Module 4 Legal aspects Specific aims for this module
• To equip students with the necessary knowledge of legal regulations pertaining to the accommodation industry.
At the end of this module students must be able to: • Explain the various ways in which a booking contract may come into being.
• Name the points to which the express terms normally contained in a contract of booking will relate.
• Explain of what significance a guest’s contractual capacity to a booking contract is. • State and explain the three ways in which a contract of booking may end.
• Apply the concepts studied in this theme to situations in the front office by means of role- play or simulated situations.
• List the information that must be provided in the notice displaying the prices. • Compile a typical notice displaying the prices in residential establishments.
• Outline the main points of law concerning the registration of guests, with reference to the Aliens Registration Act.
• List the information required from the aliens.
• Explain the common practice within the hospitality industry of overbooking. • Outline the implications and possible legal outcome of overbooking.
• State when service can be refused to a guest and briefly explain ejectment of guests and access to premises.
• Define the Lien of guests’ property. • Explain the significance and usage of the right of lien.
• Explain that section of the law that sets out the scope of this liability and restrictions to the kinds of property to which the liability applies.
• Explain how a hotel can limit its liability for the loss of guests’ property by referring to indemnities and notices.
• List the points the guest must prove in order that a proprietor be strictly liable for loss or damage to the property of a guest.
• Identify the Common law exceptions to liability. • Illustrate defaulting by guests by means of examples.
• Explain how the proprietor can protect himself from defaulters. • Propose what a receptionist should do if he/she believes a guest to be dishonest.
• Briefly state the significance of the following laws with regard to the hospitality industry: The Food Laws; Public Liability and The Workmen’s Compensation Act.
• Apply the prescriptions of the Acts studied in this theme to situations in the hospitality industry by means of role-play or simulated situations.
• Identify the different types of liquor licences and list all the examples of each type in SA. • Name the general and special conditions for on- and off-consumption premises/licences.
• Explain and include examples, where applicable, of the following with regard to liquor laws and regulations in South Africa: a. Access to premises/right of Admission; b. Bar/restricted part; c. Closed days d. Trading hours; e. Corkage; f. Premises
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