Module 4
In all limited liability statutes (see next paragraph), guests have obligations that they must adhere to in order to be able to receive the statutory liability amount the hotelier is responsible for if the guests’ valuables become missing or damaged. In some countries, if the guest neglects or fails to deliver his/her property to the person in charge of the office for deposit in the safe; the hotel or manager are not liable for any loss of or damage to the property. Te courts have made guests strictly comply with the statute in order to receive the little amount of protection that the statute does provide.
An example of a guest obligation in a limited liability statute can include that guests must have a reasonable amount of personal property in their rooms. In accordance with most countries, the proposed model statute allows a guest to retain a reasonable amount of personal property in their room. Under the proposed model statute, guests may retain up to R3 000 of property in their room and remain protected up to that amount. If property were stolen that is valued at less than R3 000, the hotelier would be liable to that extent.
6.4 The common law exceptions to liability An hotelier is not liable for loss occasioned by:
• an Act of God or inevitable superior force
• fire not caused through the negligence of the hotelier or his staff • armed robbery (but not ordinary housebreaking or theſt) • misconduct or negligence of the guest • a fraudulent claim by the guest
• an inherent fault or defect in the property, such as perishable goods • actions of the enemies of the state.
Did You Know Click on the following link and read some examples of court cases applicable to this section of work. Although the examples are from overseas countries, it can be applied to the South African context in terms of what hoteliers should be made aware of in terms of liability for guests’ property.
http://www.hospitalitylawyer.com/wp-content/uploads/2012/05/ModelInnkeeperLiabilityStatute_Final.pdf
Definition
• Scope: the area covered by a given activity or subject • Disappearance: to pass out of sight; vanish
• Negligent: to pay little or no attention to; fail to heed; disregard • Indemnities: security against damage, loss, or injury • Residence: the place in which one lives; a dwelling • Sustained: to keep in existence; maintain
• Adequate: sufficient to satisfy a requirement or meet a need • Proprietor: one who has legal title to something; an owner • Custody: care, supervision, and control exerted by one in charge • Negligence: characterised by careless ease or informality; casual • Inevitable: impossible to avoid or prevent
• Superior force: superior: Of a higher nature or kind / Force: the capacity to do work or cause physical change; energy, strength, or active power
• Fraudulent: a deception deliberately practiced in order to secure unfair or unlawful gain • Exculpate: to clear of guilt or blame
• Statutes: an established law or rule, as of a corporation 126
FutureManagers
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