Bristol badly beaten, and her
children missing. A description of Mr.
Bristol's car quickly led to his arrest and
the recovery of the children by the police.
© 2012 Stephen C. Barth P.C. and John Wiley & Sons, Inc.
All Rights Reserved
Analyze the Situation 10.3
Jessica Bristol recovered from her injuries and
completed the divorce proceedings she had begun
against her husband. In addition, she filed assault and
battery charges against him. Jessica Bristol also sued
the motel's manager, owner, and franchise company
for $8 million, stating that the motel was negligent
and had violated her right to privacy. The motel's
position was that it acted reasonably to ensure Mr.
Bristol's identity, and added that it was not an insurer
of guest safety and could not have foreseen Mr.
Bristol's actions.
© 2012 Stephen C. Barth P.C. and John Wiley & Sons, Inc.
All Rights Reserved
Analyze the Situation 10.3
1.
2.
3.
Did the desk clerk act in a reasonable
manner?
Did Mr. Bristol have a right to enter the
room?
What should management do in the
future to prevent such an occurrence?
© 2012 Stephen C. Barth P.C. and John Wiley & Sons, Inc.
All Rights Reserved
Important Areas in Hotel
Liability



Swimming pools
Spas
Workout areas
© 2012 Stephen C. Barth P.C. and John Wiley & Sons, Inc.
All Rights Reserved

Do you want to add a slide or two about
Bed bugs and Defibrillator???
© 2012 Stephen C. Barth P.C. and John Wiley & Sons, Inc.
All Rights Reserved
Americans with Disabilities Act
(ADA), Title III
Under Title III of the ADA, any private entity
that owns, leases to, or operates an existing
public accommodation has four specific
requirements:
1.
2.
Getting guests and employees into the
facility.
Providing auxiliary aids and services so
that people with disabilities have access to
effective means of communication.
© 2012 Stephen C. Barth P.C. and John Wiley & Sons, Inc.
All Rights Reserved
Americans with Disabilities Act
(ADA), Title III
3.
4.
Modifying any policies, practices, or
procedures that may be discriminatory or
have a discriminatory effect.
Ensuring that there are no unnecessary
eligibility criteria that tend to screen out or
segregate individuals with disabilities or limit
their full and equal enjoyment of the place
of public accommodation.
© 2012 Stephen C. Barth P.C. and John Wiley & Sons, Inc.
All Rights Reserved
Americans with Disabilities Act
(ADA), Title III Priorities
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Priority 1:
entrance
Priority 2:
Priority 3:
Priority 4:
Accessible approach and
Access to goods and services
Access to rest rooms
Any other measures necessary
© 2012 Stephen C. Barth P.C. and John Wiley & Sons, Inc.
All Rights Reserved
Five Steps to Facility Evaluation
1.
2.
3.
4.
5.
Plan the evaluation.
Conduct the survey.
Summarize recommendations.
Plan for improvements.
Document efforts.
© 2012 Stephen C. Barth P.C. and John Wiley & Sons, Inc.
All Rights Reserved
Search the Web 10.2
Log on to the Internet and enter
www.usdoj.gov/crt/ada/adahom1.htm
1.
Select: 2010 ADA Standards for Accessible Design.
2.
Select: 2010 ADA Standards for Accessible Design,
either in HTML or PDF format.
3.
Browse through the standards established for
accessible design and answer the following questions.
a)
b)
c)
How many rooms with a roll-in shower are required for a hotel with
800 rooms?
How many rooms in the same size hotel must be designed to
accommodate the visually impaired?
Explain the term “equivalent facilitation” as it pertains to room
charges for disabled guests.
© 2012 Stephen C. Barth P.C. and John Wiley & Sons, Inc.
All Rights Reserved
Responsibilities to Nonguests



Guests of Guests
Invitees
Trespassers
© 2012 Stephen C. Barth P.C. and John Wiley & Sons, Inc.
All Rights Reserved
Responsibilities to Nonguests

Legalese:
Invitee - An individual who is on a
property at the expressed or implied
consent of the owner.
© 2012 Stephen C. Barth P.C. and John Wiley & Sons, Inc.
All Rights Reserved
Analyze the Situation 10.4
Walter Thomas was visiting Jeff
Placer, who had registered as a guest at
a newly opened Lodger-Inn hotel. The
hotel was located off an interstate
highway exit; it had been open for only
three days. When Mr. Thomas left Mr.
Placer's room in the evening, he was
assaulted in the hotel's parking lot.
© 2012 Stephen C. Barth P.C. and John Wiley & Sons, Inc.
All Rights Reserved
Analyze the Situation 10.4
Mr. Thomas contacted an attorney
who threatened to sue the hotel for the
injuries. Lashondra Tyson, the attorney for the
hotel, replied to Mr. Thomas's attorney that
the hotel was not responsible for the acts of
third parties, and that the hotel had no history
of criminal activity taking place on its grounds,
thus it could not have foreseen any potential
problem. In addition, Mr. Thomas was not a
registered guest in the hotel.
© 2012 Stephen C. Barth P.C. and John Wiley & Sons, Inc.
All Rights Reserved
Analyze the Situation 10.4
Mr. Thomas's attorney replied that many
hotels experience problems in their parking
lots, thus the hotel should, in fact, have
anticipated potential problems. He also
stated that Mr. Thomas was an invitee of the
hotel and thus the hotel was required to
guard his interest in the same manner as
that of a guest.
© 2012 Stephen C. Barth P.C. and John Wiley & Sons, Inc.
All Rights Reserved
Analyze the Situation 10.4
1.
2.
3.
What was the legal status of Mr. Thomas?
Why is the distinction important in this
situation?
What records would Ms. Tyson need from
the hotel's manager to give her the best
chance of winning any potential lawsuit?
© 2012 Stephen C. Barth P.C. and John Wiley & Sons, Inc.
All Rights Reserved
Removal of Guests
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Lack of Payment
Inappropriate Conduct
Overstays
Accident, Illness, or Death
© 2012 Stephen C. Barth P.C. and John Wiley & Sons, Inc.
All Rights Reserved
Removal of Guests

Legalese:
Eviction - Removal of a tenant from rental
property by a laws enforcement officer.
An eviction is the result of a landlord
filing and winning a special lawsuit
known as an “unlawful detainer.”
© 2012 Stephen C. Barth P.C. and John Wiley & Sons, Inc.
All Rights Reserved
Removal of Guests

Legalese:
Small Claims Court - A court designed
especially to hear lawsuits entailing
relatively small sums of money. They
can provide a speedy method of
making a claim without the necessity of
hiring a lawyer and engaging in a
formal trial.
© 2012 Stephen C. Barth P.C. and John Wiley & Sons, Inc.
All Rights Reserved
Removal of Guests

Legalese:
Overstay - A guest who refuses to vacate
his or her room when he or she has
exceeded the number of nights
originally agreed to at check-in.
© 2012 Stephen C. Barth P.C. and John Wiley & Sons, Inc.
All Rights Reserved
What Would You Do?
You are the Area Vice President of franchising
for a Quick Service Restaurant (QSR) company that
serves a unique grilled chicken product, which has
become extremely popular. Because of a strong
marketing effort and solid operating results, your
company’s growth has been very rapid. In your
five-state area, the company is considering
purchasing a small chain of 15 units that sells a
comparable chicken product.
© 2012 Stephen C. Barth P.C. and John Wiley & Sons, Inc.
All Rights Reserved
What Would You Do?
Those units, consisting of older
buildings in excellent locations, are to
be converted to units owned and
operated by your company. Your
immediate supervisor, the company
President, has asked you to respond to
the following:
© 2012 Stephen C. Barth P.C. and John Wiley & Sons, Inc.
All Rights Reserved
What Would You Do?
1.
2.
3.
How will you determine which units are not
in compliance with Title III, ADA
requirements?
What criteria will you use for prioritizing
needed improvements?
How will you document a good-faith effort
to meet Title III, ADA requirements?
Draft answers to your President’s questions.
© 2012 Stephen C. Barth P.C. and John Wiley & Sons, Inc.
All Rights Reserved
Rapid Review
1.
2.
3.
Identify at least four types of guests who could
and/or should be denied service, and the reason for
denial in each case.
Explain how a guest’s room in a hotel is similar to
his or her home for purposes of a legal search.
Create a 10-minute training program to be used to
teach new employees the importance of, and
procedures for, cleaning up dining room spills and
slick spots as quickly as possible. Include a testing
device to measure the effectiveness of your training.
© 2012 Stephen C. Barth P.C. and John Wiley & Sons, Inc.
All Rights Reserved
Rapid Review
4.
5.
6.
List the four priorities established for ADA
compliance, and explain why you agree or disagree
with the prioritization.
Using the checklist provided in this chapter,
evaluate the ADA compliance of a public restroom in
your local library, museum, or art gallery.
Exculpatory statements (described in Chapter 2,
“Hospitality Contracts”) are often posted in
recreational facilities, exercise rooms, pools, and
spas. Explain their purpose and identify their
limitations.
© 2012 Stephen C. Barth P.C. and John Wiley & Sons, Inc.
All Rights Reserved
Rapid Review
7.
8.
Contact your local small claims court administrator
to determine:
a) The location of the court
b) The maximum dollar amount of judgment the
court can order
c) Any fees required to file a claim
d) The forms required to file a claim
Develop a one-page checklist of actions that
should be undertaken by a hotel staff to remove an
extremely ill or deceased person from a room.
© 2012 Stephen C. Barth P.C. and John Wiley & Sons, Inc.
All Rights Reserved