HFT 3603 Law for Hospitality Operations Thursday January 26 y Exam 3 Chapter 9 right to exclude nonguests but at the same time there s an implied invitation to walk through your hotel ex doubletree example coming in to use bathroom changed their status from trespasser to licensee trespass legal wrong consisting of entering or remaining unlawfully on the premises excessive force any additional force than necessary when removing a trespasser operator may use reasonable force only after the trespasser has been asked to leave and refuses never take pictures of the hotel before you went in to ask about the hotel if they saw you they would kick you off the property getting ready to sue stalking a hotel cannot refuse accommodations to anyone seeking them a hotel with vacancies must provide accommodations for al who seek them with limited exceptions the hotel can refuse persons who are criminals intoxicated disorderly unclean not bathed and un kempt or suffering from a contagious disease main goal protect the well being of guests consequences of wrongful refusal based on race color religion sex or disability age is not a protected class restaurants can refuse to serve a young person if inclined young person is entitled to hotel accommodations selecting accommodations for a guest up to the innkeeper s prerogative ex Motel 6 pattern in the company of putting broken furniture in the least desirable rooms of the ho tel next to interstate next to dumpster back of the hotel placed minorities in those rooms and got sued ex Chucky Cheese you cannot come in unless you have a kid in your group changing a guest s accommodations must give notice and receive permission entering a guest s room housekeeping maintenance room service imminent danger 1 Thursday January 26 y ex do not disturb sign do you have a reasonable expectation to check on them call them first and ask when to call back call every 24 hours even if the sign is up ex Four Seasons regardless of the sign they re going to clean the room every 24 hours ex wellness check check on a guest in the room to make sure they re okay evict to remove someone from property evicting a guest prevent from overstaying grounds for eviction failure to pay the bill asking the guest for the amount due and requesting the guest to leave by a certain hour if the bill is not paid overstaying when the period is over the hotel has met its obligation under the contract with the guest to rent the room and the guest s right to occupy the space ends Hawaii Louisiana North Carolina and Puerto Rico have laws that make a holdover guest a trespasser persons of ill repute criminals disruptive conduct troublesome prostitute intoxication ex drunk people causing a disturbance loud damaging things smoking changes everything even sober people can be obnoxious disorderly conduct don t have to be drunk to be disorderly obnoxious ex Wilderness Lodge pointing a laser contagiously ill guests hotel operators have a right to evict them but it s difficult to conclude on your own that they are contagious ADA is the disability is a contagious disease the innkeeper can exclude the guest notwith standing the ADA because to provide them a room would expose many others to the illness jeopardizing their wellbeing breaking house rules no bathing suits in lobby no pets in guest rooms no horseplay by the pool rules should be posted in conspicuous places where they will be seen persons not registered innkeeper can evict that person fro violating house rules or even with out cause business competitors cannot be refused unless they are soliciting customers 2 Thursday January 26 y pirating employees where a competitor recognizes that an employee is awesome and wants him to join their company and work for them soliciting employees ex pizza is not allowed in a hotel lobby they re competing with food within the hotel process of eviction considerately no harsh words or force unless absolutely necessary wrongful evic tion can result in liability physical injuries emotional and mental distress don t touch them call the police excessive force assault vs battery assault intentionally putting someone in fear of harmful physical contact making a fit like you re going to punch them battery causing harmful physical contact to a person intentionally hitting someone in the face has to be a reasonable fear ex tiny blue haired woman saying she will kicking ur butt not likely tiny blue haired woman pointing a gun in your face reasonable verbal abuse defamation tort of making false and demeaning statements about a person to a third person ex threatening with bad or negative yelp reviews ex uber driver give me 5 stars and ill give u 5 stars libel written defamatory statements slander oral defamatory statements privilege allowable margin to state the basis for the eviction an ability to communicate alleged wrongful acts without fear of a lawsuit for statements believed to be true but ultimately determined to be false evicting a hotel tenant cannot be evicted without a court proceeding because between them and the hotel the tenant has the greater interest refusing a diner restaurant has a right to refuse some diners and accept some as long as its not based on color race sex religion statutory protection for the hotelkeeper a hotel should not sell property subject to an innkeepers lien without complying with the specific requirements of the relevant state law 3 lien a security interest in the property of someone who owes money if the debtor fails to pay the lien entities the creditor to take possession of the debtor s property sell it and apply the proceeds to the unpaid debt Thursday January 26 y train employees to detect stole credit cards forgeries and bad checks defraud leave without paying in a civil case the plaintiff seeks compensation a criminal case can result in jail time and loss of freedom to establish a defendant s guilt of a crime 1 the defendant obtained food or lodging without paying for it 2 the defendant intended to avoid the payment before pressing criminal charges be sure the evidence supports a finding of a wrongful act and a crimi nal mental state criminal possession of stolen property committed when a person knowingly possesses stolen property with the intent to benefit himself or someone other than the owner forgery the unauthorized alteration completion or making of a written instrument such as a credit card receipt or a check with intent to defraud of deceive false arrest the tort of intention