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Hospitality Law on Privacy and Protection of Guests Essay

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HF250 A2
Jared Ko
McCue

• You should have an explanation of the duty of care that is owed by a hotel to a guest and to give some examples and some references to some cases with different fact patterns.
-Hospitality organizations have a duty of “reasonable care” to protect guests, which depend on the facts and circumstances. If a hotel elevator fell and injured a guest, the hotel would be liable for his or her injuries since it can be seen that the hotel was negligent since the hotel could have performed better maintenance on their elevators to prevent such incidents from happening. Hotels have the duty to have secure room doors that cannot be accessed to bystanders and to have security cameras in public areas such as lobbies or in …show more content…

(give examples) Hence, the hotel is generally not liable for acts that it could not foresee. If a hotel is sued, it must determine whether the plaintiff displayed contributory negligence or whether the plaintiff knew that there would be an assumption of a known risk before performing the act which caused his or her harm.

• You should also explain what a guest’s right to privacy is in a hotel and to give an explanation and examples of what the hotel must do and not do to protect the privacy rights of the guest. (Refer the Chapter 7 and Chapter 10)
A Guest’s Right To Privacy
-A hotel has an affirmative duty to protect a guest’s privacy by not allowing unregistered and unauthorized third parties to gain access to its guests’ rooms. However, housekeeping is entitled with the right to enter any guests’ rooms for routine cleaning of the rooms. A hotel is also permitted to enter a guest’s room during an emergency such as a fire. In Campbell v. Womack, the plaintiff who is a guest’s spouse was denied the key to her husband’s room because the wife was not a registered guest and hence sued the motel based on the fact that she regularly stayed with her husband numerous times previously in the motel and demanded damages for embarrassment and humiliation. However, the court held that the motel clerk had the right to deny the wife a room key because of the affirmative duty a hotel had to protect their guests’ privacy even if it is the guest’s spouse who is requesting

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