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
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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.
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History
2
 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.
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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
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Definition of Inn
2
 The term inn does not include
• a boarding house
• a rooming house
• homes for seniors
• time-share arrangements
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Definition of InnkeeperGuest 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.
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Definition of InnkeeperGuest Relationship
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 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.
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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
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Landlord-Tenant
Relationship
2
 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
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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
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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.
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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
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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.
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Formal Beginning of the
Relationship
 The contractual innkeeper-guest
relationship may be commenced by
• written registration
• non-written conduct of the parties
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Registration
 The Hotel Registration of Guests Act
requires the name and address of
every person admitted as a guest
alone or with another.
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Registration
2
 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.
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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
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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.
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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
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