Guests and Other Patrons
Why is Qualification as a Guest Important?
  • has legal significance
  • the duty we owe guests is greater than the duty we owe others
Who Qualifies as a Guest?
  • to qualify as a guest, the visit must be for the primary purpose for which the inn operates
  • in general, people are not guests unless they require overnight accommodations
When Does the Guest-Innkeeper Relationship Begin?
  • this is a contractual relationship
  • guest status may arise once the intention is formulated
    • the intent must be to rent a room
    • a person walking into a hotel with the intention of renting a room is a guest if the hotel has a room for rent
    • registration clearly establishes the relationship
    • delivering luggage to a hotel employee
    • when a person steps into a hotel van at the airport and gives the driver luggage
  • the status of guest is not immediately terminated upon check-out, instead the relationship remains for a reasonable period of time while the guest remains on the hotel premises
Termination of the Guest-Innkeeper Relationship
  1. when the contractual time has ended and has not been extended
  2. the bill is not paid when due
  3. due notice is given to vacate the hotel
  4. the bill has been paid (although the person is allowed of reasonable amount of time to vacate the property)
Landlord-Tenant Relationship
  • a person who rents a hotel room on a long-term basis may have the legal status of a tenant rather than a guest
  • the duty owed to a tenant is different than the duty owed a guest
  • how do we determine of the guest is a tenant?
    • the terms of the contract
    • the extent of control or supervision of the room the innkeeper has
    • the rental rate interval
    • the length of occupancy
    • incidental services offered
    • whether the room has cooking facilities
    • the kinds of furnishings in the room and who owns them
Note:  Illegal activity on the part of the guests may not affect their status as guests

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this page is maintained by Reed Fisher
last updated January 15, 2011