Hospitality and Tourism Law Chapter 9

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Questions and Answers

Which of the following is considered a type of inn?

Airports

Bed-and-breakfasts (correct)

Public parks

Banks

What is a primary expectation guests have when staying at an inn?

Personalized attention from the owner

Basic accommodation without amenities

An attractive and comfortable environment (correct)

Free transportation to tourist sites

When can complimentary rooms still involve legal obligations from the innkeeper?

When the guests are family members

During promotional events

For short-term rentals only

Even if no payment is exchanged (correct)

Which group is NOT considered a typical guest at an inn?

Bank employees Signup and view all the answers

How is compensation typically viewed in the innkeeper-guest relationship?

Linked to the quality of accommodation Signup and view all the answers

What type of establishment does NOT fit the definition of an inn?

Public schools Signup and view all the answers

Which of the following statements is true regarding the innkeeper's responsibilities?

Innkeepers owe duties to both paying and complimentary guests. Signup and view all the answers

Under most Human Rights legislation, how is substance dependence categorized?

As a disability requiring special workplace policies. Signup and view all the answers

Which act provides guidance on employee rights in British Columbia?

Employment Standards Act (BC). Signup and view all the answers

What is a key purpose of social media policies for employees?

To address issues related to public representation and employer image. Signup and view all the answers

Which scenario would NOT conclude the guest–innkeeper relationship?

The guest extends their stay with a new payment Signup and view all the answers

Which of the following is NOT a valid reason for an innkeeper to refuse a guest?

The guest has a valid driver’s license Signup and view all the answers

What must innkeepers do when establishing house rules?

Communicate rules and warn guests of consequences Signup and view all the answers

Which of the following is an example of a reasonable house rule an innkeeper could set?

Banning glass in the pool area Signup and view all the answers

Which condition would allow an innkeeper to request a guest to leave?

The guest refuses to pay the bill Signup and view all the answers

Which of the following is an unacceptable reason for refusing a guest according to innkeeper rights?

Emotional support animals Signup and view all the answers

What does PESTEL analysis help hospitality businesses do?

Distinguish threats and mitigate risks Signup and view all the answers

Which of the following is an example of cannabis-based hospitality?

Providing CBD spa treatments Signup and view all the answers

In terms of impaired driving laws, what distinguishes a 'vessel' from other vehicles?

It transports people over water Signup and view all the answers

What is one of the emerging issues in the hospitality and tourism industry?

Increase in legislation on intoxication Signup and view all the answers

Which of these is NOT a component of PESTEL analysis?

Occupational Signup and view all the answers

What does flexible work arrangements typically refer to in the hospitality industry?

Job sharing or remote work options Signup and view all the answers

Which organization's guidelines support managing risks related to cannabis in hotels?

Alberta Hotel and Lodging Association Signup and view all the answers

Which of the following statements is true about impaired operation of vessels?

Vessels can include non-motorized crafts like canoes. Signup and view all the answers

What signifies the conclusion of the guest-innkeeper relationship?

The guest has fully paid their bill before checkout. Signup and view all the answers

Which right is NOT explicitly listed for guests?

Right to receive priority check-in service. Signup and view all the answers

What is a guest entitled to regarding billing?

Full disclosure of charges in advance. Signup and view all the answers

Which of the following can an innkeeper refuse to accept?

Travelers with no intention of staying. Signup and view all the answers

What should an innkeeper ensure regarding guest treatment?

That guests are treated with respect and courtesy. Signup and view all the answers

Which statement about guest rights regarding luggage is true?

Guests cannot bring luggage if they only intend to visit temporarily. Signup and view all the answers

What requirement is placed upon innkeepers regarding guest privacy?

Innkeepers must ensure that guest privacy is respected. Signup and view all the answers

What does the 'right to be entertained' refer to?

Guests should receive hospitality and courteous treatment. Signup and view all the answers

What is considered as debt financing in the context of hospitality and tourism finance?

Contracts, notes payable, and bonds Signup and view all the answers

Which of the following is NOT a source of financing mentioned?

Microloans Signup and view all the answers

What must a guest do to help ensure their personal property is safeguarded?

Provide the innkeeper with the value of their property Signup and view all the answers

Which of the following approaches is NOT one of the three approaches to property valuation?

Historical analysis approach Signup and view all the answers

Which regulation is related to food safety in the hospitality sector?

Food and Drugs Act Signup and view all the answers

Who assumes responsibility for a guest’s personal effects from the start of their stay?

Porter or front desk agent Signup and view all the answers

What aspect significantly increased in importance during the COVID-19 pandemic within the hospitality industry?

Health and safety codes Signup and view all the answers

Which of the following best describes absolute liability in the context of the hospitality industry?

Liability that involves ensuring security of guest property regardless of circumstances Signup and view all the answers

What defines a permanent resident in the context of hospitality and tourism law?

Individuals with a long-term rental agreement Signup and view all the answers

Under what condition does a guest become classified as a tenant in Alberta?

If they stay for at least 6 consecutive months Signup and view all the answers

What legal distinction was argued in the R.v. Lowry case?

Lowry was a tenant, needing notice prior to eviction Signup and view all the answers

What is likely to happen if there is a contested status of the occupant in a hotel?

The court will assess various criteria and variables Signup and view all the answers

Which of the following is NOT included as a non-guest?

Individuals residing in the hotel for over six months Signup and view all the answers

What type of relationship is established when a guest negotiates a long-term rental agreement?

A landlord-tenant relationship Signup and view all the answers

In the context of hospitality law, what occurs if a resident’s status as a tenant is validated?

They can only be evicted with legal notice Signup and view all the answers

What is the purpose of conducting a PESTEL analysis in hospitality and tourism businesses?

To identify external threats and mitigate risks Signup and view all the answers

Which of the following best describes a form of cannabis-based hospitality?

Health and wellness hotels featuring CBD treatments Signup and view all the answers

According to impaired driving laws, which of the following qualifies as a 'vessel'?

A canoe transporting a person over water Signup and view all the answers

What type of legal issue does conflict of interest represent in hospitality management?

A situation where personal interests conflict with professional responsibilities Signup and view all the answers

What aspect of cannabis-based hospitality poses potential legal concerns for businesses?

Ensuring recreational use aligns with local laws Signup and view all the answers

What must be established before an innkeeper can evict a guest?

Proper cause for eviction Signup and view all the answers

What is the appropriate first step if a guest refuses to leave after being asked?

Ask the guest to leave again Signup and view all the answers

What are innkeepers allowed to do with non-guests who refuse to leave?

Use reasonable force to evict Signup and view all the answers

What must a guest provide if they refuse to pay for services rendered?

A reasonable explanation Signup and view all the answers

Why might an inn evict a person of ill-repute?

Due to their profession Signup and view all the answers

What is a key consideration before evicting someone from an inn?

Careful consideration of the grounds for removal Signup and view all the answers

What is NOT an acceptable reason for evicting a guest?

Personal dislike towards the guest Signup and view all the answers

When does eviction take place according to eviction laws?

When the innkeeper expresses the desire for the guest to leave Signup and view all the answers

What should an innkeeper do when requesting a guest to leave?

Make the request privately Signup and view all the answers

What is the primary purpose of employee orientation?

To set a tone for the workplace Signup and view all the answers

Which aspect is NOT one of the five dimensions of service?

Innovation Signup and view all the answers

What does Management by Objectives (MBO) primarily focus on?

Goal setting and appraisal process Signup and view all the answers

Which of the following is a benefit of effective training and development for employees?

Reduced employee anxiety Signup and view all the answers

How does a needs analysis contribute to employee performance?

By identifying gaps in knowledge and skills Signup and view all the answers

What motivates employees according to the discussed management practices?

Treatment by others and task performance Signup and view all the answers

What is a crucial outcome of effective employee orientation?

Improved knowledge of company policies Signup and view all the answers

Which element is essential in the allocation of labor?

Job specification Signup and view all the answers

What is the effect of reduced turnover on an organization?

Decreased recruiting and training costs Signup and view all the answers

Which of the following statements about goal setting is TRUE in the context of SMART goals?

Goals must be specific and achievable Signup and view all the answers

When does the guest–innkeeper relationship formally conclude?

The guest has checked out and cleared any outstanding charges. Signup and view all the answers

Which right ensures that guests are treated with courtesy and respect?

Right to be Entertained Signup and view all the answers

What must innkeepers provide regarding billing to guests?

Transparent billing and full disclosure of charges. Signup and view all the answers

What could an innkeeper do if a guest refuses to pay the room bill?

Serve notice requiring the guest to vacate the property. Signup and view all the answers

Which item can an innkeeper legally refuse to admit?

Items not essential for accommodation. Signup and view all the answers

What is a guest's right concerning their personal effects?

Innkeepers must admit luggage associated with personal use. Signup and view all the answers

What does the innkeeper's duty of privacy encompass?

Ensuring the guest's personal affairs remain confidential. Signup and view all the answers

Which situation allows a guest to continue staying at the property?

The guest can pay for the room and additional services. Signup and view all the answers

What does the right to transparent billing ensure for guests?

That there are no hidden charges involved in their stay. Signup and view all the answers

Which of the following does NOT protect a guest's rights?

Implementing policies that solely benefit the innkeeper. Signup and view all the answers

Study Notes

Hospitality and Tourism Law in Canada

This is a guide to hospitality and tourism law in Canada.

Chapter 9: Legal Relationship Between Innkeepers and Guests

The relationship between innkeepers and guests has become increasingly complex.
The relationship between a guest and innkeeper is legally binding.

The Innkeeper/An Inn

Innkeeper: Willing to provide suitable lodging in exchange for reasonable compensation. Compensation is related to quality of accommodations.
Inn: Establishments like resorts, hotels, hostels, bed and breakfasts, motels, motor inns, short-term rentals, and campgrounds. It has a formal legal definition.

The Guest

Guests include tourists, business people, travelers, conventioneers, and family members.
Guests stay at the inn with consent of the keeper.
Guest expectations center on attractive, safe, and comfortable lodging with various amenities and services.

Complimentary Rooms

Legal duties for an innkeeper to a paying guest remain valid even for complimentary rooms.
Accommodation properties do not charge for complimentary rooms.

Non-Guests/Permanent Residents

Non-guests: Visitors of guests, attendees of events, pedestrians passing through; or permanent residents; or retail lease holders.
Permanent Residents: Long-term stays; guest & hotel negotiate a long-term rental agreement. This changes the landlord-tenant relationship.

The Landlord-Tenant Relationship

Long-term rentals in hotels usually make the guest a tenant.
Courts consider different criteria and variables to determine the status of the occupant.
In Alberta, a guest becomes a tenant if they stay at the property for at least 6 consecutive months.
R. v. Lowry (2006) is a Calgary court case involving a guest who argued that he was a tenant and not a guest, resisting police eviction. The court determined that the police were not in their lawful duty and Lowry was not found guilty.

General Public Access

Hotels are legally obligated to accept and accommodate paying guests who follow the house rules.
Discrimination is prohibited.

Obligation to Provide Accommodation

Inns have the legal obligation to provide lodging to law-abiding citizens who can pay.
Staff must assist and welcome guests.
Inns can refuse accommodations if there are no vacant rooms due to renovations, repairs, or guest reservations.

Screening Guests - 01 & 02 & 03

Inns should screen guests.
Screening cannot discriminate based on protected categories (human rights).
Guests must be able and willing to pay a reasonable sum, and be in a fit state to be received (per the Alberta Innkeepers Act).
Innkeepers can refuse or evict guests with contagious diseases (like cholera, influenza, COVID, or tuberculosis; AIDS is not considered contagious). There must be a real or imminent threat of transmission.

Refusing Accommodation

Innkeepers can refuse accommodation under sufficient grounds.
Grounds include: excessively impaired guests; guests with deadly contagious diseases; guests known for causing damage/disturbances or failing to pay; or guests likely to engage in illegal/immoral activities.

The Check-in/Check-out Process

Check-in: Guest relationship begins when a guest with a reservation consults with a hotel agent; or a guest without a reservation is accommodated by the hotel(walk-in).
Check-out: Guest-innkeeper relationship concludes when the guest pays, checkout time passes, the room bill is presented (and the guest refuses to pay); or a notice is served for the guest to leave the property by a certain time.

Innkeepers Have Rights Too

Innkeepers can refuse accommodation or lodging if a guest has a full house, no luggage, is behaving suspiciously/delinquent, has pets/emotional support animals (except service animals), or is likely to cause issues.
Innkeepers have the right to set room rates, assign rooms, control room access, collect compensation, create house rules and regulations.

Right to Establish House Rules

Innkeepers can establish reasonable house rules to protect the inn and its guests.
Examples include no glass in the pool area, no bare feet in the lobby, no horseplay.
Inns must communicate rules and consequences of breaking rules.

The Right to Evict Guests - 01 & 02

01: Eviction must be proper and prepared with sufficient cause.
Guests can have no physical harm but still be liable for improper eviction.
Eviction happens when a guest is informed they must leave the inn.
02: Requests to leave should be done privately. If the guest refuses, ask again. If the guest still refuses, contact the police. Discretion and courtesy should be used.

The Right to Evict Non-Guests

Non-guests with no intention to become a guest can be asked to leave the inn.
Reasonable force may be used to remove trespassers.
Any eviction should be handled carefully and no excessive force used.

Nonpayment

If a guest doesn't pay their room bill, the inn can ask the guest to pay for the date of services and provide a reasonable explanation for refusal or face eviction.

Persons of III-Repute

Inns can evict people of ill repute, including prostitutes, gamblers, and drug dealers.
Incorrect or false grounds for eviction could result in legal action for the inn.
It's often hard to prove a room is used for illegal activities.
Deciding whether or not to evict a guest should be done with careful consideration.

Chapter 10: Managing Employees

Introduction: HR's primary role is influencing employee mindset and behavior through positive employee behaviors, and encouraging pride in organization’s core products. Management accepts responsibility to provide a safe work environment.
Knowledge/Standards: Employees must be knowledgeable in communications, Management by walking around (MBWA). Service standards include tangibles, reliability, responsiveness, assurance, and empathy.
What is an Employee?: Employees represent the operation, sell to the customer, and consistently deliver on the company promise. Allocation of Labor involves job analysis, job description, job specification, and needs analysis to fill knowledge/practice/skill gaps.
Employee Orientation: Crucial in setting a workplace tone (ex. Four Seasons Hotels). Includes overview of organization, job details, and team environment with company manuals of policies.
Orientation/Training/Development: Includes enabling learning, reducing anxiety, and decreasing turnover/recruiting and training costs. Training focuses on role, expectations, skill building, fostering learning, and performance feedback.
Setting Operational Performance Goals: Uses SMART goals (specific, measurable, achievable, relevant, timely).
Motivating Employees/MBO: Discusses treatment of employees and how employees can perform tasks, know what is in it for them, relating to "knowledge workers" (Peter Drucker's concept). Management by Objectives (MBO) involve goal setting, objectives, and appraisal process.
Employee Satisfaction/Social Media: Focuses on examining employee thoughts, stress levels, pay, recognition, and support. Positive social media builds reputation; the opposite is also true. Social media policies should address issues.
Employee Empowerment: Deals with the Employment Equity Act (Federal), acts by provinces that direct employers, including acts on equal work for equal pay, Employment Standards Act (BC), and Saskatchewan Employment Act (Sask). This covers their duty to accommodate for those with visual impairments.
Safe and Healthy Work Environments: Addresses mental/physical wellness, employee assistance, prevention of harassment, occupational health evaluations, pay equity (equal pay for equal work), occupational health and safety (right to know, refuse, participate).
Employment and Social Development Canada: Describes the agency's responsibilities for enforcing the Canada Labour Code, providing information to other agencies, and classifying occupations. Points out that substance dependence is a disability under the Canadian Human Rights Act.

Chapter 11: Ownership and Property

Introduction: Hospitality entity ownership varies (sole proprietorship, partnership, corporation, co-operative). Management takes many forms (private, public, corporate, franchise, real estate investment trust, management contract).
Financial Commitment Equals Ownership: Owner makes financial commitment to the entity. Sole proprietorship is most common, requiring owner/operator time, money, and motivation. Partnerships are various (one or more partners) and require agreement on structure and organizational elements. Limited partnerships involve general partners and limited partners (with varying degrees of liability).
Financial Commitment Equals Ownership (cont'd): Corporations are common in hospitality (public/private ownership, lower tax rates). Essential components include shareholders, board of directors, executives and employees.
Financial Commitment Equals Ownership (cont'd): Co-operatives are separate legal entities, with 5+ members having equal voting rights. Franchising structures are extremely common, and franchisees assume much of the business risk, while chains are multiple locations owned by one parent company. Example concerning Burger King and their license revocation for disregarding employees and patrons.
Hospitality for Sale: Potential buyers must consider external factors before making an offer. Good financial and legal counsel is extremely important in reviewing assets.
Financial Management: Sources of financing include private (personal savings), public (equity shares) and debt (contracts/notes/payable/bonds) financing, as well as internally generated funds.

Chapter 12: The Industry Today and Emerging Issues

Assessing Risk and Responding to Emerging Issues: Hospitality businesses should proactively monitor and analyze external factors (political, economic, social, technological, environmental, and legal) to identify threats and mitigate risks. PESTEL analysis is helpful.
Cannabis Goes Mainstream: Cannabis-based hospitality is growing, with things like CBD spas, infused food/drinks, and marijuana pairings becoming more common.
The Evolving Laws Around Intoxication and Operating a Vessel: Covers legal situations involving intoxication and operation of watercraft.
Technology and Privacy: Includes the Marriott International mass data breach as an example.
Indigenous Rights and Land Development Pressures: Covers cases regarding development on sacred First Nations land.
Gig Workers Unionize: Food delivery company Foodora couriers have a case example of trying to join a Canadian labor union
Freedom of Movement for Foreign Hospitality Workers: There is a case example of temporary foreign workers and their ability to stay in Canada after they exit their job.
Towards a Sustainable Tourism Industry: Covers case examples dealing with overtourism and COVID-19 challenges in making tourism more sustainable.

Chapter 11: Absolute Liability, Full Disclosure of Guest Property, and Property Valuation

Absolute Liability: Innkeepers must protect guest belongings (due diligence starts when a guest interacts with inn staff), though there are notable exceptions such as guest negligence or natural disasters.
Full Disclosure of Guest Property: Guests have a duty to disclose the value of their possessions, as this allows innkeepers to more effectively safeguard valuables (such as safes).
Property Valuation: Three methods to estimate fair market value: income capitalization, sales comparison, and cost.

Licenses, Regulations, and Codes

Relevant federal regulations include the Competition Act, Food and Drugs Act, and Criminal Code.
Municipalities license businesses such as alcohol and food establishments. Codes communicate minimum standards and safety. Emphasis on health and safety regulations increased during the COVID-19 pandemic.

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This quiz covers Chapter 9 of Hospitality and Tourism Law in Canada, focusing on the legal relationship between innkeepers and guests. Explore the complexities of this relationship and the rights and expectations of both parties involved.