TEST 3: HFT3603Chapter 7: Guests and Other Patrons• Who qualifies as a “guest”: anyone who is there for the primary purpose for which an inn operateso General rule: NOT guests unless they require overnight accommodations o People shopping in the hotel’s lobby, using the restroom, or attending a banquet/reception is NOT a guest• Intent of Partieso Innkeeper-guest relationship is contractualo You become a guest when you walk into a hotel intending on staying overnight, if there is an available room. o Registration: Not necessary for an innkeeper-guest contract to begin Delivery of Property: handing an employee luggage evidences an intent to become a guest• The hotel’s intent is evidenced by accepting the luggage and the responsibility of the innkeeper begins the moment of delivery and acceptance of the luggage.• EX: a jewelry salesman checked his luggage with the bellhop, registered, went to his room, and waited for his luggage. When it arrived there was jewelry missing. That is the hotel’s liability b/c the second he gave his baggage to the bellhop service specifically for guests he became one.  Someone eating at the hotel’s restaurant who checks their luggage (guests of another hotel) and something is missing, they are not considered guests and the hotel is not liable A person who hasn’t decided whether to rent a room can be considered a guest in certain circumstances• Someone who visits for the purpose of receiving customary services and receiving them.o Checking out: Once a guest pays the bill and checks out termination of responsibility follows.  The status of the guest usually continues for a reasonable amount of time while the guest remains on the hotel’s premises• Guest’s Illegal Actso People arriving with the status of a would-be guest but gives false informationo If their “lie” contributes to their injury or loss, then the hotel is not liable.o Is liable b/c false registration nor illegal/immoral purpose for occupying a room would change the status of a guest.• Termination of a Guest-Innkeeper Relationshipo Ends when any of the following occur: Contracted time for the room has elapsed and it has not been extended The bill is not paid when due Proper notice is given to vacate the hotel A reasonable amount of time has passed since checkout The bill ahs been settled and paido Guests are allowed a reasonable time after vacating the room to remove their luggage and check out of the hotel (during which they still qualify as a guest).  The length of time for this depends on the facts of each case.• Landlord-Tenant Relationshipo A person who rents a room on a long-term basis becomes a tenant not a guest Responsibilities to the tenant differ  To be a “guest” the person must be a transient (temporary stay) Determined by:• Terms of the contract (EX: use of the terminology landlord and tenant instead of innkeeper and guest)• The extent of control or supervision of the patron’s room maintained by the proprietor. The more control, the more likely the patron is a guest• The rental rate interval- the shorter the interval the more likely they are a guest• Length of occupancy (longer = tenant)• Incidental services offered (frequent housekeeping, and room services = guests)• Whether the room has cooking facilities (tenant)• The kind of furniture in the room and who owns them *Discussion Questions: 1. Which of the following qualify as a guest?a. A patron of a hotel beauty shop who works in an office nearbyb. A person who has a reservation at a hotel, and upon arriving at the airport enters the hotel’s hospitality van and hands her luggage to the driver, who accepts itc. A person who registers for a room in two weeksd. A resident of the area in which a hotel/resort is located who takes tennis lessons twice a week from the professional on the hotel premises. 2. What is the significance of someone qualifying as a guest?a. If they are not a guest then they are technically “trespassers” and the hotel is not liable for the responsibilities needed for someone considered a guest.3. Under what circumstances might a guest’s illegal activity on hotel premises affect the liability of the hotel for injuries to that guest?a. If their illegal activity is the cause of the injury, then the hotel is not liable.But, if there is illegal activity on hotel property and the guest is injured b/c of something not related, then the hotel is liable. 4. The Mandarin Hotel provided rooms on a nightly, weekly, and monthly basis. Jim rents a room by the week. What additional info would you need to determine whether Jim is a guest or a tenant?a. If his contract with the Hotel states he is a tenant then that is one way. If the room is furnished then he is likely a guest, if the room has little furniture and/or a full kitchen he is likely a tenant. His length of stay is also a determinant (if he stays for just a week he’s a guest, or if he stays for 3 months he’s a tenant). Also if the hotel has more control of the room then he is also likely a guest. Do they have their own key?5. At what point in the hotel check-in process do you think a person should first be deemed a guest? a. I agree with the book, the moment someone walks in with intent to rent a room they should be considered a guest. *Application Questions:1. Sarah is having her wedding reception at the local Holiday Inn. Her parents contracted with the hotel for the use of a banquet room and catering facilities. Sarah and her then-husband will leave immediately after the reception for their honeymoon in another state. Some out-of-town guests will be staying at the hotel overnight. Who is a guest of the hotel? Why do others not qualify?According to this chapter’s definition, the only ones considered a “guest” is those who are staying over night. The other’s do not qualify b/c they are not there for the primary purpose in which the hotel operates- renting a room. 2. Fran flew from her home in Butte, Montana, to NYC. She planned to meet a friend at the airport for dinner. While waiting for the friend, she noticed a hospitality van from the hotel at which she had reservations for that evening. She gave her luggage to the driver so she would not have to worry about her suitcase during dinner. Does Fran qualify as a guest?Fran does qualify as a guest b/c she is registered already as a guest and has a reservation for that night. Even if she didn’t