Legal aspects
Web links
http://www.bnbsure.co.za/Advice/Innkeepers-Opinion.html http://www.amaqele.co.za/amaqeletsandcs.htm http://www.guesthouse-insurance.co.za/public-liability-insurance.php
Activity 4.6 1. Explain how a hotelier can limit liability. 2. List five common law exceptions to liability.
7. Non-payment by guests
7.1 Defaulting by guests by means of examples Defaulting is a problem for many establishments in the hospitality industry. A customer who walks out without paying in a restaurant and the guest at a hotel who leaves early in the morning by a fire escape are but two examples of the problems hoteliers face. Where travellers are provided with food and drink and fail to pay before they depart from the premises, they may be charged with a criminal offence (making off without payment).
7.2 How the proprietor can protect himself from defaulters
Te hotelier may demand payment prior to the provision of the service, e.g. food, drink or accommodation; this in itself affords some protection from defaulters.
7.3 What a receptionist should do if he/she believes a guest to be dishonest
If the situation is one where the person in question is seeking accommodation, the receptionist may ask the prospective guest to pay for the accommodation in advance. Hoteliers have a legal right to payment in advance. If the prospective guest is unable to pay, then the receptionist may refuse to accommodate that person. If the situation is one where the receptionist believes that the guest may try to leave without paying, the receptionist will normally advise the hotelier of his or her fears and the decision will then be that of the hotelier. If the situation requires quick action, there being no time to seek assistance from management, the receptionist at a hotel may detain the guest’s luggage (not the guest himself or his vehicle) and exercise the hotelier’s lien over the guest’s property until the bill is paid in full. Both of these examples rely on the rights of an innkeeper which we have discussed previously, it is of course perfectly proper for the receptionist to call the police as an alternative measure.
Did You Know A receptionist must take extreme caution when establishing whether or not a guest will be able to settle an account. Judging a guest on appearance only is very risky and one should be careful not to discriminate against someone based on their appearance only. When in doubt, a supervisor or manager should be contacted for assistance.
(3 × 2 = 6) (5)
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