11.1 Liability for Guests Property
Analyze the Situation 11.1
1) Did the hotel comply with the state legislature’s requirement that the notice be conspicuously posted?
No, it is unlikely that the hotel complied with the state legislature’s requirement that the notice be conspicuously posted. The notice was allegedly positioned interior a dresser drawer stuffed with extra blankets for the guestroom, which is an unusual and non-conspicuous location. Furthermore, the font size needed to be bigger to be read from a distance of 2 feet, making it challenging for guests to become aware of the law’s existence and content. These elements show that the lodge no longer met the “conspicuously posted” requirement set forth by the state legislature.
2) How could the hotel manager, in this case, ensure compliance with the “conspicuous posting” requirement of the state legislature?
To comply with the “conspicuous posting” requirement of the state legislature, the lodge manager needs to take several steps. First, they ought to discover the posting requirements set forth by the state legislature and ensure they are completely understood. Then, they need to overview the area of all existing notice postings to ensure they comply with the requirements. If necessary, new postings have to be created, or current ones moved to pretty seen areas of the hotel. A clear, legible typeface must be used which is giant enough to be easily read from a practical distance. Upon check-in, staff must be educated to inform guests of the law, which includes the protected savings container requirement. Finally, the notice postings’ effectiveness must be monitored and evaluated to ensure compliance with the law.
11.2 Bailments
Analyze the Situation 11.2
1)What is the nature of the bailment relationship in this situation?
The bailment relationship in this scenario was one of mutual benefit bailment. Mrs. Kathy Weldo gave her full-length sable coat to the Fox Mountain Country Club’s coat check attendant for safekeeping as she attended a wedding ceremony reception. The club offered a free coat check service to its individuals and guests, and Mrs. Weldo accepted it. She was given a small plastic tag with a number corresponding to the number on a coat hanger where her coat was hung. The club benefited from this bailment relationship using providing a treasured carrier to its individuals and guests, while Mrs. Weldo benefited from the convenience of not having to carry her coat around the club during the course of the reception.
2)Did the club exercise reasonable care in handling Mrs. Weldo’s coat?
The club did not exercise maximum care in handling Mrs. Weldo’s coat. Leaving the coatroom unattended and the door unlocked in the course of the attendant’s breaks created an opportunity for the coat to be stolen. Additionally, the prominently displayed signal disclaiming responsibility for misplaced or stolen property does not absolve the Club of its duty to take reasonable care in safeguarding the property of its guests.
3)What Should the Club Manager Do to Avoid Situations Such as This in the Future?
The club manager should consider enforcing stricter policies and techniques for the coat check service. This should consist of hiring an extra body of workers to ensure that the coatroom is not left unattended, locking the door throughout breaks, and enforcing a more impervious tagging device to stop mix-ups or theft. Additionally, the club could overview and replace its signage to ensure that it properly informs guests of its constrained legal responsibility for lost or stolen property.
11.3 Property with Unknown Ownership
Analyze the Situation 11.3
1)Would the Jacket be Considered Mislaid, lost, or Abandoned Property?
The jacket would be viewed as “lost” property. The jacket was observed in a plastic bag in this case, suggesting the owner may have inadvertently left it behind. The reality that no possession marks were on the jacket or bag suggests that the owner did not intend to abandon it.
2)Who is the Current, Rightful Owner of the Jacket
Since no one has claimed the jacket for a hundred and twenty days, it may be viewed as deserted property. Per the manager’s statement, unclaimed property found on the motel’s premises belongs to the motel. Therefore, the present-day rightful owner of the jacket would be the Lodge Inn Motel.
3)How Could the Motel Manager Avoid Future Confusions About Handling “Found” Property?
Coming up with policies ought to address the following:
- The process for reporting and turning in located items.
- The timeframe for conserving unclaimed items before they are disposed of or donated to charity.
- The criteria for deciding the rightful owner of a located item.
- The process for returning items to their rightful owner includes the technique for verifying ownership.
What Would You Do?
A Letter
Dear [Owner of A-I Parking],
Thank you for offering the opportunity to buy your valet parking business. We appreciate the extremely good services that A-I Parking has furnished us over the previous five years, and we value our business relationship with you.
After cautious consideration, we have decided not to purchase your business. Working the valet parking service ourselves would change our relationship with our restaurant customers. Currently, A-I affords a third-party service, and any problems or complaints are addressed directly with them. If we were to assume accountability for the valet parking service, we would end up directly responsible for any problems that may arise.
We also need insurance for practicable damages to vehicles and different areas of legal responsibility we would likely need to insure against. This would be an additional fee and could extend our operating costs.
Assuming responsibility for parking our guests’ automobiles should have both plausible pros and cons. On the one hand, we would have more control over the parking service and ought to tailor it to meet our specific needs. On the different hand, we would be taking on additional responsibility and risk, which should be steeply-priced if anything were to go wrong.
If we had been to purchase the valet parking business from A-I, we would additionally want to think about the agency, liability, and bailment problems that would arise. As the new owners, we would end up the bailee of our customers’ automobiles, and we would want to ensure that we had suitable approaches and safeguards to guard our guests’ property.
Again, we recognize the opportunity to buy your business, but we have decided it is not the proper match for us now. We wish you success in your future endeavors.
Sincerely,
[Your Name]
[Restaurant Manager]
References
YOUR RESPONSIBILITIES FOR GUESTS’ PROPERTY CHAPTER 11 11.1 LIABILITY FOR GUESTS’ PROPERTY Common Law Liability Limits on Common Law Liability Ensuring the Limitation of Liability. (n.d.). Retrieved April 7, 2023, from https://nscpolteksby.ac.id/ebook/files/Ebook/Hospitality/Hospitality%20law%20managing%20legal%20issues%20in%20the%20hospitality%20industry%20(2012)/12.%20Chapter%2011%20-%20YOUR%20RESPONSIBILITIES%20FOR%20GUESTS%20PROPERTY.pdf
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