March 22, 2024

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

Chapters 10 and 11

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

2. Discuss the four priorities established for ADA compliance and explain why you agree or disagree with the prioritization (use details from Chapter 10 to support your statements in every posting).

3. Describe specific ways that the operator/manager/staff of a facility can maintain a safe environment in swimming pools, spas/hot tubs, and workout/fitness areas (use details from Chapter 10 to support your statements in every posting).

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

2. Describe important considerations when developing a lost-and-found policy for a hotel, recreation program, or tourism business, dealing with disposition of unclaimed mislaid, lost, or abandoned property (use details from Chapter 11 to support your statements in every posting).

3. Respond to Analyze the Situation 11.2 in Chapter 11. Discuss the nature of the bailment relationship, whether the club exercised reasonable care, and what the club manager could do in the future to avoid this type of situation. Use details from Chapter 11 to support your statements in every posting.

To earn points, submit well-developed postings before the due date. Apply details, lessons, and examples from the assigned textbook chapter in every posting (interpreted in your own words).

Chapter 10 Your Responsibilities as a Hospitality Operator to Guests

Images used under license from Shutterstock.com

Your Responsibilities as a Hospitality Operator to Guests

 Accommodating Guests  Guest Privacy  Facility Maintenance  Responsibilities to Nonguests  Removal of Guests

In This Chapter, You Will Learn: 1. To understand your legal responsibility to

admit guests and the circumstances when such admission can be denied.

2. To protect the guests’ right to privacy. 3. To operate and maintain a facility in a way

that maximizes the safety of guests and compliance with the law, including Title III of the Americans with Disabilities Act (ADA).

In This Chapter, You Will Learn:

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

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

Accommodating Guests  Legalese:

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

Analyze the Situation 10.1 Nicole Frost and Steve Merchand were

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

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

Analyze the Situation 10.1 Nicole and Steve selected their lunches from

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

Analyze the Situation 10.1 Approximately four hours after eating

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

Analyze the Situation 10.1 The foodservice management company

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

Analyze the Situation 10.1 1. Was Nicole a guest of the foodservice

facility? 2. Should Steve bear partial responsibility

for the damage he and Nicole suffered, given that he purchased the sandwiches?

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

Accommodating Guests  Legalese:

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

Accommodating Guests  Legalese:

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

Definition of a Guest  Billing format  Tax payment  Address use  Contract format  Existence of deposit  Length of stay

Analyze the Situation 10.2 Ketan Patel operated the Heartworth

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

Analyze the Situation 10.2 Bob Thimming was an extended-stay

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

Analyze the Situation 10.2 His company signed a contract with the

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

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

Analyze the Situation 10.2 He entered the room and discovered that his $4,000

watch, which he had left on the nightstand, was missing. Mr. Thimming contacted Mr. Patel to complain of the theft.

Because the hotel was equipped with electronic locks, Mr. Patel was able to perform a lock audit and retrieved the following information for the day in question:

Analyze the Situation 10.2 Time Key used Key Issued To Result

6:30 A.M. 7J 105-60 Guest Entry 6:32 A.M. 7J 105-60 Guest Entry 1:30 P.M. 1M 002-3 Maintenance Entry

Analyze the Situation 10.2 Mr. Thimming maintained that someone

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

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

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

Analyze the Situation 10.2

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

2. Why is the distinction important in this situation?

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

Admitting Guests  Legalese:

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

Admitting Guests  Legalese:

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

Search the Web 10.1 Log on to the Internet and enter

www.usconstitution.net 1. Select: The Constitution twice. 2. Scroll until you reach the Fourteenth Amendment,

and read it carefully. 3. Are women specifically mentioned in the Fourteenth

Amendment? 4. How does the wording of this amendment impact

admission policies in the hospitality industry? 5. Do you believe the amendment prohibits “ladies

only” or “men only” nights?

Denying Admission to Guests 1. The individual cannot show the ability to

pay for the services provided. 2. The individual has a readily

communicable disease. 3. The individual wishes to enter the facility

with an item that is prohibited. 4. The individual is intoxicated.

Denying Admission to Guests

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

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

7. The individual is too young. 8. The facility is full.

Guest Privacy

 Guestroom Privacy  Privacy of Guest Records  Data Privacy

Data Privacy  The Federal Trade Commission works to limit

fraud and deceptive business practices.  Hospitality managers must keep guest financial

data information safe.  Create a security program that is designed to

protect security, confidentiality, and integrity of guest data.

Analyze the Situation 10.3 Jessica Bristol and her two young children

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

Analyze the Situation 10.3 On Saturday afternoon, a man identifying

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

Analyze the Situation 10.3 The desk clerk replied that no key had

been left, and proceeded to call the room to inform Mrs. Bristol that her husband was at the front desk. There was no answer in the room.

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

Analyze the Situation 10.3 Mr. Bristol also produced a credit card

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

Analyze the Situation 10.3 At approximately 6:00 P.M. on Saturday,

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

Analyze the Situation 10.3 Mrs. Bristol recovered from her injuries and

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

Analyze the Situation 10.3

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

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

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

Facility Maintenance A safe facility is a combination of:

 A well-maintained physical facility, and

 Effective operating policies and procedures.

Important Areas in Hotel Liability

 Swimming pools  Spas/Hot Tubs  Workout and Fitness

Areas

Important Areas in Hotel Liability

 Bed bugs

 Defibrillators

Americans with Disabilities Act (ADA), Title III

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

1. Getting guests and employees into the facility.

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

Americans with Disabilities Act (ADA), Title III

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

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

Americans with Disabilities Act (ADA), Title III Priorities

 Priority 1: Accessible approach and entrance

 Priority 2: Access to goods and services  Priority 3: Access to rest rooms  Priority 4: Any other measures necessary

Americans with Disabilities Act (ADA), Title III Priorities

 Amendments to the Act include  Technology changes (mobility devices)  VRI technology  Service animals defined (dogs and miniature

horses) Also: Hospitality websites should be ADA compliant

Five Steps to Facility Evaluation

1. Plan the evaluation. 2. Conduct the survey. 3. Summarize recommendations. 4. Plan for improvements. 5. Document efforts.

Responsibilities to Nonguests

 Guests of Guests (treated same as guests)  Invitees (reasonable care standard)  Trespassers (different standard of care than

guests or invitees)

Responsibilities to Nonguests  Legalese:

Invitee – An individual who is on a property at the expressed or implied consent of the owner.

Analyze the Situation 10.4 Walter Thomas was visiting Jeff Placer, who had

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

Analyze the Situation 10.4 Mr. Thomas contacted an attorney who

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

Analyze the Situation 10.4 Mr. Thomas's attorney replied that many

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

Analyze the Situation 10.4 1. What was the legal status of Mr. Thomas? 2. Why is the distinction important in this

situation? 3. What records would Ms. Tyson need from

the hotel's manager to give her the best chance of winning any potential lawsuit?

Removal of Guests  Lack of Payment  Inappropriate Conduct  Overstays (“hangovers”)  Accident, Illness, or Death

Removal of Guests  Legalese:

Eviction – Removal of a tenant from rental property by a law enforcement officer as the result of a landlord filing and winning a special lawsuit known as an “unlawful detainer.”

Removal of Guests  Legalese:

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

Removal of Guests  Legalese:

Overstay – A guest who refuses to vacate his or her room when he or she has exceeded the number of nights originally agreed to at check-in; also known as a “hangover.”

What Would You Do? You are the area vice president of franchising

for a quick service restaurant (QSR) company that serves a unique grilled chicken product that has become extremely popular. Because of a strong marketing effort and solid operating results, your company’s growth has been very rapid. In your five- state area, the company is considering purchasing a small chain of 15 units that sells a comparable chicken product.

What Would You Do? Those units, consisting of older

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

What Would You Do? 1. How will you determine which units are not in

compliance with Title III of the Americans with Disabilities Act requirements?

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

3. How will you document a good-faith effort to meet Title III of the ADA requirements?

Draft answers to your president’s questions.

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

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

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

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

Rapid Review 4. List the four priorities established for ADA

compliance and explain why you agree or disagree with the prioritization.

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

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

Rapid Review 7. Contact your local small claims court administrator

to determine: a) The location of the court b) The maximum dollar amount of judgment the

court can order c) Any fees required to fi

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

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