Hospitality lawFrom Wikipedia, the free encyclopedia

Hospitality law is the body of law relating to the foodservice, travel, and lodging industries. That is, it is the body of law governing the specific nuances of hotels, restaurants, bars, spas, country clubs, meeting and convention planners, and more.

Hospitality law doesn’t just involve one area of law. It encompasses a wide variety of practice areas, including contracts, antitrust, tort law, and more.

Recent events have made hospitality law even more relevant. Food allergies are on the rise, making it increasingly important for restaurants to not only train staff about ingredients but to also have appropriate labels for food containing peanuts or wheat. The Mumbai terrorist attacks, which included a hostage situation at the Taj Mahal Hotel, among other places, and the 2009 Jakarta bombings at the JW Marriott and the Ritz-Carlton hotels, raise questions about what a hotel can legally do to ensure the safety of its guests.

Overview

While hospitality law covers many different entities, hotels and restaurants are the two most common hospitality businesses.

Hotels

Hotel operators in the United States have a duty to their guests and to their guests’ property.

Duty to guest

Lodging operators have a duty of care to their guests. This duty does not insure the guests’ safety, but does require the operator to “act prudently and use reasonable care.”[1] This means, among other things, that an operator can be held liable if he or she is found negligent.

An operator also must ensure that all of the guests’ personal information is retained and destroyed according to proper and recommended procedure.

Duty to guest property

Common law held innkeepers liable for any loss of guest property when the guest was on their property. Nearly all states have abrogated that duty, placing limits on an innkeeper’s liability, as long as the innkeeper complies with certain requirements. These requirements, usually regulated in the state’s innkeeper statute, govern the placement of the law (many statutes require that the statute be placed in a common area, at the front desk, or behind the door of the room) and the size of the text of the displayed statute. Generally, to be protected under the statutes, the

innkeeper and his employees cannot be complicit in the theft or the loss of property. Lastly, the innkeeper usually has to provide a safe for the safekeeping of the guests’ property.

American statutes also govern bailments. A bailment is the “delivery of an item of property, for some purpose, with the expressed or implied understanding that the person receiving it shall return it in the same or similar condition in which it was received, when the purpose has been completed.” [2] Coat checks, safety deposit boxes, and luggage storage are common examples of bailments for the hospitality industry. It is important for lodging and restaurant[3]operators to understand that they are responsible for the safety of the guest’s property when a bailment is established.

Restaurants

Restaurant operators in the United States have a duty to sell food that is merchantable, that is, suitable for buying and selling.[4] “Truth in Menu” laws govern descriptions of food in menus. These laws ensure that the customer receives what the menu says he or she will (e.g., one dozen oysters for a certain amount, instead of 11 oysters). They also govern the ingredients, nutritional descriptions, preparation style, and more. For example, a bill once introduced to the New York City Council required that the use of the words “homestyle” or “homemade” refer to dishes prepared “from scratch.”[5]

The federal government has had a long history of regulating food advertisement and sales. In 2003, the U.S. Food and Drug Administration (FDA) began to require labels to include trans fat content.

The National Restaurant Association produces a helpful guide for restaurateurs - A Practical Guide to the Nutrition Labeling Law -to help the restaurant industry understand what nutrition claims it can make on its menu items.

Relation to other laws

Anti-trust

Anti-trust laws regulate business conduct to preserve competition and to prevent economic coercion. Hotel operators should not enter into an understanding regarding 1) room rates and conditions and terms of providing rooms or 2) scope of operations.[6]

It is important to remember that a hotel operator is ordinarily responsible if its managers or employees violate antitrust laws.

Contracts

There are two main types of contracts applicable to the hospitality industry: franchise contracts and management contracts.

.more. Franchise agreements should be carefully reviewed by an attorney.

A management contract covers the duties and responsibilities between a management company and the business owner. Management contracts covers fees, the management company’s investment or ownership, exclusivity, and more.[7]

Tort laws

Torts, including negligence (as described above), intentional acts, assault, and more, are also relevant for the hospitality industry. Lodging operators need to be aware of their duties to guests in parking lots. Restaurant operators that serve alcohol should also be aware of their duties to their guests when patrons become belligerent or hostile to each other or to other guests.

Nuisance abatement

Like other businesses, hotel and motel properties are subject to a long list of health, fire safety, taxation, business licensing, municipal property standards and other local regulation. They may also be targeted by civic officials under nuisance abatement laws which hold the owners (or the management) of a property liable if criminal activity by clients results in repeated calls for service from police in a given timeframe.

Additional requirements apply to liquor license holders, such as the requirement to avoid serving intoxicated persons and enforce a legal-minimum drinking age for bar patrons. In some jurisdictions (such as Ontario, Canada) specific training is required for management and wait staff in establishments where liquor is sold.

International hospitality law

In many parts of the world, the hospitality industry is referred to as the “travel and tourism” industry or the “tourism” industry.

Several global organizations are in place to improve and promote the global travel industry, including the World Tourism Organization (WTO), the International Civil Aviation Organization (ICAO), and the World Health Organization(WHO).

Negligence

In regard to negligence, Indian jurisprudence have approved the approach stated in Ratanlal & Dhirajlal: The Law of Torts,[14][15] laying down three elements:

A legal duty to exercise "ordinary care and skill". The breach of [the] duty caused by the omission to do something which a reasonable man,

guided by those considerations which ordinarily regulate the conduct of human affairs would do, or doing something which a prudent and reasonable man would not do.

Resulting in injury to the plaintiff's person or property.

Professional negligence

The Indian approach to professional negligence requires that any skilled task requires a skilled professional.[16] Such a professional would be expected to be exercising his skill with reasonable competence.[17]

Professionals may be held liable for negligence on one of two findings:

He was not possessed of the requisite skill which he professed to have possessed. He did not exercise, with reasonable competence in the given case, the skill which he did

possess.

The standard to be applied for judging negligence would be that of an ordinary competent person exercising ordinary skill in that profession. It is not necessary for every professional to possess the highest level of expertise in that branch which he practices.[17] Professional opinion is generally accepted, but courts may rule otherwise if they feel that the opinion is "not reasonable or responsible".[18]

Contributory negligence

Indian Courts recognise the concept of contributory negligence. Contributory negligence means the failure by a person to use reasonable care for the safety of either of himself or his property, so that he becomes blameworthy in part as an "author of his own wrong".[19]

In the absence of reasonable care on the part of the claimant, courts are likely to reduce the liability of the injurer. "The rule of negligence with the defense of contributory negligence holds an injurer liable if and only if he was negligent and the victim was not. In India, this rule requires proportional sharing of liability when both parties were negligent. That is, the compensation that the victim receives gets reduced in proportion to his or her negligence."[20]

Hospitality Law: Managing Legal Issues in the Hospitality Industry

If there ever was a large topic to discuss then it has to be managing legal issues in the hospitality industry. The industry itself is so large that the laws governing it are detailed and sometimes complex. This doesn't mean you have to be a lawyer but what it does mean is two things. One, as an employee you have to aware of what your rights are. Secondly, as an employer or management you must know what your obligations in respect to the law are. Being in a management or ownership position managing legal issues in the hospitality industry is a burden

that you will constantly have to carry.

Depending on the state you are in determines what your legal responsibilities are from the perspective of being management or the business owner. To be on the safe side if you are in any way in control of staff, then you should be capable of managing the legal issues in the hospitality industry.

There are hospitality law courses that allow you to learn enough information and knowledge to help you recognize situations where there could be a legal problem or potential lawsuit. This will help in minimizing any lawsuits in your hotel or restaurants.

There are many laws that you must be aware of but here are some of the basic hospitality laws which you must be aware of. Here is where some very major lawsuits can surface if the laws governing these areas are not strictly adhered to.

Guests/Tenant Relationship Law Food and beverage laws and liability issues

Civil Action Innkeeper Rights

Criminal Action Guest Rights

Civil Rights Liquor Liability

Contracts Dram Shop Acts

Wage and Hour Issues

Liquor law and liquor licensing

Food and beverage laws and liability issues

City and health department codes

Building permits and construction contracts

Age, sex and racial discrimination

Family business wills and trusts planning

Real estate leases and contracts

Hospitality Law and the General Public

Again because there are so many avenues in the Hospitality Industry there is a lot to be learned according to the laws as they are applicable to the various categories. If you are in a management position then you will be able to focus on the laws that pertain to your specific employment area. If you are in hospitality business owner then you have a much heavier responsibility. You must not only know the laws yourself, but ensure that your management staff and regular employees do as well. Again, each state or country has their own rules and regulations. For very detailed aspects of the law, you will most certainly need the involvement of a lawyer that specializes in

this field.

Here are a few of the more significant laws and a variety of areas that they are most applicable to:

1. There are common laws that must be adhered to when supplying accommodation to guests for example in Hotels or Motels.

2. Be aware of Insurance regulations when it comes to conventions or group travel clients.

3. The laws regarding letting unregistered individuals enter another guest’s room. This naturally is a privacy issue.

4. It is important that you are well aware of the Americans with Disabilities Act, either in the way it is applicable to lodgings or the food sector of the industry. This is one of the most common areas for lawsuits within the Hospitality industry.

5. You must have general knowledge of when a possible crime has been committed and your responsibility to report it to the authorities.

6. The laws and procedures that must be followed should a guest at a hotel pass away.

7. The laws and rules and regulations when it comes to the food service industry within the Hospitality industry.

8. It is extremely important that all employers and employees be well versed in the fire regulation laws.

For anyone involved in the Hospitality Industry, they must realize that hospitality law is not to be taken lightly. Remember whenever you are dealing with the general public you have an obligation to safeguard their safety and well-being. That’s why there are so many stringent laws in place. You must take some general courses in this area. By doing so not only will you protect yourself against potential lawsuits or legal recourses, but also you will give yourself more credentials. These could be important to you if you are planning to move into a management position at some point in time.

Managing Legal issues in the hospitality industry is a great responsibility. It is a necessity though when you are dealing with so many sectors that involve the general public. Not only does knowing and adhering to the laws provide a safe environment but also it speaks well of the business establishment itself.

Duty to Accept Guests

Generally, an innkeeper is under a duty to receive all persons who offer themselves as guests. The relation of innkeeper and guest is a mutual contractual one, and the existence of intention by both parties is an essential element Langford v. Vandaveer, 254 S.W.2d 498 (Ky. 1953).

 A guest is a transient person who resorts to and is received at an inn for the purpose of obtaining the accommodation which it proposes to afford. But it is essential that a party must be a transient and if s/he is transient s/he may become a guest. It is laid down as one of the distinctive features of the relation that a guest is received under an implied contract. Pettit v. Thomas, 103 Ark. 593 (Ark. 1912).

If one holds himself/herself out to the public as an innkeeper, and is accustomed to receive all who apply and a transient goes to the house to procure accommodation and receives entertainment, the relationship is created.  A guest may be accepted at a hotel, without registration, by the mere delivery to him/her of the key to a room by the clerk. It is not mandatory that a guest must sign a hotel register as the evidence of the contract between the parties. Such contracts are mere matters of oral consent, and are legal without further formality. Moody v. Kenny, 153 La. 1007 (La. 1923). See our article on Contracts.

It is to be noted that, if a person is wrongfully ejected from a restaurant, then s/he is entitled to recover damages for injury to his/her feelings as a result of the humiliation. However, provided that the laws against discrimination are not violated, an innkeeper is not under obligation to receive as a guest everyone who applies. S/he has the right to reject or expel persons whom s/he reasonably deems objectionable. A person becomes a guest only if s/he is received to be treated as a guest and the intention to become such must be communicated to the innkeeper or his/her agent.

However, a mere guest of the registered occupant of a room at a hotel, who shares such room with its occupant without the knowledge or consent of the hotel management, will not be treated as a guest of the hotel. It is to be noted that the rights of hotel guests are not assignable or transferable. Therefore, if a registered guest, without permission from anyone representing the hotel, transferred a room to another person, that person will not have any right to its possession. Morningstar v. Lafayette Hotel Co., 211 N.Y. 465 (N.Y. 1914). It may be noted that a person who is not a guest and has no intention of becoming a guest will not have the legal right to enter or remain in a hotel against the will of the innkeeper. Such a person has a duty to leave peacefully when requested.

A franchise agreement dictates the terms, rights, and responsibilities between the franchisee and the franchisor. It covers termination policies, each party’s responsibilities, indemnification, and

REMOVAL OF GUESTS AND GUESTS OF GUESTS

Generally, an innkeeper gives a general license to all persons to enter his/her inn. It is not a trespass for one to enter an inn without a previous actual invitation. A guest is a paying patron of an inn or hotel. A guest is staying in a hotel for his own purpose. A guest is not interested in the business purposes of a hotel. A voluntary departure without an intention of return terminates the guest relationship. Duties arising out of the innkeeper-guest relationship are terminated when the

guest pays the bill and checks out of the hotel. An innkeeper may lawfully refuse to entertain objectionable characters calculated to injure his business or guests in a hazardous, uncomfortable or dangerous situation. The innkeeper need not accept anyone as a guest who is calculated to and will injure his/her business. State v. Steele, 106 N.C. 766 (N.C. 1890). Note that this does not include the right to discriminate based on race, religion, ethnicity, etc. regardless of whether it would injure the business of the innkeeper.

A guest has a right to remain in the hotel for a reasonable time. Upon the expiration of the rental period, a hotel guest has no right to use the room. S/he also loses any privacy interest associated with the room.  State v. Ahumada, 125 Ariz. 316, 318 (Ariz. Ct. App. 1980).

In order to remain in the hotel a guest must behave “properly.”  A guest must pay the amount charged. A guest becomes a trespasser when s/he conducts himself/herself in a disorderly manner and refuses to leave upon request. Additionally, an innkeeper can eject from the hotel, any person who is unwilling or unable to pay for accommodations and services of the hotel or the lodging house. A guest can be ejected by resorting to necessary force. There is no necessity to acquire a right of action for ejecting a guest who behaves improperly or disorderly. State v. Gordon, 437 A.2d 855 (Me. 1981). However, in the event the innkeeper is mistaken as to the guests conduct and utilizes inappropriate means to eject, liability against the innkeeper would lie.

A guest admitted to an inn can be removed thereafter by the innkeeper for:

refusal to pay his bill; becoming obnoxious to the other guests by his/her own fault;

becoming a person of general bad reputation; or

behaving in a disorderly manner.

An innkeeper can refuse to entertain “objectionable characters” that would otherwise injure his/her business and placing himself or his guests in a hazardous, uncomfortable, or dangerous situation. Raider v. Dixie Inn, 198 Ky. 152, 153-154 (Ky. 1923).

In one case,  the guest paid her board and lodging for a week in advance. She proved that she was residing elsewhere and came to the hotel for treatment. She stayed in the hotel for a week. Later she was informed that she no longer had a room at that hotel. When questioned, the proprietors argued that the guest was a woman of “bad character.” The proprietors argued that she was a recent inmate of a house of prostitution and was of notoriously immoral character. The proprietors claimed to lose business because of her presence at their hotel. The court held that the proprietors are permitted to lawfully refuse to entertain objectionable characters, injuring their business or to place the hotel in an uncomfortable situation. The court added that the means used to remove were not unlawful.

In another case,  Bertuca v. Martinez, 2006 Tex. App. LEXIS 1386 (Tex. App. San Antonio Feb. 22, 2006),  the occupant checked into a room and asked not to be disturbed. His mother not able to reach him asked the front desk to check on him. Hotel staff knocked the door and there was no response, except the sound of breaking glasses. The proprietor informed the police and he was

arrested on refusal to answer to police inquiry and resistance. Later charges were dropped. However, the occupant and his mother brought an action against the hotel. The court observed that there is no landlord-tenant relationship between a hotel and its guest. “When a guest is obnoxious for some reason, he may be forcibly removed without resort to legal process, provided no more force is used than necessary”.

Public inns are conducted for travelers and transient persons. An innkeeper’s liability exists only in the case of one who is a traveler and seeks the hospitality of the inn as a transient guest. Under the common law, an inn keeper owes an extraordinary duty of protection, both of person and of property of travelers and transient persons. However, an innkeeper has no duty as to one who has lost that status.

Further, there are limits as to how long one may maintain legally the guest status.  A person is not entitled to stay indefinitely. A person can be ejected on reasonable notice without any other reason. Additionally, an innkeeper can eject a guest engaged in unlawful or objectionable conduct. When a guest’s stay is detrimental to the hotel, s/he can be removed. Some statutes empowers innkeeper to exclude disorderly persons. United States v. Allen, 106 F.3d 695, 699 (6th Cir. Ky. 1997).

An innkeeper exercising his/her right to remove a guest must remove the guest in a reasonable and prudent manner. Moreover, a guest cannot be removed for an improper ground. An innkeeper cannot use force in ejecting a guest or invitee only on guest’s refusal to depart. S/he must first request the guest to depart. An innkeeper cannot use more force than is reasonably necessary to effect the ejection.

Hotel duty to protect guest

Duty to Provide Safe Premises

A hotel’s greatest legal obligation is the maintenance of a non-hazardous and secure environment. A hotel that fails to identify a foreseeable or obvious hazard and fails to adequately warn the guest of its existence may be found negligent and judged liable for resulting harm or damage to a guest.

In addition, hotels have a duty to inspect their facilities and identify hazards that may not be obviously apparent. Hotels can be deemed negligent if they “should have known” of the existence of a danger and failed to correct it and/or warn guests. Hotels also may be held liable for damage or harm caused by an employee’s negligence. If a guest ignores a clearly marked warning and endangers himself, the hotel is not liable.

 

Harm or Damage Caused by Other Guests or Third Persons

Hotels have a responsibility to provide “reasonable” protection to guests from harm caused by other guests or non-guests. For example, hotels can be liable for harm or damages to a guest resulting from their failure to “remove” a disorderly guest or third party.

If negligent in their provision of adequate security, hotels are liable for harm or damage to a guest resulting from criminal acts of a third party. Besides their duty to provide adequate locks on doors and windows, the inclusion of closed circuit television has become standard practice in hotel security.

Responsibility for Personal Property

Hotels limiting their liability for loss or damage to a guest’s personal property must inform guests with conspicuous notices. Hotels may also place limits on liability for items left in the hotel safe. Hotels may be liable for theft or damage of an item in a guest room, if clearly attributable to hotel staff or hotel negligence

List of conditions when guests can be evicted.

One of the conditions that hotels have for a stay is "Management reserves the right refuse or grant admission". It does not happen often enough as being a part of hospitality industry hotels do not resort to the extreme. However still there are situations where this clause is applied and some of those are listed as under: 

Guest arrive without an Identification (Drivers License, Passport, Credit Card etc.) for those destinations that require guests to identify at the time of check in (Delhi, Goa etc.), may be denied the use of the room that either was booked.

Hotels rooms are meant for a stay for visitors to the destination. However hotel rooms often get used by locals for Prostitution, "time out" by unmarried couples etc. Occupying hotel rooms by unmarried couples is illegal under Indian laws and therefore hotels have a right to refuse entry or evict any guests on this ground.  Most reputed 3-star and above category hotels turn a blind eye and desist asking for matrimonial status proof in case of perfectly respectful and good mannered couples. However its the cheaper budget hotels which police keep an Eagle's eye for any local prostitution related activity and therefore hotel managements of these hotels are sometimes extremely edgy about this and may enforce the rule even for genuine guests. 

No illegal activity can be carried out in a Hotel Room. If found, Hotels may report to the police or more likely evict a guest right away.

Local friends / visitors of the guests are not allowed to stay overnight in a hotel room with the guest. This may result into an eviction.

Guests arriving at the hotel or found anytime during the stay completely drunk or not in a stable state to carry himself / herself in a dignified way, may be denied entry or forcibly evicted.

Guests that for any reason create some sort of nuisance for other guests then at the request of other guests, hotel can evict a guest.

Any refusal to pay any charges at the hotel after using the service can result in eviction from the hotel.

Any major damage to hotel property may result into an eviction.

Any scuffle with any staff member over any issue may result into an eviction.

Any refusal to adhere to rules and regulations of the hotels especially related to check out times can result into forced eviction from the hotel.

Guest Privacy - Your Responsibilities As a Hospitality Operator To Guests

When a guest rents a hotel room, the courts have held that the guest should enjoymany of the same constitutional rights as he or she would in his or her own home.The hotel is, however, allowed to enter the room for routine maintenance, cleaning,and emergency services such as might be required in a fire or other disaster.

Liability for Damage or Loss to Guest Property

Generally, an innkeeper, under the common law doctrine of infra hospitium, is strictly liable for loss or damage to a guest’s property unless the property is lost or destroyed by an act of God, public enemy, or by the fault of the guest, or from some irresistible force other than the act of God or from an inevitable accident without fault by the innkeeper.  Some jurisdictions allow the innkeeper to exonerate by showing that the loss or injury was not attributable to any fault of the innkeeper or an employee or agent. Innkeepers shall also be liable for the injury caused by the defective condition of the inn premises.

Public policy requires an innkeeper to be insurer of the property of his or her guests.  An illegal act of the guest during the loss of or injury to his/her property shall not relieve the innkeeper of liability when the conduct is not the proximate cause of the loss.  However, a person going to a hotel for an unlawful purpose shall not become a guest and therefore not entitled to a protection.

When a property not in the custody of a guest is lost or damaged, an innkeeper is liable only as a bailee for the property of guests.  As a bailee, an innkeeper is liable only for gross negligence.  Usually, an innkeeper’s liability extends to all the goods brought by a guest and received within the inn.  An innkeeper owes a duty of providing security for the innkeeper’s guests and their baggage, and is liable if that duty is breached by the negligence of the innkeeper or the innkeeper’s employees.

The innkeeper shall be liable for the loss of the guest’s property and it shall extend to money, automobile or contents of the automobile, and any goods carried for commercial purpose.  The liability of an innkeeper for the loss or injury to another’s property depends on the on the existence of the relationship of innkeeper and guest between the parties at the time of such loss or injury.  The liability or responsibility of an innkeeper starts at the moment of the delivery of

the goods.  An innkeeper is not liable even as a bailee for the property of persons who do not intend to be guests.

An innkeeper is liable for the loss of or damage to a guest’s goods when they are being transported to or from the inn at his or her request.  To charge an innkeeper with the extraordinary liability of an innkeeper for the safety of the property of a guest, the property should be in some manner placed in the custody and control of the innkeeper.  A guest may retain personal custody of his or her goods within the inn without discharging the innkeeper from responsibility.

Wherever an innkeeper puts the goods of the guest, whether opened or closed, whether checkroom maintained by innkeeper or not, is within the limits of the inn.  Liability of an innkeeper shall be established if the guest checks in baggage, car keys and such things to the innkeeper or an employee.

The innkeeper-guest relationship comes to an end when the guest pays the bill and checks out of the hotel.  However, the liability of the innkeeper as such does not terminate at the instant the guest pays the bill and leaves the hotel.  When the relationship of innkeeper and guest has been terminated by the departure of the guest, the innkeeper is ordinarily deemed to be liable only as a gratuitous bailee for the property of the guest entrusted to his or her custody for storage or safekeeping.

Until the goods of a departing guest are delivered at a designated place, such as a transportation depot, the innkeeper shall be liable.  This liability exists though the innkeeper receives no additional compensation for providing this service.  A stipulation in the form of a notice that the innkeeper is relieved of all responsibility for loss or that the goods are kept at the owner’s risk does not relieve the innkeeper from liability for loss caused by his or her own negligence or that of an employee.  An innkeeper shall contract with a guest to receive the guest’s goods as an ordinary bailee, to keep it either for a reward or otherwise, and thus, be excused from extraordinary liability as an innkeeper.

An innkeeper may limit his/her common-law liability for the loss of or injury to the property of guests or make his or her liability therefore dependent upon the guests’ compliance with such rules or regulations, provided they are reasonable and due notice of the rules is given to the guest.  A reasonable notice of the proprietor’s rule or regulation limiting his/her liability should be given to the guest in order to modify the common-law liability of the innkeeper.

In almost all jurisdictions, statutes modify or limit the strict common-law liability of the innkeeper for the loss of or damage to property of guests. Statutes modifying or limiting the common-law liability of an innkeeper for the loss of a guest’s property usually apply to money, jewelry, precious stones, or articles of small bulk which are to be kept within a safe or the sleeping room of the guest.

Generally, the right to recover against an innkeeper for the loss of or injury to the goods of a guest is based on a breach of duty imposed by law.  The doctrine of contributory negligence is

applicable to bar or diminish the damages recoverable by a guest in an action against an innkeeper for loss of the guest’s property.

Guest register

2  (1) A keeper of a hotel must provide and keep a suitable guest register for the registration of all persons provided with sleeping, housekeeping, camping or other accommodation at the hotel, and all those guests must be registered in it.

(2) On the arrival of a guest the keeper must require the guest to enter in the register, or must enter for the guest, the following:

(a) the name and home address of the guest and of all other persons in the guest's party;

(b) the date of the arrival;

(c) if the guest is travelling by motor vehicle,

(i)  the trade name of the motor vehicle, and

(ii)  the licence number, and other identifying letters or characters appearing on the official number plate carried on it, including the name of the province, state or country in which the number plate was issued.

(3) On the departure of the guest, the keeper must enter the date of departure in the register.

Crime of Trespass

An unlawful intrusion that interferes with one's person or property.

Tort Law originated in England with the action of trespass. Initially trespass was any wrongful conduct directly causing injury or loss; in modern law trespass is an unauthorized entry upon land. A trespass gives the aggrieved party the right to bring a civil lawsuit and collect damages as compensation for the interference and for any harm suffered. Trespass is an intentional tort and, in some circumstances, can be punished as a crime.

Food Services and Hospitality

Almost everyone who loves to eat, drink or cook has probably entertained thoughts about opening a restaurant, bar, bakery or other business in the food services and hospitality industry. What many people don't realize is that businesses operating in the food and hospitality industry are among the

most-highly regulated. Many of these laws exist because failure to follow proper food-handling procedures can potentially lead to sickness or death.

Food license: Required of any business that's selling food, regardless of whether it's sold directly to the public or to a middleman, prepared by the business or prepared offsite. The food permit may be issued by the local, county or state department of health, and regular inspections are often required to keep the license in good standing.

Liquor license: A liquor license gives your business the legal right to sell alcohol at your establishment. Rules will vary from jurisdiction to jurisdiction. In some areas, different licenses may be required to sell beer and wine, and to sell hard alcohol. The governing body may only issue a limited number of permits, and to acquire one you might have to purchase it from an existing business. Your state liquor control board can advise you on the process of obtaining a liquor license.

WAGE AND HOUR LAWS APPLICABLE TO HOTEL EMPLOYEES

THE MINIMUM WAGES ACT, 1948

I OBJECT: For fixing minimum rates of wages in certain employments.

II APPLICABILITY: It extends to the whole of India and applies to scheduled employments in respect of which minimum rates of wages have been fixed under this act.

III SCHEDULED EMPLOYMENTS: An employment specified in the schedule, or any process or branch of work forming part of such employment (Section-2g)

IV FIXING OF MINIMUM RATES OF WAGES:

i. The appropriate government shall fix the minimum rates wages payable to employees employed in a scheduled employment.

ii. Review at such intervals not exceeding five years, the minimum rates of wages so fixed and revise the minimum rates if necessary. The minimum rates of wages may be fixed as a minimum time rate or a minimum piece rate or as a guaranteed time rate (Section-3).

V PAYMENT OF MINIMUM RATES OF WAGES: The employer shall pay to every employee in a scheduled employment under him wages at the rate not less than the minimum rates of wages fixed under the Act. (Section-12)

VI HOURS OF WORK, OVERTIME ETC

The Act also provides for regulation or working hours, overtime, weekly holidays and overtime wages. Period and payment of wages, and deductions from wages are also regulated. (Section—13 to 17)

VII CLAIMS UNDER THE ACT (Section-20) this section makes provisions to appoint authorities to hear and decide all claims arising out of payment less than the minimum rates of wages or any other monetary payments due under the Act. The presiding officers of the Labour court and Deputy Labour Commissioners are the authorities appointed.

151

VIII WHO CAN FILE A CLAIM PETITION

i. The Employee or

ii. Any legal practitioner or any official of a regd. Trade union authorised in writing to act on his behalf or

iii. Any Inspector or

iv. Any person acting with the permission of the authority under Section-20 (I)

IX REGISTERS AND RECORDS

Every employer shall maintain the following registers and records as required under the Kerala Minimum Wages Rules 1958 enacted vide section-30 of the Act.

i. Register of wages in Form No. XI or Form XII

ii. A muster-roll in Form No. VI

iii. Register of fines, Form No. I

iv. Register of deductions for damage or loss in Form No. II

v. Register of overtime in Form No. V

vi. Visit book

vii. A wage slip in Form No. XIII shall be issued by every employer to every person employed by him at least a day prior to the disbursement of wages.

X. NOTICE TO BE EXHIBITED: A notice in Form IV containing the minimum rates of wages fixed together with the abstract of the Act, the rates made there under and the name and address of the inspector shall be displayed in English and in a language understood by the majority of the workers.

XI. ANNUAL RETURNS: Annual returns in Form III or Form III a as per rule 21 (4) (iii)

shall be submitted to the Inspector before the first day of the February of the succeeding

year.

XII. PRESERVATION OF REGISTERS: All the registers shall be preserved for a period of

three years after the date of last entry made within.

XIII. PENTALITY: Any employer who contravenes (violates) any of the provisions of this Act other than those relating to Section 12 and 13 of any rule or any order made there under shall be punishable with fine, which may extend to Rs.500. Any employer who contravenes the provision relating to the payment of minimum rates of wages fixed (Section- 12) hours of work stipulated for constituting a normal working day as per section 13 shall be punishable with imprisonment for a term which may extend to six months or with fine which may extend to Rs. 500/- or with both.

XIV. AUTHORITIES APPOINTED UNDER THE ACT:

1. Inspector: (Under Section-19)

a. Labour Commissioner

b. Additional Labour Commissioner (IR and E)

c. Regional Joint Labour Commissioners

d. Joint Labour Commissioner (P)

e. Chief Inspector of Plantations

f. Deputy Labour Commissioner (HQ)

g. Dist Labour Officer (HQ)

h. Additional Labour Commissioner, Kozhikode

i. Dist Labour Officers (E)

j. Inspector of plantations

k. Asst. Labour Officers – Grade II

2. Claim Authorities (under Section –20)

a. Labour Courts

b. Deputy Labour Commissioners

3. Sanctioning Authority under Sec. 22

a. Labour Courts

b. The chief inspector of plantations c. Dist. Labour officers

CONSUMER PROTECTION LAWS AFFECTING HOTELS ntroduction The Consumer Protection Act 1986 is a social welfare legislation which was enacted as a result of widespread consumer protection movement. The main object of the legislature in the enactment of this act is to provide for the better protection of the interests of the consumer and to make provisions for establishment of consumer councils and other authorities for settlement of consumer disputes and matter therewith connected.

In order to promote and protect the rights and interests of consumers, quasi judicial machinery is sought to be set up at district, state and central levels. These quasi judicial bodies have to observe the principles of natural justice and have been empowered to give reliefs, of specific nature and also to impose penalties for non compliance of the orders given by such bodies.

The main object of these bodies is to provide speedy and simple redressal to consumer disputes. It is one of the benevolent pieces of legislation intended to protect the consumers at large from exploitation.

UN GUIDELINES FOR THE CONSUMER PROTECTION

Protect from hazard to health & safety;Promote & protect economic interests;Provide adequate information for informed choice;Consumer education;Provide effective redress—formal and informal procedures;Freedom to form groups & present views in decision-making affecting consumers;

PUBLIC HEALTH AND SAFETY REQUIREMENTS National Building Code 2005

Important features of National Building Code 20051)Inclusion of a complete viewpoint and direction for successfully accomplishing the building projects through Integrated Multidisciplinary Approach right through conceptual stage to planning, designing, construction, operation and maintenance stages

2) Provisions to ensure and certification of safety of buildings against natural disaster by engineer and structural engineer

3) Provision for two stage permit for high rise and special buildings like hotels and resorts.

4) Provision for periodic renewal certificate of occupied buildings from structural, fire and electrical safety point of view

5) Provision for empowering engineers and architects for sanctioning plans of residential buildings up to 500 m2

7) Revision of parking requirements for hotels in metro and mega cities

8) Revision of the provisions for buildings and facilities for physically challenged

9) Fire safety norms completely revamped through detailed provisions on Fire Prevention, Life Safety and Fire Protection

10) Inclusion of new categories of starred hotels, heritage structures and archeological monuments for fire safety provisions

11) Substitution of helium based fire/extinguishers fire fighting system

12) Promotion to new/innovative building materials/technologies like boutique hotels, eco hotels.

13) Inclusion of latest provisions for earthquake resistant design and construction

14) Inclusion of details on multi-disaster prone areas in the hotel.

15) Prefabricated and composite construction for speedier construction

16) Updating of provision of safety in construction

17) Complete revision of provision on building and plumbing services in line with applicable international practices

18) Provisions on rain water harvesting

Govt. Responsibilities to maintain public health.

THE NEW DELHI MUNICIPAL COUNCIL ACT, 1994

According  to the provisions of this Act ,the Council has to make adequate provisions by any means or measures to enforce the following matters, namely-

(a) the construction, maintenance and cleansing of drains and drainage works and similar conveniences;

(b) the construction and maintenance of work and means for providing supply of water for public and private purposes;

(c) The removal and disposal of filth, rubbish and other obnoxious or polluted matters.

Mandatory requirements to start a Hotel in residential areas

1.     Fire clearance from Chief Fire Officer, Delhi Fire Services, and Delhi. 2.     Health Trade Licenses from civic agencies i.e. MCD/NDMC/DCB. 3.     Structurally Safety Certificate and Certificate of height of building as per provisions contained in MCD Health Dep’t

Circular.Recycling of Waste Water for Non Drinking Water Use All hotels should have two distribution lines, one for drinking water and other for non-drinking water/recycled treated waste water for reuse. All the waste requirements for non-drinking purpose in big hotels industrial units, central air-conditioning of large buildings/institutions, large installations, irrigation of parks/green areas and other non-potable demands should be met through treated recycled waste water.

Union Territory of Delhi-Building Bye-Laws, 1983Building Bye-laws applicable for the 'development areas' of the Delhi Development Authority within the Union Territory of Delhi-Building Bye-Laws, 19836.2.4.1 Building Plans for Multistoried/Special Buildings-For multi-storied buildings which are more than 15m height and for special buildings like assembly, institutional, industrial, storage and hazardous occupancies the following additional information shall be furnished indicated in the Building Plans in addition to the items (a) to (1) of Bye-laws No. 6.2.4:-

a)     Access to fire appliances/vehicles with details of vehicular turning circle and clear motorable access way around the building;

b)     Size (width) of main and alternate staircases along with balcony approach, corridor, ventilated lobby approach; location and details of lift enclosures; location and size of fire lift;

c)     Smoke stop lobby/door where provided; Refuse chutes; refuse chamber, service duct, etc. vehicular parking spaces ,refuge area, if any;

d)     Details of Building Services-air conditioning system with position of dampers, mechanical ventilation system electrical services, boilers, gas pipes etc.

e)      Details of exits including provision of ramps, etc. for hotels, and special risks area.f)       location of generator, transformer & switch gear room, Smoke exhauster system if any; g)      Details of fire alarm system; h)      Location of centralized connecting all fire alarm, system, built-in fire protection arrangements and public address

system, etc.Location and dimension of static water storage tank and pump room;

i)      Location and details affixed fire protection installation such as sprinklers, wet risers, hose reels, drenchers. CO2 installations etc.; and

j)      Location and details of first aid fire fighting equipments/installations;

6.2.5 Service Plan-Plans, elevations and sections of private water supply, sewage disposal system and details of building services, where required by the Authority, shall be made available on a scale not less than 1: 1 00. 6.2.8 Execution of Drainage/Sanitary Works-Notice shall be further accompanied by a certificate of supervision/execution of the water supply and drainage works etc. in the prescribed form (and in Appendix 'B') duly signed by licensed Plumber/Engineer.

PARKING SPACES: 13.1 The parking spaces to be provided in building shall be as per the recommendations contained in Master Plan/Zonal Plans and the regulations of Delhi Development Authority. In areas not covered specifically by the above and for occupancies where specific provisions are not made, the parking spaces shall be in accordance with Bye-law No. 13.2. 13.2 One car space per 92.93 sq. m. of the covered area. This parking can be provided in any manner, i.e. covered, or open. In providing the parking, care has to be taken that 50% of of the open space is left for landscaping and is not accounted for into parking calculations.

13.5 In addition to the parking spaces provided, for buildings of Mercantile (Commercial), Industrial and Storage, at the rate of one such space for loading and unloading activities for each 100 sq.mt of floor area or fraction thereof exceeding the first 200 sq.mt of floor area, shall be provided.

14.14.2 Where the lighting and ventilation requirements are not met through day lighting and natural ventilation, the same shall be ensured through artificial lighting and mechanical ventilation as per Part VIII Building Services Section 1 Lighting and Ventilation of National Building Code of India published by the Indian Standards Institution. The latest version of the National Building Code of India shall be taken into account at the time of enforcement of Building Bye-laws

15. PROVISION OF LIFTS: 15.1 Provision of lift shall be made for all buildings more than 15 m in height. 16. EXIT REQUIREMENTS: 16.1 General-Following general requirements shall apply to exits:-              a)                Every building meant for human occupancy shall be provided with exits sufficient to permit safe escape occupants in case of fire or other emergency.              b)                In every building exit shall comply with the minimum requirement of this part, except those not accessible for general public use.   c)       All exits shall be free of obstructions.             d)                No building shall be altered so as to reduce the number, width or protection of exits to less than that required.             e)                Exits shall be clearly visible and the routes to reach the exit shall be clearly marked and posted to guide the population of floor concerned.

            f)                 All exit ways shall be properly illuminated.

g) Firefighting equipment where provided along exits shall be suitably located and clearly marked but must not obstruct the exit way and yet there should be clear indication about its location from either side of the exit way.

              h)               Alarm devices shall be installed to ensure prompt evacuation of the population concerned though the exits               i)                All exits shall provide continuous means of egress to the exterior of a building or to an exterior open space leading to a street.              j)                Exits shall be so arranged that they may be reached without passing through another occupied unit, except in the case of residential buildings.

16.2 Types of Exits' a) Exits shall be either of horizontal or vertical type. An exit may be doorway, corridor, and passage ways to an internal staircase or external staircase, ramps or to a verandah and/or terraces which have access to the street or to roof of a building. An exit may also include:-

i.      Horizontal exit leading to an adjoining building at the same level; and ii.     Lifts and escalators shall not be considered as exits.

16.3 Number and Size of Ex its-The requisite number and size of various exits shall be provided, based on the population in each room, area and floor based on the occupant load, capacity of exits, travel distance' and height of buildings as per provisions of Bye-laws No. 16.3.1 to 16.3.3. 16.3.1 Arrangement of Exits-Exits shall be so located so the travel distance on the floor shall not exceed 22.5 m for residential, educational, institutional and hazardous occupancies and 30 m for assembly, business, mercantile, industrial and storage occupancies. Whenever more than one exit is required for a floor of a building, exits shall be placed as remote from each other as possible. All the exits shall be accessible from the entire floor area at all floor levels. 16.3.2 Occupant Load-The population in rooms, areas of floors shall be calculated based on the occupant load 16.3.3 Capacity of Exits-The capacity of exits (doors and stairways) indicating the number of persons of that could be safely evacuated through a unit exit width of 50 m.

                                                                   

                                           Occupant LoadS1.No. Group of Occupancy Occupant Load Gross Area

*in m2/personResidential 12.5

Business and Industrial 6

Storage 10

GENERAL BUILDING REQUIREMENTS ELEVATORS (LIFTS) A lift shall be provided in all buildings as prescribed hereunder. (i) In case of Building having height more than 13.0 Mts. lift shall be provided. (ii) Lift shall be provided at the rate of one lift for 20 tenements of all the floors. Or part thereof for residential buildings and at the rate of one lift per 1000.00sq.mts. Or part thereof of built-up area for non-residential buildings. The tenement and built-up area on ground floor and two upper floors shall be excluded in computing the above requirement.

Lift shall be provided from ground floor and shall have minimum capacity of six persons. On the basis of detailed calculations based on the relevant provisions of National Building Code. the number of lifts can be varied. (iii) Not withstanding anything contained in the Development Control Regulations in case of building with 21 meters or more in height. at least two lifts shall be provided.

FIRE PROTECTIONS: In case of high rise buildings: The following provision shall be made for safety of buildings from fire:- (i)            In addition to the requirement under Regulation No. 17.1 at least one lift designed as fire-lift as defined in the National Building Code shall be installed. (ii)           At least one stair-case shall be provided as a fire staircase as defined in the National Building Code. Provided that this shall not be applicable if any two sides of a staircase are kept totally open to external open air space. (iii)          Water Supply: Underground tank of the capacity of one lakh liters and two lakh litres for the buildings situated within the municipal limit and outside of the municipal limit respectively be invariably provided in all the high rise buildings. Water in the normal use tank should come only through the overflow of fire tank so provided. (iv)          In high rise buildings, the internal fire hydrants shall be installed as provided in the National Building Code or as prescribed in the Indian Standard Code of practice for installation of internal fire hydrants in high rise buildings. The detailed plan showing the arrangement of pipelines, booster pumps and water-tanks at various levels shall be submitted for approval of the concerned authority along with the plans and sections of the buildings. (v)           In case of high rise buildings, an external fire hydrant shall be provided within the confines of the site of the building and shall be connected with Municipal Water mains not less than 4" in diameter. In addition, fire hydrant shall be connected with Booster Pump from the static supply maintained on site. (vi)          In case of high rise buildings separate electric circuits for lift installation, lighting of passages, corridors and stairs and for internal fire hydrant system shall be provided. (vii)         All the requirements under the above regulations shall be clearly indicated on plans duly signed by the owner and the person who has prepared the plans. The Competent Authority may direct the owner to submit such further drawings as may be necessary. to clarify the implementation of the provisions of the above regulations. (viii)        Every building having a height of more than 25 Mts. shall be provided with diesel generators which can be utilized in case of failure of the electricity.

SWIMMING POOL - Union Territory of swimming pool licensing & Controlling Regulation 1980.Any hotel desiring to keep a swimming pool shall apply for a license to the licensing Unit. The following documents are required to be submitted along with the application for the grant of swimming pool license under Union Territory of swimming pool licensing & Controlling Regulation 1980. The license is granted up to 31 December of the year and subsequently renewed each year up to December 31ist of the year.Documents required for grant of License

         Application on prescribed format (04 sets)          04 post card size photographs of swimming pool from different angles.          Site Plan approved by competent authority. (4 sets)            Copy of proof of ownership of land/ lease agreement deed paper.          04 passport size photographs of applicant duly attested by a G. O          Latest water test report from authorized laboratory.           Residence proof of the applicant i.e. hotel.         Affidavit by the applicant on a non-judicial stamp paper worth Rs.100/- with Rs.5/- judicial stamp duly attested by

Notary Public and self attested photograph. Once the application form along with the documents is submitted letters are sent to various units for obtaining their no objection Certificate. The following N.O.C's are required for the grant of Swimming Pool license -

         NOC from district Police from law & order point of view.          NOC from concerned traffic police from traffic point of view          Health /Trade license from MCD/NDMC or DCB as per the location of the swimming pool          Recommendation from the Sports Authority of India Coach.          Character Verification report of the individual from the concerned district police.

Once the following N.O.C‘s are obtained an inspection is done by the Licensing Unit and if all the safety and hygiene requirements are met the license is granted for a period of one ye