Archive for the ‘Hotel Safety and Security’ Category

Hotel Law: Model Innkeeper Statute

Friday, July 16th, 2010

As mentioned in a previous blog post, we have proposed a Model Innkeeper Statute. In that blog post, we noted the need for a Model Innkeeper Statute that allows for consistent application and clarity of compliance requirements of an innkeeper’s limitations of liability.

We propose the following Model Innkeeper Statute to begin the dialogue:

(a) Definitions:

  1. “Posting” shall mean: placing/affixing notice included in this statute in fourteen-point type at the place of registration of the inn and inside the entrance door of every guest room.
  2. “Receipt” shall mean, an itemized listing of items deposited with each item’s declared value.
  3. “Valuables” shall mean any money, cameras, computers, other electronic devices, jewelry, jewels, bank notes, bonds, negotiable security, or other valuable documents, and any other items that will fit in the safe provided by the innkeeper.
  4. “Guest” shall mean, a transient guest who registers at an inn or otherwise avails oneself of the facility’s food, beverage, lodging, or other services, including entertainment, baggage handling and storage or for any other purpose of lawfully utilizing the inn’s accommodations, amenities, or services.
  5. “Safe” shall mean a commercially viable lockbox, safe or vault, in good order and fit for safekeeping of Valuables, whether located in the individual rooms of the inn or behind the desk of the inn or at some other location controlled by the inn and its employees.

(b) It shall be the duty of the innkeeper to exercise reasonable care in providing honest employees and to take reasonable precautions to protect the valuables of their guests.

(c) The innkeeper shall be liable for the loss or damage of the valuables of the guest to the extent of its value or the sum of twenty-five hundred dollars ($2500.00), whichever is less, if:

  1. the innkeeper provides a safe, in a convenient place, and fit for the safekeeping of valuables belonging to the guest;
  2. the innkeeper notifies the guest by posting the language at the end of this statute identified as “Notice to Guest” in fourteen-point type and in double space at the place of registration of the inn; and inside the entrance door of every guest room*; and
  3. the guest deposits valuables that can be accommodated in the safe.

(d) The innkeeper shall not be liable for any loss of or damage to the valuables of the guest, if the guest fails to deposit valuables with a value over three hundred dollars ($300.00) in the in-room safe or to the innkeeper for deposit in a safe controlled by the hotel.

(e) The innkeeper shall be liable for a sum not exceeding three hundred dollars ($300.00) for the loss of all other property, including any wearing apparel, baggage, or other property belonging to a guest when such loss or damage takes place from the room occupied by the guest, and the loss is caused by the negligence, gross negligence, or intentional acts of the innkeeper.

(f) The innkeeper shall be liable for the full value of the loss or damage of any valuables of a guest in the inn, if:

  1. the valuables have been securely deposited in the safe provided by the innkeeper; and
  2. the loss is due to the theft or negligence by the innkeeper or any employees of the innkeeper.

(g) The innkeeper may, by special arrangement in writing with a guest, accept liability for losses in excess of the sum of three hundred dollars ($300.00).

(h) In all cases of loss, the burden shall be on the guest to prove the amount of loss and that any such loss was caused or contributed to by the negligence of the innkeeper.

(i) It is not an affirmative defense of the statute that the guest is a frequent traveler.

* Note to Innkeeper: Actual notice, such as telling the guest about this policy or having the guest sign a separate acknowledgement, is helpful and encouraged. However, it is not a substitute for strict compliance with these statute requirements. The “Notice to Guest” will be in plain language to inform guests of their obligation to protect their property.

 


The model innkeeper statute with analysis is available at www.hospitalitylawyer.com/ModelInnkeeperLiabilityStatute_Final.pdf. For a case history of the innkeeper statute, please click here.

For a brief summary of the proposed model statute, including the major proposed changes, please click here.

Do you agree with the proposed model statute? Comment here.

Hotel Lawyer Stephen Barth Brings Attention to Pool and Spa Safety

Monday, July 12th, 2010


USAToday recently published the article, “CPSC sides with industry, not safety, advocates say.”

As many have been saying for quite some time, pools and spas can be very dangerous and deserve significant attention from operators.

All of us need to work together to deliver the safest pool/spa experience possible.

See PoolSafety.gov for assistance.

We have also put together a very helpful Pool Safety Checklist. Visit our Solutions Store at www.hospitalitylawyer.com/shop/default.asp and search for “Checklist for Reducing Swimming Pool Liability.”

Hotel Lawyer Stephen Barth Urges Safety for Swimming Pool Parties

Friday, June 18th, 2010

Pool parties are becoming trendy in Las Vegas and elsewhere.

Operators, please keep in mind the need for capacity restrictions in and around pool areas as well as the dangers of mixing alcohol and the pool environment. In a pool party atmosphere, highly trained lifeguards and security are a must.

Stephen Barth Brings Attention to Dangers of Smoking on Cruise Ships

Friday, May 28th, 2010

I have repeatedly called for enhanced smoking restrictions in places of public accommodations and will continue to do so until all public places are smoke free, inside and out. Below is a very interesting perspective on smoking on cruise ships by Artie Beavis, which enlightens us to the dangers of allowing smoking on oceangoing vessels.

Cigarette Smoking Aboard Cruise Ships ‘Lights Up’ Debate

by Artie Beavis (Follow on Twitter @ArtieBeavis)

Envision yourself aboard a luxury cruise, where you are taking in the tranquility of the night and the smooth ocean waves. Suddenly, your lower deck cabin is engulfed by a cloud of smoke, you hear passengers panic at the sight of fire, and you begin to experience a heat sensation from the blaze. One can only dread the forthcoming events.

Dating back a few years, a smoldering cigarette was the suspected cause of a deadly fire aboard the Star Princess cruise ship, which at the time carried 2,690 passengers and 1,123 crewmembers. Luckily, the vessel only suffered one casualty aside from 11 injuries and the destruction of nearly 100 cabins. This is still one life too many…It had taken the blackening of a luxury ship for industry executives to become cognizant of the tremendous dangers that surround cigarette smoking aboard their liners.

Since then, North American cruise lines have taken a moderate approach to smoking policies with the implementation of limited restrictions. Let us dare pose the question to industry executives: Is it worth accommodating the 12% of smoking passengers and endangering the lives of the remaining 88% of travelers and crewmembers?

As the hospitality industry undergoes an enduring revolution of smoke-free establishments, it is time the cruise sector considers the hazards of cigarette use and take the necessary precautions. Unlike its industry siblings—hotels, bars and restaurants—each of whom are also at risk of unintentional fires and detrimental health effects in response to cigarettes, cruise ships are not accessible to a majority of rescue teams. A fire truck won’t be just down the road; conversely, you are in the middle of international waters!

Vaguely speaking, cruise ships tend to be smoke-free in most of its public areas; however, a majority of American cruise lines are rather acceptable of their smoking guests. On a positive note, no major brand permits the smoking of passengers in their main dining areas; however, the unhealthy habit is allowed throughout casinos, bars, nightclubs, open decks, pool areas and staterooms onboard.

Recently aboard a Norwegian Cruise Line ship, I had the opportunity to explore their smoking policies firsthand. Their policy was as follows:

“Smoking is only allowed inside in your stateroom, the Casino, Topsiders Bar “port side designated seating,” Sky High Bar & designated outside deck areas where wall mounted ashtrays are available.”

As a result of this policy, I found myself taking in cigarette fumes while sitting next to travelers at the pool as well as the casino. Upon leaving the casino and counting my winnings from the roulette table, my temporary high was quickly eradicated by the reek of cigarettes that was instilled into my clothing, hair, and normally-sized nostrils. Not only did I have to shower and change my clothes, but the smoke transpired into a sore throat, dry sinuses and watery eyes the very next day. This is something most guests can do without!

Although cruise lines, such as NCL, offer limited smoking to their passengers, it only takes ONE minor cigarette mishap to engulf a ship and puts thousands of lives at risk. Aside from the serious health threats that come at hands of secondhand smoke in small-capacity and highly-populated areas such as the casino and bar areas, it is quite ironic that the dining rooms must use fake candles but matches and lighters are allowed on board. If you can’t smoke on airplanes with recycled air or in a restaurant while surrounded by peers, why should it be acceptable to smoke onboard a cruise? Afterall, smoke is a gas so and therefore, is not bound by walls.

The issue affects the health and overall travel experiences of each and every individual aboard the ship. Although cruises have experienced mixed reviews on prior and current smoking restrictions, only one cruise ship has ever dared to ‘test the waters’ (pun intended) of an entirely smoke-free ship. Carnival’s Paradise had gone smoke-free for a short period of time; however, this regulation only lasted a few years before passengers were given the permission to light up once again. The industry must not be afraid of losing patrons; if the industry all comes together and restricts smoking, the public will have but not choice to adhere to the amendments.

Just as an unseen iceberg can become a damaging facet, a flame can be the next major cause of disaster. It is imperative for industry executives to reconsider the current smoking policies aboard their ships and improve these regulations to avoid future adversity. Keep in mind, it only takes one lit cigarette.

Would you prefer cruises to be smoke-free?

Cigarettes Distrurbs the Fish

Hotel Law: Model Innkeeper Statute Proposed

Thursday, May 20th, 2010

Each of the 50 states has a different innkeeper statute – a statute that governs an innkeeper’s liability for the loss of a guest’s property.  As interstate travel has become more common, it is increasingly more important for all parties – guests, insurance companies, and hotel operators – to rely on a uniform innkeeper statute.  To that end, Kris Westbrook, Diana Singson, and Stephen Barth have drafted a model statute. 

Background

If a guest’s property is lost or stolen, the innkeeper’s liability is limited to a certain amount.  However, to receive this limited liability protection, both the innkeeper and the guest must comply with certain statutory requirements.  For example, many statutes require the innkeeper to post a copy of the statute in a specific place in a specific size and in a specific font.  The guest must also deposit certain items (dictated by statute) in a safe to receive statutory protection for loss or theft. 

The Model Statute

The proposed model innkeeper statute has simplified the requirements for innkeepers and for guests.  

Uniform application of the statute across all 50 states is beneficial for all parties.  Guests can travel knowing what is expected of them.  Hoteliers with properties in multiple states and insurers do not have to worry about varying statutory obligations. 

The statute also takes into account the amount and types of property with which guests travel today, such as cameras, laptops, and confidential business information.

Please click here to download (.pdf) a case history for the innkeeper statute.  In a few weeks, we will post the proposed model statute.  In the interim, let us know what you think.  Do you think a uniform statute is needed?  What do you think are the biggest problems with your state’s innkeeper statute now?

2011 Hospitality Law Conference - Invitation to Submit Presentation Proposal

Tuesday, May 11th, 2010

The 2011 Hospitality Law Conference is scheduled for February 9-11, 2011, in Houston, Texas. If you are interested in presenting at the conference, please download the “Invitation to Submit a Presentation Proposal” and submit to Diana Singson by June 11.

The Annual Hospitality Law Conference is the leading conference dedicated to hotel and restaurant legal, safety, and security issues. 

Hotel Lawyer Stephen Barth Urges Attention to the Authorized Use of Medical Pot

Monday, May 3rd, 2010

As the authorized use of medical pot rises, innkeepers need to stay apprised from an employment perspective, as well as a guest accommodation one.

I recommend the USAToday article “Medical pot use can conflict with job rules.”

Hotel Lawyer Stephen Barth Questions Safety of Room Service for Breakfast Door Hangers

Friday, March 12th, 2010

Let’s all remember this year that just because something makes money, doesn’t necessarily make it the right thing to do.

Today, with the intense pressure on the bottom line, we need to remember it more than ever.

One example of such a marketing initiative in hotels is the Room Service for Breakfast Door Hanger.

These rascals have lots of good information on them. 

In addition to the menu selections, typically, the hanger asks for how many people the service is for, and the time the delivery should be made. Then the hanger is placed on the exterior door handle, ostensibly for Hotel Staff to come by and pick it up at some point.  

There are a few potential problems with this protocol.  First, the guest has no idea if the hotel actually picks up the hanger. Second, the hotel has no idea if a guest put a hanger out on their door.

Accordingly, neither party knows if a 3rd party came by and removed it from the door.

I hope you see the service and security issues that arise when this occurs. If a prankster picks it up, the service equation is seriously interrupted.

If a person with criminal intent picks it up, they are now loaded with intelligence:  a good probability that someone is alone in the room (assuming the guest indicated service for one), and a time frame when the occupant is expecting a delivery in the early morning…so the occupant’s guard may be down.

I am suggesting that if the hangers were ever safe, that with today’s technology, they have certainly outlived their usefulness.

It is time to stop using room service for breakfast door hangers and if you want to continue a room service for breakfast program, then have the guest place the order directly with room service, via voice mail, the television or internet.

Safe Travels to you and yours.

Dates Set for 2011 Hospitality Law Conference

Tuesday, March 9th, 2010

The 2011 Hospitality Law Conference is set for Wednesday, February 9, 2010 - Friday, February 11, 2010.

What?

The annual Hospitality Law Conference is the only hotel law and restaurant law conference of its kind.  Industry leaders offer in-depth analysis and insight into the latest international legal, safety, and security trends and issues affecting the hospitality industry.   

Who Should Attend?

Hotel and restaurant in-house counsel and private attorneys practicing in the hospitality industry who want the most current, in-depth legal developments should attend. 

Executives of lodging, real estate, restaurant, and club operations will be interested in our Lodging, Real Estate, and Food & Beverage Tracks. 

Hotel risk managers and hotel loss prevention directors won’t want to miss the Loss Prevention & Risk Management Track. 

For IT professionals, comptrollers, accountants, and CFOs, the conference offers the only Information Protection and Privacy (including PCI-DSS) Workshop for hotels, restaurants, and country clubs.

Where?

The Hospitality Law Conference will be held at the Omni Houston Hotel, Houston, Texas

Details and Speaking Opportunities

This year’s conference begins with the Preconference Workshop on Wednesday, February 9.  The two-day Hospitality Law Conference begins on February 10.   

Attend the conference and receive opportunities to win a $1000.00 American Express gift card and a $500.00 American Express gift card.  If you are interested in presenting at the conference, please email HospitalityLawyer@hospitalitylawyer.com or call (713) 963-8800.

For updates please visit, www.hospitalitylawconference.com

HospitalityLawyer: Massachusetts Privacy Law - PCI Resources for Hotels and Restaurants

Thursday, March 4th, 2010

On Monday, March 1, the Massachusetts Privacy Law went into effect. Chris Zoladz, Founder of Navigate LLC, says, “This law is applicable to any company dealing with the personal information of a Massachusetts resident…. The regulation requires that certain policies, procedures and technology controls be in place to protect personal information on a continuous basis.” For more information on the law, please click here.

For more information protection and privacy information, including PCI compliance, please see the resources below:

Our on-demand library contains the following data privacy webinars.

  • Avoid Becoming the Next Headline - How to avoid a data breach?, presented by Chris Zoladz
  • Your Company Just Experienced a Data Breach - Now What?, presented by Chris Zoladz

The HospitalityLawyer.com Solutions Store offers the following PCI Compliance Forms:

  • Compliance with PCI DSS Business Process Requirements Food & Beverage At-a-Glance
  • Compliance with PCI DSS Business Process Requirements Accounting/PCI Business Champion At-a-Glance
  • Compliance with PCI DSS Business Process Requirements Front Desk Champion At-a-Glance
  • Compliance with PCI DSS Business Process Requirements Sales & Marketing Champion At-a-Glance
  • Job Tasks PCI At a Glance
  • Tips to Reduce the Scope of your PCI Compliance Effort
  • Information Protection & Privacy Checklist for Reviewing Third Party Service Providers
  • Information Protection & Privacy Compliance for U.S. Sales & Marketing – A General Counsel’s Checklist

HospitalityLawyer.com also offers a PCI Compliance Newsletter. View previous editions here