澳门科技大学旅游法律期末复习资料

Travel law: C9 (2Q), C10 (1E), C11 (1Q, 1E), C13 (2Q), C16 (1Q)

C9

1.Patron

●Patrons are the lifeblood of hotels and restaurants, Unruly or belligerent

customers can interfere with the enjoyment of other patrons and Damage the reputation of the business. Hotels and restaurants may not want to serve such people

2.Right to Exclude Nonguests

●Innkeepers and restaurateurs extend an implied invitation to all, including

nonguests, to enter their facility

●Public’s presence on the premises does not constitute trespass

●Trespass—legal wrong consisting of entering or remaining unlawfully on a

premises

●Implied license for nonguests can be revoked by the innkeeper at any time

●Persons entering a hotel who are not guests and do not intend to contract for a

room are required to leave the premises if asked

●Person who has been requested to leave and fails to do so becomes a trespasser ●Operator may use reasonable force to evict a trespasser—only after being asked

and trespasser refuses

●Only amount of force that is reasonably necessary to remove trespasser is

permitted

●More force than is reasonably necessary is considered excessive force and may be

grounds for a lawsuit

●Best practice (if time permits) is to call the police. Officers are trained how to

effectuate the removal of a troublesome patron

3.Entering a Guest’s Room

●Emergency conditions impose a duty to enter a guest’s room to eliminate the

danger

●Innkeeper has the right to withdraw hotel privileges and evict a guest

●No more force is used than is necessary

4.Evicting a Guest

●Innkeeper has the right to withdraw hotel privileges and evict a guest

●No more force is used than is necessary

●Evict—remove someone from property

●Grounds for eviction:

Failure to pay bill

Overstaying

Persons of ill repute

Intoxication and disorderly conduct

Contagiously ill guests

Breaking house rules

Persons not registere

5.Process of Eviction

●Evicting someone for cause is proper

●Should be carried out

Considerately

With no harsh words

Force should not be used unless absolutely necessary

●Wrongful eviction can result in liability

For physical injuries

For mental and emotional distress

C10

1.If an innkeeper violates any of those rights, liability can result:

●Right to occupy hotel rooms without disruption

●Right to privacy in guest room, including right to restrict access

●Right to be treated respectfully

●Right to be free from false arrest

●Right to be free from credit card fraud

●Right to be informed of fees and charges

●Right to have hotel employees process guests’ mail properly

2.Right to Occupy Assigned Room

●Without disruption from innkeeper

●Exception: where innkeeper has legal right to remove guest

3.Right to Privacy in Guest Room

●Five exceptions:

Normal maintenance

Imminent danger

Nonpayment

When requested to enter by guest

When rental period has expired and not been extended

●Obligates innkeeper to prevent unauthorized employees from entering, also

unauthorized would-be visitors

●Peeping Toms – employees who create peepholes through which they observe

guests in their rooms

4.Protection against Illegal Searches

● A guest might be engaging in illegal activity in the room

●Guest’s right to privacy may conflict with innkeeper’s interest and police to enter

and search a room

5.Report by Innkeeper of Illegal Activity

●Permitting illegal activity to proceed may endanger other guests

●Violates innkeeper’s duty to protect their safety

●May also jeopardized hotel’s license to carry on business