Module 4
5.3 The significance and usage of the right of lien • Tis right should be exercised with caution.
• A mere suspicion that the guest will not pay his bill is not enough.
• If, however, the guest is about to leave and he does not comply with the hotelier’s demand for payment, the hotelkeeper may prevent the removal of the guest’s possessions from the premises and retain the property until payment.
• Te hotelier is not entitled to take the clothes off the back of the guest, nor has he the right to detain the guest himself.
• Te lien extends only over property that is on the premises. Te property must remain so until the debt has been satisfied. It is advisable to have a checking-out system whereby a guest’s luggage is not taken out and placed in the guest’s vehicle until he has paid his bill.
• Te lien extends over all property brought onto the hotel premises by the guest. Property (such as a vehicle) on hire purchase is not subject to the lien.
• If an hotelier is specifically advised that a certain article does not belong to the guest, the lien would not apply.
• Te hotelier may retain only sufficient property to satisfy the debt. • Property held under a lien cannot be sold until judgment has been obtained.
Did You Know Reception staff at hotels is oſten instructed that where they feel cautious about a prospective guest’s ability to pay the final bill, payment shall be requested in advance. Tis is a normal practice where, for instance, the night porter books in a guest aſter reception has closed. It is a precaution against the guest’s departing early the following morning without paying the bill.
Staff at hotels must be careful not to refuse service to guests for the wrong reasons. Hoteliers who either discriminate against or refuse service to a customer on the grounds of his or her sex or race are liable to have a claim brought against them.
Definition
• Common Law: the law of a state that is of general application • Refreshment: something, such as food or drink, that refreshes • Bound: to set a limit; to confine • Annoyance: a cause of irritation • Disrupted: to interrupt proceedings
• Ejectment: an action brought by a wrongfully dispossessed owner seeking to recover possession of his land (room)
• Discriminate: to make distinctions on the basis of class or category without regard to individual merit; show preference or prejudice
Web links
http://hotels.uslegal.com/innkeepers%E2%80%99-liens/ http://www.ulii.org/ug/legislation/consolidated-act/90 http://www.legalcity.net/Index.cfm?fuseaction=RIGHTS.article&ArticleID=3467553
Activity 4.5 1. List two duties owed by the hotelier to the guest. 2. When can a hotelier refuse a guest service in the hotel? 3. Explain the term ‘ejectment of guests’. 4. Discuss the usage of lien in a hotel.
124 FutureManagers
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