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Chapter 10 Chapter 10 Your Your Responsibilit Responsibilit ies as a ies as a Hospitality Hospitality Operator to Operator to Guests Guests
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Chapter 10 Your Responsibilities as a Hospitality Operator to Guests.

Mar 26, 2015

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Page 1: Chapter 10 Your Responsibilities as a Hospitality Operator to Guests.

Chapter 10Chapter 10

Your Your ResponsibilitieResponsibilities as a s as a Hospitality Hospitality Operator to Operator to GuestsGuests

Page 2: Chapter 10 Your Responsibilities as a Hospitality Operator to Guests.

© 2005 Stephen C. Barth P.C. and John Wiley & Sons, Inc.All Rights Reserved

Your Responsibilities as a Your Responsibilities as a Hospitality Operator to GuestsHospitality Operator to Guests

Accommodating GuestsAccommodating Guests Guest PrivacyGuest Privacy Facility MaintenanceFacility Maintenance Responsibilities To NonguestsResponsibilities To Nonguests Removal Of GuestsRemoval Of Guests

Page 3: Chapter 10 Your Responsibilities as a Hospitality Operator to Guests.

© 2005 Stephen C. Barth P.C. and John Wiley & Sons, Inc.All Rights Reserved

In This Chapter, You Will Learn:In This Chapter, You Will Learn:

1.1. To understand your legal responsibility To understand your legal responsibility to admit guests, and the circumstances to admit guests, and the circumstances when such admission can be denied.when such admission can be denied.

2.2. To protect the guest’s right to privacy.To protect the guest’s right to privacy.

3.3. To operate and maintain a facility in a To operate and maintain a facility in a way that maximizes the safety of guests way that maximizes the safety of guests and compliance with the law, including and compliance with the law, including Title III of the Americans with Title III of the Americans with Disabilities Act (ADA).Disabilities Act (ADA).

Page 4: Chapter 10 Your Responsibilities as a Hospitality Operator to Guests.

© 2005 Stephen C. Barth P.C. and John Wiley & Sons, Inc.All Rights Reserved

In This Chapter, You Will Learn:In This Chapter, You Will Learn:

4.4. To differentiate among various To differentiate among various types of nonguests, and understand types of nonguests, and understand your obligations toward them.your obligations toward them.

5.5. To generate the procedures To generate the procedures required to safely and legally required to safely and legally remove guests from a property.remove guests from a property.

Page 5: Chapter 10 Your Responsibilities as a Hospitality Operator to Guests.

© 2005 Stephen C. Barth P.C. and John Wiley & Sons, Inc.All Rights Reserved

Accommodating GuestsAccommodating Guests

Legalese:Legalese:

Guest Guest - A customer who lawfully - A customer who lawfully utilizes a utilizes a facility’s food, facility’s food, beverage, lodging, or beverage, lodging, or entertainment entertainment services.services.

Page 6: Chapter 10 Your Responsibilities as a Hospitality Operator to Guests.

© 2005 Stephen C. Barth P.C. and John Wiley & Sons, Inc.All Rights Reserved

Analyze the Situation 10.1Analyze the Situation 10.1Nicole Frost and Steve Merchand were Nicole Frost and Steve Merchand were

brother and sister. When their grandfather, brother and sister. When their grandfather, Wayne Merchand, was hospitalized for care Wayne Merchand, was hospitalized for care after a heart attack, the two began to visit him after a heart attack, the two began to visit him regularly at Laurel Memorial Hospital.regularly at Laurel Memorial Hospital.

One Sunday afternoon, after visiting with One Sunday afternoon, after visiting with their grandfather, Nicole and Steve went to their grandfather, Nicole and Steve went to the hospital's cafeteria for a light lunch. A the hospital's cafeteria for a light lunch. A professional foodservice management professional foodservice management company operated the cafeteria under company operated the cafeteria under contract to the hospital. contract to the hospital.

Page 7: Chapter 10 Your Responsibilities as a Hospitality Operator to Guests.

© 2005 Stephen C. Barth P.C. and John Wiley & Sons, Inc.All Rights Reserved

Analyze the Situation 10.1Analyze the Situation 10.1

Nicole and Steve selected their lunches Nicole and Steve selected their lunches from an assortment of beverages and from an assortment of beverages and prewrapped sandwiches that were prewrapped sandwiches that were displayed unrefrigerated on a tray in the displayed unrefrigerated on a tray in the middle of the cafeteria serving line. The middle of the cafeteria serving line. The sandwiches were made of ham and sandwiches were made of ham and cheese, with a salad dressing spread, cheese, with a salad dressing spread, lettuce, and tomato. Steve paid for the lettuce, and tomato. Steve paid for the sandwiches, beverages, and some chips; sandwiches, beverages, and some chips; then he and Nicole took a seat in the then he and Nicole took a seat in the cafeteria dining room. cafeteria dining room.

Page 8: Chapter 10 Your Responsibilities as a Hospitality Operator to Guests.

© 2005 Stephen C. Barth P.C. and John Wiley & Sons, Inc.All Rights Reserved

Analyze the Situation 10.1Analyze the Situation 10.1

Approximately four hours after Approximately four hours after eating lunch, both Steve and Nicole eating lunch, both Steve and Nicole became ill. They determined that they became ill. They determined that they both had suffered a food-borne illness. both had suffered a food-borne illness. The two filed suit against the hospital The two filed suit against the hospital and its contract foodservice and its contract foodservice management company. When the facts management company. When the facts of the case came out, the hospital of the case came out, the hospital maintained that, as visitors, not maintained that, as visitors, not patients, the hospital had no liability patients, the hospital had no liability toward Nicole and Steve. toward Nicole and Steve.

Page 9: Chapter 10 Your Responsibilities as a Hospitality Operator to Guests.

© 2005 Stephen C. Barth P.C. and John Wiley & Sons, Inc.All Rights Reserved

Analyze the Situation 10.1Analyze the Situation 10.1

The foodservice management company The foodservice management company operating the hospital cafeteria operating the hospital cafeteria maintained that its liability extended maintained that its liability extended only to Steve since he was the only only to Steve since he was the only guest who in fact purchased food from guest who in fact purchased food from its service. Management maintained its service. Management maintained they should not be held responsible for they should not be held responsible for the illness suffered by an individual that the illness suffered by an individual that they did not actually serve. they did not actually serve.

Page 10: Chapter 10 Your Responsibilities as a Hospitality Operator to Guests.

© 2005 Stephen C. Barth P.C. and John Wiley & Sons, Inc.All Rights Reserved

Analyze the Situation 10.1Analyze the Situation 10.1

1.1. Was Nicole a guest of the Was Nicole a guest of the foodservice facility?foodservice facility?

2.2. Should Steve bear partial Should Steve bear partial responsibility for the damage he responsibility for the damage he and Nicole suffered, given that he and Nicole suffered, given that he purchased the sandwiches?purchased the sandwiches?

3.3. What type of liability (from Chapter What type of liability (from Chapter 9, “Your Responsibilities as a 9, “Your Responsibilities as a Hospitality Operator”) applies in Hospitality Operator”) applies in this case? Why?this case? Why?

Page 11: Chapter 10 Your Responsibilities as a Hospitality Operator to Guests.

© 2005 Stephen C. Barth P.C. and John Wiley & Sons, Inc.All Rights Reserved

Accommodating GuestsAccommodating Guests

Legalese:Legalese:

Transient Guest Transient Guest - A customer who - A customer who rents rents real property for a relatively real property for a relatively short short period of time (e.g., small period of time (e.g., small number of number of days with no intent of days with no intent of establishing a establishing a permanent permanent residency).residency).

Page 12: Chapter 10 Your Responsibilities as a Hospitality Operator to Guests.

© 2005 Stephen C. Barth P.C. and John Wiley & Sons, Inc.All Rights Reserved

Accommodating GuestsAccommodating Guests

Legalese:Legalese:

Tenant Tenant - Anyone, including a - Anyone, including a corporation, corporation, who rents real property who rents real property for an for an extended period of time extended period of time with the intent with the intent of establishing a of establishing a permanent occupation permanent occupation or or residency. residency.

Page 13: Chapter 10 Your Responsibilities as a Hospitality Operator to Guests.

© 2005 Stephen C. Barth P.C. and John Wiley & Sons, Inc.All Rights Reserved

Definition of a GuestDefinition of a Guest

Billing format.Billing format. Tax payment.Tax payment. Address use.Address use. Contract format.Contract format. Existence of deposit.Existence of deposit. Length of stay.Length of stay.

Page 14: Chapter 10 Your Responsibilities as a Hospitality Operator to Guests.

© 2005 Stephen C. Barth P.C. and John Wiley & Sons, Inc.All Rights Reserved

Analyze the Situation 10.2Analyze the Situation 10.2

Ketan Patel operated the Ketan Patel operated the Heartworth Suites, an extended-stay, Heartworth Suites, an extended-stay, limited-service hotel of 85 rooms. limited-service hotel of 85 rooms. Approximately 40 percent of his guests Approximately 40 percent of his guests were "extended-stay," which Mr. Patel's were "extended-stay," which Mr. Patel's company defined as a stay longer than company defined as a stay longer than five consecutive days. The remaining five consecutive days. The remaining rooms were sold to traditional transient rooms were sold to traditional transient guests, whose average stay was guests, whose average stay was approximately 1.8 days.approximately 1.8 days.

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© 2005 Stephen C. Barth P.C. and John Wiley & Sons, Inc.All Rights Reserved

Analyze the Situation 10.2Analyze the Situation 10.2

Bob Thimming was an extended-Bob Thimming was an extended-stay guest at the Heartworth, and an stay guest at the Heartworth, and an employee of Katy Highway Contractors. employee of Katy Highway Contractors. Mr. Thimming held the position of Mr. Thimming held the position of construction foreman for a stretch of construction foreman for a stretch of interstate highway being repaired in the interstate highway being repaired in the vicinity of the Heartworth Suites. vicinity of the Heartworth Suites.

Page 16: Chapter 10 Your Responsibilities as a Hospitality Operator to Guests.

© 2005 Stephen C. Barth P.C. and John Wiley & Sons, Inc.All Rights Reserved

Analyze the Situation 10.2Analyze the Situation 10.2

His company signed a contract with the His company signed a contract with the Heartworth confirming that Mr. Thimming Heartworth confirming that Mr. Thimming would be given a special monthly, rather would be given a special monthly, rather than daily rate, because he was staying in than daily rate, because he was staying in the hotel for six consecutive months as the hotel for six consecutive months as part of his work assignment.part of his work assignment.

In the third month of his stay, Mr. In the third month of his stay, Mr. Thimming arrived at the hotel from his job Thimming arrived at the hotel from his job site at approximately 5:30 P.M. to find the site at approximately 5:30 P.M. to find the door to his room ajar. door to his room ajar.

Page 17: Chapter 10 Your Responsibilities as a Hospitality Operator to Guests.

© 2005 Stephen C. Barth P.C. and John Wiley & Sons, Inc.All Rights Reserved

Analyze the Situation 10.2Analyze the Situation 10.2

He entered the room and discovered He entered the room and discovered that his $4,000 watch, which he had left that his $4,000 watch, which he had left on the nightstand, was missing. Mr. on the nightstand, was missing. Mr. Thimming contacted Mr. Patel to Thimming contacted Mr. Patel to complain of the theft. Because the hotel complain of the theft. Because the hotel was equipped with electronic locks, Mr. was equipped with electronic locks, Mr. Patel was able to perform a lock audit Patel was able to perform a lock audit and retrieved the following information and retrieved the following information for the day in question:for the day in question:

Page 18: Chapter 10 Your Responsibilities as a Hospitality Operator to Guests.

© 2005 Stephen C. Barth P.C. and John Wiley & Sons, Inc.All Rights Reserved

Analyze the Situation 10.2Analyze the Situation 10.2

TimeTime Key usedKey used Key Issued ToKey Issued To ResultResult

6:30 A.M.6:30 A.M. 7J 105-607J 105-60 GuestGuestEntryEntry

6:32 A.M.6:32 A.M. 7J 105-607J 105-60 GuestGuestEntryEntry

1:30 P.M.1:30 P.M. 1M 002-31M 002-3 MaintenanceMaintenance EntryEntry

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© 2005 Stephen C. Barth P.C. and John Wiley & Sons, Inc.All Rights Reserved

Analyze the Situation 10.2Analyze the Situation 10.2

Mr. Thimming maintained that someone Mr. Thimming maintained that someone negligently left the door open, and as a negligently left the door open, and as a result, his watch was stolen. He result, his watch was stolen. He contacted his company, whose in-house contacted his company, whose in-house attorney called Mr. Patel. The attorney attorney called Mr. Patel. The attorney stated that Mr. Thimming was a tenant stated that Mr. Thimming was a tenant of the hotel, and as a landlord, Mr. Patel of the hotel, and as a landlord, Mr. Patel was responsible for the negligent acts was responsible for the negligent acts of his employee and should reimburse of his employee and should reimburse Mr. Thimming for his loss. Mr. Thimming for his loss.

Page 20: Chapter 10 Your Responsibilities as a Hospitality Operator to Guests.

© 2005 Stephen C. Barth P.C. and John Wiley & Sons, Inc.All Rights Reserved

Analyze the Situation 10.2Analyze the Situation 10.2 Mr. Patel replied that Mr. Thimming was not a Mr. Patel replied that Mr. Thimming was not a

tenant but a transient guest, and thus was subject tenant but a transient guest, and thus was subject to a state law that limits an innkeeper's liability in to a state law that limits an innkeeper's liability in such cases to $350. The attorney disagreed, based such cases to $350. The attorney disagreed, based on the six-month “lease” signed by Katy Highway on the six-month “lease” signed by Katy Highway Contractors for Mr. Thimming. He demanded that Contractors for Mr. Thimming. He demanded that the watch be replaced and threatened to file suit if the watch be replaced and threatened to file suit if it was not. Mr. Patel contacted his attorney, who it was not. Mr. Patel contacted his attorney, who offered, based on his view of the complexity of the offered, based on his view of the complexity of the case, to defend the Heartworth Suites for $3,000, case, to defend the Heartworth Suites for $3,000, with a required retainer (down payment) of $2,000.with a required retainer (down payment) of $2,000.

Page 21: Chapter 10 Your Responsibilities as a Hospitality Operator to Guests.

© 2005 Stephen C. Barth P.C. and John Wiley & Sons, Inc.All Rights Reserved

Analyze the Situation 10.2Analyze the Situation 10.2

1.1. Was Mr. Thimming a transient guest Was Mr. Thimming a transient guest or a tenant?or a tenant?

2.2. Why is the distinction important in Why is the distinction important in this situation?this situation?

3.3. What should Mr. Patel do in the What should Mr. Patel do in the future to avoid the expense of future to avoid the expense of litigation such as this?litigation such as this?

Page 22: Chapter 10 Your Responsibilities as a Hospitality Operator to Guests.

© 2005 Stephen C. Barth P.C. and John Wiley & Sons, Inc.All Rights Reserved

Admitting GuestsAdmitting Guests

Legalese:Legalese:

Public Accommodation Public Accommodation - A facility - A facility that that provides entertainment, provides entertainment, rooms, space rooms, space or seating for the or seating for the use and benefit of use and benefit of the general the general public.public.

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© 2005 Stephen C. Barth P.C. and John Wiley & Sons, Inc.All Rights Reserved

Admitting GuestsAdmitting Guests

Legalese:Legalese:

Segregate Segregate - To separate a group or - To separate a group or individual on any basis, but individual on any basis, but especially especially by race, color, religion, by race, color, religion, or national or national origin.origin.

Page 24: Chapter 10 Your Responsibilities as a Hospitality Operator to Guests.

© 2005 Stephen C. Barth P.C. and John Wiley & Sons, Inc.All Rights Reserved

Search the Web 10.1Search the Web 10.1Log on to the Internet and enter Log on to the Internet and enter

www.usconstitution.net/.www.usconstitution.net/.1.1. Select: Plain text version of the Constitution, under the Select: Plain text version of the Constitution, under the

heading The United States Constitution.heading The United States Constitution.2.2. Scroll until you reach the Fourteenth Amendment, and Scroll until you reach the Fourteenth Amendment, and

read it carefully.read it carefully.3.3. Are women specifically mentioned in the Fourteenth Are women specifically mentioned in the Fourteenth

Amendment?Amendment?4.4. How does the wording of this amendment impact How does the wording of this amendment impact

admission policies in the hospitality industry?admission policies in the hospitality industry?5.5. Do you believe the amendment prohibits “ladies only” Do you believe the amendment prohibits “ladies only”

or “men only” nights?or “men only” nights?

Page 25: Chapter 10 Your Responsibilities as a Hospitality Operator to Guests.

© 2005 Stephen C. Barth P.C. and John Wiley & Sons, Inc.All Rights Reserved

Denying Admission to GuestsDenying Admission to Guests

1.1. The individual cannot show the The individual cannot show the ability to pay for services provided.ability to pay for services provided.

2.2. The individual has a readily The individual has a readily communicable disease.communicable disease.

3.3. The individual wishes to enter the The individual wishes to enter the facility with an item that is facility with an item that is prohibited.prohibited.

4.4. The individual is intoxicated.The individual is intoxicated.

Page 26: Chapter 10 Your Responsibilities as a Hospitality Operator to Guests.

© 2005 Stephen C. Barth P.C. and John Wiley & Sons, Inc.All Rights Reserved

Denying Admission to GuestsDenying Admission to Guests

5.5. The individual presents a threat to The individual presents a threat to employees or other guests.employees or other guests.

6.6. The individual does not seek to The individual does not seek to become a guest.become a guest.

7.7. The individual is too young.The individual is too young.

8.8. The facility is full.The facility is full.

Page 27: Chapter 10 Your Responsibilities as a Hospitality Operator to Guests.

© 2005 Stephen C. Barth P.C. and John Wiley & Sons, Inc.All Rights Reserved

Guest PrivacyGuest Privacy

Expectation of privacyExpectation of privacy Right of entry by innkeeperRight of entry by innkeeper Guest recordsGuest records

Page 28: Chapter 10 Your Responsibilities as a Hospitality Operator to Guests.

© 2005 Stephen C. Barth P.C. and John Wiley & Sons, Inc.All Rights Reserved

Analyze the Situation 10.3Analyze the Situation 10.3

Jessica Bristol and her two young Jessica Bristol and her two young children checked into room 104 of the children checked into room 104 of the Travel-In motel at 9:00 P.M. on Friday Travel-In motel at 9:00 P.M. on Friday night. She produced a credit card night. She produced a credit card issued in her name as a form of issued in her name as a form of payment, and requested that she be payment, and requested that she be given the room for two nights. given the room for two nights.

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© 2005 Stephen C. Barth P.C. and John Wiley & Sons, Inc.All Rights Reserved

Analyze the Situation 10.3Analyze the Situation 10.3

On Saturday afternoon, a man On Saturday afternoon, a man identifying himself as Preston Bristol, identifying himself as Preston Bristol, Jessica Bristol's husband, presented Jessica Bristol's husband, presented himself at the front desk and asked for himself at the front desk and asked for the key that she was supposed to have the key that she was supposed to have left for him at the front desk. He stated left for him at the front desk. He stated that he was joining his wife and children that he was joining his wife and children at the motel; they were visiting at the motel; they were visiting relatives, but he had to work the day relatives, but he had to work the day before.before.

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© 2005 Stephen C. Barth P.C. and John Wiley & Sons, Inc.All Rights Reserved

Analyze the Situation 10.3Analyze the Situation 10.3

The desk clerk replied that no key The desk clerk replied that no key had been left, and proceeded to call the had been left, and proceeded to call the room to inform Jessica Bristol that her room to inform Jessica Bristol that her husband was at the front desk. There husband was at the front desk. There was no answer in the room.was no answer in the room.

Preston Bristol then produced his Preston Bristol then produced his driver's license for the desk clerk, which driver's license for the desk clerk, which had the same address that Jessica Bristol had the same address that Jessica Bristol had used on her registration card. had used on her registration card.

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© 2005 Stephen C. Barth P.C. and John Wiley & Sons, Inc.All Rights Reserved

Analyze the Situation 10.3Analyze the Situation 10.3

Mr. Bristol also produced a credit card Mr. Bristol also produced a credit card issued in his name with the same issued in his name with the same account number as that used by Jessica account number as that used by Jessica Bristol at check-in. As the clerk perused Bristol at check-in. As the clerk perused the license and credit card, Mr. Bristol the license and credit card, Mr. Bristol offhandedly referred to a picture in his offhandedly referred to a picture in his wallet of Jessica Bristol and his two wallet of Jessica Bristol and his two children. Based on the positive children. Based on the positive identification, the clerk issued Mr. identification, the clerk issued Mr. Bristol a key to Jessica Bristol's room.Bristol a key to Jessica Bristol's room.

Page 32: Chapter 10 Your Responsibilities as a Hospitality Operator to Guests.

© 2005 Stephen C. Barth P.C. and John Wiley & Sons, Inc.All Rights Reserved

Analyze the Situation 10.3Analyze the Situation 10.3

At approximately 6:00 P.M. on At approximately 6:00 P.M. on Saturday, a guest in room 105 called the Saturday, a guest in room 105 called the front desk to complain about a loud front desk to complain about a loud argument in room 104, Jessica Bristol's argument in room 104, Jessica Bristol's room. The desk clerk called room 104, but room. The desk clerk called room 104, but got no answer. The clerk then called the got no answer. The clerk then called the local police. When they arrived, they found local police. When they arrived, they found Jessica Bristol badly beaten, and her Jessica Bristol badly beaten, and her children missing. A description of Mr. children missing. A description of Mr. Bristol's car quickly led to his arrest and the Bristol's car quickly led to his arrest and the recovery of the children by the police.recovery of the children by the police.

Page 33: Chapter 10 Your Responsibilities as a Hospitality Operator to Guests.

© 2005 Stephen C. Barth P.C. and John Wiley & Sons, Inc.All Rights Reserved

Analyze the Situation 10.3Analyze the Situation 10.3

Jessica Bristol recovered from her injuries Jessica Bristol recovered from her injuries and completed the divorce proceedings she had and completed the divorce proceedings she had begun against her husband. In addition, she begun against her husband. In addition, she filed assault and battery charges against him. filed assault and battery charges against him. Jessica Bristol also sued the motel's manager, Jessica Bristol also sued the motel's manager, owner, and franchise company for $8 million, owner, and franchise company for $8 million, stating that the motel was negligent and had stating that the motel was negligent and had violated her right to privacy. The motel's violated her right to privacy. The motel's position was that it acted reasonably to ensure position was that it acted reasonably to ensure Mr. Bristol's identity, and added that it was not Mr. Bristol's identity, and added that it was not an insurer of guest safety and could not have an insurer of guest safety and could not have foreseen Mr. Bristol's actions.foreseen Mr. Bristol's actions.

Page 34: Chapter 10 Your Responsibilities as a Hospitality Operator to Guests.

© 2005 Stephen C. Barth P.C. and John Wiley & Sons, Inc.All Rights Reserved

Analyze the Situation 10.3Analyze the Situation 10.3

1.1. Did the desk clerk act in a Did the desk clerk act in a reasonable manner?reasonable manner?

2.2. Did Mr. Bristol have a right to enter Did Mr. Bristol have a right to enter the room?the room?

3.3. What should management do in the What should management do in the future to prevent such an future to prevent such an occurrence?occurrence?

Page 35: Chapter 10 Your Responsibilities as a Hospitality Operator to Guests.

© 2005 Stephen C. Barth P.C. and John Wiley & Sons, Inc.All Rights Reserved

Important Areas in Hotel Important Areas in Hotel LiabilityLiability

Swimming poolsSwimming pools SpasSpas Workout areasWorkout areas

Page 36: Chapter 10 Your Responsibilities as a Hospitality Operator to Guests.

© 2005 Stephen C. Barth P.C. and John Wiley & Sons, Inc.All Rights Reserved

Americans with Disabilities Act Americans with Disabilities Act (ADA), Title III(ADA), Title III

Under Title III of the ADA, any private Under Title III of the ADA, any private entity that owns, leases to, or operates entity that owns, leases to, or operates an existing public accommodation has an existing public accommodation has four specific requirements:four specific requirements:

1.1. Getting guests and employees into Getting guests and employees into the facility.the facility.

2.2. Providing auxiliary aids and services Providing auxiliary aids and services so that people with disabilities have so that people with disabilities have access to effective means of access to effective means of communication.communication.

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© 2005 Stephen C. Barth P.C. and John Wiley & Sons, Inc.All Rights Reserved

Americans with Disabilities Act Americans with Disabilities Act (ADA), Title III(ADA), Title III

3.3. Modifying any policies, practices, or Modifying any policies, practices, or procedures that may be discriminatory procedures that may be discriminatory or have a discriminatory effect.or have a discriminatory effect.

4.4. Ensuring that there are no Ensuring that there are no unnecessary eligibility criteria that unnecessary eligibility criteria that tend to screen out or segregate tend to screen out or segregate individuals with disabilities or limit individuals with disabilities or limit their full and equal enjoyment of the their full and equal enjoyment of the place of public accommodation.place of public accommodation.

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© 2005 Stephen C. Barth P.C. and John Wiley & Sons, Inc.All Rights Reserved

Americans with Disabilities Act Americans with Disabilities Act (ADA), Title III Priorities(ADA), Title III Priorities

Priority 1: Accessible approach and Priority 1: Accessible approach and entranceentrance

Priority 2: Access to goods and Priority 2: Access to goods and servicesservices

Priority 3: Access to rest roomsPriority 3: Access to rest rooms Priority 4: Any other measures Priority 4: Any other measures

necessarynecessary

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© 2005 Stephen C. Barth P.C. and John Wiley & Sons, Inc.All Rights Reserved

Five Steps to Facility EvaluationFive Steps to Facility Evaluation

1.1. Plan the evaluation.Plan the evaluation.

2.2. Conduct the survey.Conduct the survey.

3.3. Summarize recommendations.Summarize recommendations.

4.4. Plan for improvements.Plan for improvements.

5.5. Document efforts.Document efforts.

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© 2005 Stephen C. Barth P.C. and John Wiley & Sons, Inc.All Rights Reserved

Search the Web 10.2Search the Web 10.2Log on to the Internet and enter Log on to the Internet and enter

www.usdoj.gov/crt/ada/adahom1.htmwww.usdoj.gov/crt/ada/adahom1.htm1.1. Select: Technical Assistance MaterialsSelect: Technical Assistance Materials2.2. Select: ADA Technical Assistance MaterialsSelect: ADA Technical Assistance Materials3.3. Scroll down and select: ADA Regulation for Title IIIScroll down and select: ADA Regulation for Title III4.4. Browse through the standards established for Browse through the standards established for

accessible design and answer the following questions.accessible design and answer the following questions.a)a) How many rooms with a roll-in shower are required for a hotel with How many rooms with a roll-in shower are required for a hotel with

800 rooms?800 rooms?b)b) How many rooms in the same size hotel must be designed to How many rooms in the same size hotel must be designed to

accommodate the visually impaired?accommodate the visually impaired?c)c) Explain the term “Explain the term “Equivalent FacilitationEquivalent Facilitation” as it pertains to room ” as it pertains to room

charges for disabled guests.charges for disabled guests.

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© 2005 Stephen C. Barth P.C. and John Wiley & Sons, Inc.All Rights Reserved

Responsibilities to NonguestsResponsibilities to Nonguests

Guests of GuestsGuests of Guests InviteesInvitees TrespassersTrespassers

Page 42: Chapter 10 Your Responsibilities as a Hospitality Operator to Guests.

© 2005 Stephen C. Barth P.C. and John Wiley & Sons, Inc.All Rights Reserved

Responsibilities to NonguestsResponsibilities to Nonguests

Legalese:Legalese:

Invitee Invitee - An individual who is on a - An individual who is on a property at the expressed or implied property at the expressed or implied

consent of the owner.consent of the owner.

Page 43: Chapter 10 Your Responsibilities as a Hospitality Operator to Guests.

© 2005 Stephen C. Barth P.C. and John Wiley & Sons, Inc.All Rights Reserved

Analyze the Situation 10.4Analyze the Situation 10.4

Walter Thomas was visiting Jeff Walter Thomas was visiting Jeff Placer, who had registered as a Placer, who had registered as a guest at a newly opened Lodger-guest at a newly opened Lodger-Inn hotel. The hotel was located off Inn hotel. The hotel was located off an interstate highway exit; it had an interstate highway exit; it had been open for only three days. been open for only three days. When Mr. Thomas left Mr. Placer's When Mr. Thomas left Mr. Placer's room in the evening, he was room in the evening, he was assaulted in the hotel's parking lot. assaulted in the hotel's parking lot.

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© 2005 Stephen C. Barth P.C. and John Wiley & Sons, Inc.All Rights Reserved

Analyze the Situation 10.4Analyze the Situation 10.4

Mr. Thomas contacted an attorney who Mr. Thomas contacted an attorney who threatened to sue the hotel for the injuries. threatened to sue the hotel for the injuries. Lashondra Tyson, the attorney for the hotel, Lashondra Tyson, the attorney for the hotel, replied to Mr. Thomas's attorney that the replied to Mr. Thomas's attorney that the hotel was not responsible for the acts of third hotel was not responsible for the acts of third parties, and that the hotel had no history of parties, and that the hotel had no history of criminal activity taking place on its grounds, criminal activity taking place on its grounds, thus it could not have foreseen any potential thus it could not have foreseen any potential problem. In addition, Mr. Thomas was not a problem. In addition, Mr. Thomas was not a registered guest in the hotel. registered guest in the hotel.

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© 2005 Stephen C. Barth P.C. and John Wiley & Sons, Inc.All Rights Reserved

Analyze the Situation 10.4Analyze the Situation 10.4

Mr. Thomas's attorney replied that Mr. Thomas's attorney replied that many hotels experience problems in many hotels experience problems in their parking lots, thus the hotel should, their parking lots, thus the hotel should, in fact, have anticipated potential in fact, have anticipated potential problems. He also stated that Mr. problems. He also stated that Mr. Thomas was an invitee of the hotel and Thomas was an invitee of the hotel and thus the hotel was required to guard his thus the hotel was required to guard his interest in the same manner as that of interest in the same manner as that of a guest.a guest.

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© 2005 Stephen C. Barth P.C. and John Wiley & Sons, Inc.All Rights Reserved

Analyze the Situation 10.4Analyze the Situation 10.4

1.1. What was the legal status of Mr. What was the legal status of Mr. Thomas?Thomas?

2.2. Why is the distinction important in this Why is the distinction important in this situation?situation?

3.3. What records would Ms. Tyson need What records would Ms. Tyson need from the hotel's manager to give her from the hotel's manager to give her the best chance of winning any the best chance of winning any potential lawsuit?potential lawsuit?

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© 2005 Stephen C. Barth P.C. and John Wiley & Sons, Inc.All Rights Reserved

Removal of GuestsRemoval of Guests

Lack of PaymentLack of Payment Inappropriate ConductInappropriate Conduct OverstaysOverstays Accident, Illness, or DeathAccident, Illness, or Death

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© 2005 Stephen C. Barth P.C. and John Wiley & Sons, Inc.All Rights Reserved

Removal of GuestsRemoval of Guests

Legalese:Legalese:

Eviction Eviction - Removal of a tenant from - Removal of a tenant from rental rental property by a laws property by a laws enforcement officer. enforcement officer. An eviction is An eviction is the result of a landlord the result of a landlord filing and filing and winning a special lawsuit winning a special lawsuit known as known as an “unlawful detainer.”an “unlawful detainer.”

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© 2005 Stephen C. Barth P.C. and John Wiley & Sons, Inc.All Rights Reserved

Removal of GuestsRemoval of Guests

Legalese:Legalese:

Small Claims Court Small Claims Court - A court - A court designed designed especially to hear especially to hear lawsuits entailing lawsuits entailing relatively small relatively small sums of money. They sums of money. They can can provide a speedy method of provide a speedy method of making a claim without the necessity making a claim without the necessity of of hiring a lawyer and engaging in hiring a lawyer and engaging in a a formal trial. formal trial.

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© 2005 Stephen C. Barth P.C. and John Wiley & Sons, Inc.All Rights Reserved

Removal of GuestsRemoval of Guests

Legalese:Legalese:

Overstay Overstay - A guest who refuses to - A guest who refuses to vacate vacate his or her room when he or his or her room when he or she has she has exceeded the number of exceeded the number of nights nights originally agreed to at originally agreed to at check-in. check-in.

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© 2005 Stephen C. Barth P.C. and John Wiley & Sons, Inc.All Rights Reserved

What Would You Do?What Would You Do?

You are the Area Vice President of You are the Area Vice President of franchising for a Quick Service Restaurant franchising for a Quick Service Restaurant (QSR) company that serves a unique grilled (QSR) company that serves a unique grilled chicken product, which has become chicken product, which has become extremely popular. Because of a strong extremely popular. Because of a strong marketing effort and solid operating results, marketing effort and solid operating results, your company’s growth has been very rapid. your company’s growth has been very rapid. In your five-state area, the company is In your five-state area, the company is considering purchasing a small chain of 15 considering purchasing a small chain of 15 units that sells a comparable chicken product. units that sells a comparable chicken product.

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© 2005 Stephen C. Barth P.C. and John Wiley & Sons, Inc.All Rights Reserved

What Would You Do?What Would You Do?

Those units, consisting of older Those units, consisting of older buildings in excellent locations, are buildings in excellent locations, are to be converted to units owned to be converted to units owned and operated by your company. and operated by your company. Your immediate supervisor, the Your immediate supervisor, the company President, has asked you company President, has asked you to respond to the following:to respond to the following:

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© 2005 Stephen C. Barth P.C. and John Wiley & Sons, Inc.All Rights Reserved

What Would You Do?What Would You Do?

1.1. How will you determine which units are How will you determine which units are not in compliance with Title III, ADA not in compliance with Title III, ADA requirements?requirements?

2.2. What criteria will you use for prioritizing What criteria will you use for prioritizing needed improvements?needed improvements?

3.3. How will you document a good-faith How will you document a good-faith effort to meet Title III, ADA requirements?effort to meet Title III, ADA requirements?

Draft answers to your President’s Draft answers to your President’s questions.questions.

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© 2005 Stephen C. Barth P.C. and John Wiley & Sons, Inc.All Rights Reserved

Rapid ReviewRapid Review1.1. Identify at least four types of guests who could Identify at least four types of guests who could

and/or should be denied service, and the reason and/or should be denied service, and the reason for denial in each case.for denial in each case.

2.2. Explain how a guest’s room in a hotel is similar Explain how a guest’s room in a hotel is similar to his or her home for purposes of a legal search.to his or her home for purposes of a legal search.

3.3. Create a 10-minute training program to be used Create a 10-minute training program to be used to teach new employees the importance of, and to teach new employees the importance of, and procedures for, cleaning up dining room spills procedures for, cleaning up dining room spills and slick spots as quickly as possible. Include a and slick spots as quickly as possible. Include a testing device to measure the effectiveness of testing device to measure the effectiveness of your training.your training.

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© 2005 Stephen C. Barth P.C. and John Wiley & Sons, Inc.All Rights Reserved

Rapid ReviewRapid Review

4.4. List the four priorities established for ADA List the four priorities established for ADA compliance, and explain why you agree or compliance, and explain why you agree or disagree with the prioritization. disagree with the prioritization.

5.5. Using the checklist provided in this chapter, Using the checklist provided in this chapter, evaluate the ADA compliance of a public restroom evaluate the ADA compliance of a public restroom in your local library, museum, or art gallery.in your local library, museum, or art gallery.

6.6. Exculpatory statements (described in Chapter 2, Exculpatory statements (described in Chapter 2, “Hospitality Contracts”) are often posted in “Hospitality Contracts”) are often posted in recreational facilities, exercise rooms, pools, and recreational facilities, exercise rooms, pools, and spas. Explain their purpose and identify their spas. Explain their purpose and identify their limitations.limitations.

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Rapid ReviewRapid Review

7.7. Contact your local small claims court Contact your local small claims court administrator to determine:administrator to determine:a) The location of the courta) The location of the courtb) The maximum dollar amount of judgment b) The maximum dollar amount of judgment the the court can order court can order c) Any fees required to file a claimc) Any fees required to file a claimd) The forms required to file a claimd) The forms required to file a claim

8.8. Develop a one-page checklist of actions that Develop a one-page checklist of actions that should be undertaken by a hotel staff to should be undertaken by a hotel staff to remove an extremely ill or deceased person remove an extremely ill or deceased person from a room.from a room.