Rights of Guests
Basic Rights of Guests
  • Right to Occupy Assigned Room
    • The guest has the right to occupy an assigned room without disruption from the innkeeper
    • Exceptions are when…
      • guest fails to pay the bill
      • overstay
      • person of ill-repute
      • person is intoxicated and disorderly
      • contagiously ill guest
      • breaking house rules
      • person not registered
      • competitor soliciting business
  • Right to Privacy in the Guest Room
    • The guest has the right to privacy in their room
    • There are only 5 exceptions when the innkeeper may enter a guest’s room...
      • for normal maintenance and repair
      • if there is imminent danger
      • the guest fails to pay
      • disruption of the other guests
      • when the guest requests that the innkeeper enter
Protection Against Illegal Searches
  • Remember, the guest has the right of privacy
  • The innkeeper should notify the police if evidence of illegal activity is found
    • only if in the innkeeper is in the room legally
    • police must obtain a search warrant
    • police must have probable cause
    • exclusionary rule - evidence found during an illegal search is not admissible in court
  • The guest may give consent to search the room
    • the person giving consent must the authority to do so
    • the innkeeper may not give consent to enter
Protection Against Insults
  • If the language is beyond abusive and qualifies as outrageous then may be a tort
    • the words must be so extreme as to go beyond all possible bounds of decency and be regarded as atrocious and utterly intolerable in a civilized community
  • Infliction of emotional stress
  • No duty is owed a non-guest
Protection Against False Arrest
  • Neither an innkeeper or restaurateur is under any duty to prevent the arrest of a guest by police
    • if the arrest is due to a false statement by the hotel, restaurant, or their agents then there may be liability
  • We may not detain a person unless that person has committed a crime
Rates and Fees
  • Right to know prior to contracting, the rates and other fees charged
  • A hotel may not charge for services not provided
  • Many states regulate telephone surcharges
Packages and Mail
  • Guests have the right to have mail and packages handled properly

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