Hospitality Law

Ch.10) 1. Identify at least four types of guests who could and/or should be denied service, and the reason for denial in each case (use details from Chapter 10 to support your statements in every posting).

  1. Discuss the four priorities established for ADA compliance and explain why you agree or disagree with the prioritization (use details from Chapter 10 to support your statements in every posting).
  2. Describe specific ways that the operator/manager/staff of a facility can maintain a safe environment in swimming pools, spas/hot tubs, and workout/fitness areas (use details from Chapter 10 to support your statements in every posting).

(Ch. 11) 1. Describe what common law liability means today in terms of hospitality, recreation, or tourism management, and the limits on common law liability (use details from Chapter 11 to support your statements in every posting).

  1. Describe important considerations when developing a lost-and-found policy for a hotel, recreation program, or tourism business, dealing with disposition of unclaimed mislaid, lost, or abandoned property (use details from Chapter 11 to support your statements in every posting).
  2. Respond to Analyze the Situation 11.2 in Chapter 11. Discuss the nature of the bailment relationship, whether the club exercised reasonable care, and what the club manager could do in the future to avoid this type of situation. Use details from Chapter 11 to support your statements in every posting.

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Sample Answer

 

 

Answers based on Hospitality Law Chapter 10 & 11

Chapter 10

  1. Guests Who Can Be Denied Service (Reasons from Chapter 10):

    • Intoxicated Guests:
      Chapter 10 highlights the importance of preventing intoxication and over-service of alcohol. Denying service to visibly intoxicated guests protects them, other patrons, and staff from potential harm (pg. 232).

    • Violent or Disruptive Guests:
      Maintaining a safe and orderly environment is crucial. Guests exhibiting disruptive or violent behavior can be denied service to ensure the safety and well-being of everyone (pg. 233).

Full Answer Section

 

 

 

    • Guests with Unpaid Bills:
      The establishment has the right to refuse service to guests with outstanding bills from previous visits (pg. 234).
    • Guests with Underage Minors (Liquor Laws):
      Serving alcohol to minors is illegal and carries significant penalties. Facilities must comply with age restrictions to avoid legal trouble (pg. 233).
  1. ADA Compliance Priorities (Chapter 10):

The ADA (Americans with Disabilities Act) establishes four priorities for guest accessibility:

* **Entrance and Exit:**

Ensuring accessible entrances and exits is the top priority as it guarantees basic access to the facility (pg. 242).

* **Common Use Guest Rooms:**

Having a certain percentage of guest rooms readily accessible for guests with disabilities is the next priority (pg. 242).

* **Public and Common Use Areas:**

Restrooms, restaurants, pools, and other common areas should be accessible to the greatest extent possible (pg. 243).

* **Special Services:**

While not the highest priority, providing accessible communication features and services like pool lifts demonstrates a commitment to inclusion (pg. 243).

Agreeing with the Priorities:

These priorities make sense because they ensure basic access first, followed by increasing levels of inclusion within the facility. Prioritizing accessible entrances allows everyone to enter, while accessible rooms cater to specific needs.

Chapter 11

  1. Common Law Liability in Hospitality (Chapter 11):

Common law liability refers to the legal responsibility of a business to take reasonable care to avoid causing harm to its guests. This applies to a variety of situations, including:

* **Slip and Fall Accidents:**

The establishment must maintain a safe environment and warn guests of potential hazards (pg. 252).

* **Foodborne Illness:**

Proper food handling and storage procedures are crucial to prevent guests from getting sick (pg. 253).

* **Defective Facilities or Equipment:**

The business is liable for injuries caused by faulty equipment or poorly maintained facilities (pg. 254).

Limits on Common Law Liability:

There are limitations to common law liability. Guests who contribute to their own injuries or ignore posted warnings might be partially responsible. Additionally, some businesses might have waivers that limit liability in specific situations (pg. 258).

  1. Lost and Found Policy (Chapter 11):

Developing a clear lost and found policy is essential. Here are some considerations:

* **Detailed Description and Inventory:**

Maintain a detailed record of lost and found items, including descriptions and dates (pg. 261).

* **Unclaimed Items:**

Establish a timeframe for holding unclaimed items before donating or discarding them (pg. 262).

* **High-Value Items:**

Develop specific procedures for handling valuable lost items like jewelry or electronics (pg. 262).

  1. Analyze the Situation 11.2 (Chapter 11):

Bailment Relationship:

In this scenario, the club has a bailment relationship with the member who left their laptop in the locker. A bailment occurs when one party (the member) entrusts their property (laptop) to another (the club) for safekeeping.

Reasonable Care:

The case discusses a lack of secure lockers, raising questions about whether the club exercised reasonable care. Without proper security measures, the club might be liable for the stolen laptop (pg. 255).

Preventing Similar Situations:

The club manager can improve security by:

* Installing secure lockers with locks

* Implementing a system for lost and found items

* Clearly outlining the club’s liability in its membership agreement

By taking these steps, the club can demonstrate a commitment to guest property and minimize the risk of similar situations.

 

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