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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last updated January 15, 2011