Innkeeping and Guest Relations Quiz

Chapter 9: The Legal Relationship Between Innkeepers and Guests

• The relationship between innkeepers and guests has become more complex.
• The guest and innkeeper have a legally binding relationship.

Introduction

• The relationship between innkeepers and guests is more complex.
• The relationship between a guest and innkeeper is a legally binding one.

The Innkeeper / An Inn

• The Innkeeper: Willing to provide appropriate accommodation in exchange for reasonable compensation. Compensation tied to quality.
• An Inn: Establishments such as resorts, hotels, hostels, bed-and-breakfasts, motels, motor inns, short-term rentals, and campgrounds. These are formally defined legally.

The Guest

• Guests include tourists, business travelers, conventioneers, and family members.
• Guests stay at the inn with the keeper's consent.
• Guest expectations include an attractive, safe, and comfortable shelter, along with a variety of amenities and services.

Complimentary Rooms

• Legal duties, obligations, and responsibilities owed by the innkeeper to paying guests still apply to complimentary rooms.
• Accommodation properties do not seek compensation for complimentary rooms, making them provided at no expense to guests.

Non-Guests / Permanent Residents

• Non-Guests: Include visitors of guests, attendees of events, pedestrians passing through, and permanent residents. Also includes retail lease holders.
• Permanent Residents: Guests with a long-term stay negotiate a long-term rental agreement with the hotel. This agreement changes the relationship to a landlord-tenant relationship.

The Landlord-Tenant Relationship

• A long-term rental of a hotel room likely creates a tenant-landlord relationship.
• Courts consider various criteria when determining the status of an occupant.
• In Alberta, a guest becomes a tenant if they live in the accommodation for at least six consecutive months.
• The case R. v. Lowry (2006 ABPC 209) in Calgary highlights a court case where a guest, claiming tenant status, resisted police attempting to evict him due to disruptive behavior. The court ruled the police's actions were not justified and the guest was acquitted.

General Public Access

• Hotel properties have a legal duty to accept and accommodate all paying customers who comply with house rules.
• Properties cannot discriminate against members of the general public.

Obligation to Provide Accommodation

• Innkeepers have a legal obligation to provide accommodation to law-abiding citizens who want/need it and have the means to pay.
• Staff should welcome and be willing to assist guests.
• Accommodation may be refused for renovations, repairs, or pre-booked guest reservations.

Screening Guests - 01, 02, and 03

• Screening Guests - 01: Inns should screen guests; these cannot be based on protected categories under Human Rights legislation.
• Screening Guests - 02: Under the Alberta Innkeepers Act, guests must appear able and willing to pay for services and facilities offered, and be in a fit state to be received.
• Screening Guests - 03: Innkeepers can refuse or evict guests with contagious diseases. AIDS is not considered a contagious disease. An imminent threat of transmission is required for eviction.

Refusing Accommodation

• Innkeepers can refuse accommodation when there's a legitimate reason to believe the guest:
• Is significantly impaired
• Has a deadly contagious disease
• Is known for causing damage or disturbances
• Is known for failing to pay
• Is likely to engage in illegal or immoral acts

The Check-In Registration Process

• The guest-innkeeper relationship begins when a guest makes a reservation and consults with a hotel agent, or when a guest without a reservation is accommodated by the inn.

The Check-Out Departure Process

• The guest-innkeeper relationship ends when a guest pays and checks out, checkout time passes, or if a room bill is presented to the guest but not paid and the inn serves notice for the guest to leave by a certain time.

Innkeepers Have Rights Too

• Innkeepers can refuse accommodation for a number of reasons, such as a full house.
• Other reasons include: no luggage, suspicious/delinquent behavior, pets (except service animals), and likelihood of engaging in illegal/immoral acts.

Right to Establish House Rules

• Innkeepers can establish reasonable house rules, such as restrictions in pool areas, lobby, etc.
• Rules must protect the inn and its guests.
• The inn should communicate its rules and consequences clearly to guests.

The Right to Evict Guests - 01 and 02

• Eviction-01: Eviction must be done properly and justified. A guest does not need to be physically harmed to be subject to improper eviction. A moment in time where a guest is informed they must leave is the start of eviction proceedings. These are subject to court review.
• Eviction-02: The request to leave should be private, with a second, private request if necessary. Police are contacted last if refusal persists. Courtesy should always be maintained.

The Right to Evict Non-Guests

• Innkeepers can ask a non-guest to leave.
• Innkeepers can use reasonable force to evict a trespasser.
• Any eviction should be handled with care, never utilizing excessive force.

Nonpayment

• Hotel can typically request payment from a guest.
• A guest must provide a reasonable explanation for nonpayment, or face potential eviction.

Persons of III-Repute

• Innkeepers can evict individuals with a reputation for illicit activity.
• Innkeepers may face legal action if eviction is handled improperly, or if eviction grounds are false.

Technology and Privacy

• The Marriott International hotel chain's mass data breach served as an example.
• The case illustrated the value of personal data and the importance of reasonable and fair compensation (in cases of breach).

Indigenous Rights and Land Development Pressures

• A Supreme Court ruling opened pathways for developing a ski resort on ancestral First Nations land. Information about the arguments, decision, and impact were included.

Gig Workers Unionize

• Foodora food couriers’ unionization efforts highlighted gig work's evolving legal landscape.
• Arguments, decision, and consequences were included.

Freedom of Movement for Foreign Hospitality Workers

• Examining the right of temporary foreign workers to change jobs after entry.
• Arguments, decision, and impact of the decision were included.

Toward a Sustainable Tourism Industry

• The significant impact of COVID-19 on global tourism and the pursuit of sustainable tourism practices are highlighted. Information about arguments, decisions and consequences are included.

Chapter 11: Ownership and Property

• Hospitality business ownership structures include sole proprietorship, partnerships, corporations, and cooperatives.
• Management styles also vary, including private, public, corporate, franchise, REITs, and management contracts.

Financial Commitment Equals Ownership

• Owners have financial commitments depending on the ownership structure (sole proprietorship, partnership, corporation, cooperative, franchise).
• The associated responsibilities and risks are different depending on the ownership structure.

Hospitality for Sale

• Potential buyers of hospitality businesses should consider external factors before making offers.
• Expert legal and financial counsel is important to review assets and details.

Financial Management

• Financing a hospitality business can involve private equity, public equity, debt financing, or internally generated funds.
• Examples are provided: private equity, public equity, etc.

Absolute Liability

• Innkeepers have a responsibility for guest property protection.
• Due diligence begins when the guest first interacts with a representative like a porter or front desk agent.
• Some exceptions exist, such as guest negligence or an act of God.

Full Disclosure of Guest Property

• Guests are expected to disclose the value of their personal property.
• Innkeeper responsibility is to safeguard this property appropriately via methods like room safes, hotel vault, or other institutions.

Property Valuation

• Methods for determining fair market value exist such as income capitalization, sales comparison, and cost approaches.

Licenses, Regulations, and Codes

• Relevant federal regulations include the Competition Act, Food and Drugs Act, and Criminal Code.
• Municipalities have licensing requirements, and industry codes define minimum standards.
• Health and safety codes have increased in importance during crises like the COVID-19 pandemic.

Chapter 10: Managing Employees

• Human Resources (HR) plays a major role in influencing employee behavior and mindset towards company success.
• Management acceptance of responsibility for providing a safe working environment and positive employee behavior needs emphasis.
• Employee knowledge levels, training, and continuous development can be important components for success.

Knowledge/Standards

• Key roles in management include communication and management by walking around (MBWA). Standards in service include tangibles, reliability, responsiveness, assurance, and empathy.

What is an Employee? / Allocation of Labor

• Employee roles involve representing the business, interacting with clients, and delivering promises to customers.
• Defining labor responsibilities requires job analysis, job descriptions, and job specifications.
• Employee needs analysis helps identify knowledge gaps and improves performance.

Employee Orientation

• Crucial in setting the workplace's tone.
• Examples like Four Seasons Hotels and Resorts prioritize corporate culture in orientations.
• Manual of policies are crucial in providing context for new employees.

Orientation/Training/Development

• Employee orientation is essential for learning, reducing anxiety, decreasing employee turnover, boosting morale, decreasing recruiting and training costs.
• Training and development must focus on employee roles, skills, and the learning process.

Setting Operational Performance Goals

• Using a SMART framework (Specific, Measurable, Achievable, Relevant, Time-bound) is appropriate for setting performance goals.
• This helps define operational objectives.

Motivating Employees / MBO

• Employee motivation depends on workplace treatment, task performance ability, and understanding the 'in it for them'.
• The role of "knowledge worker", according to Peter Drucker, emphasizes employee knowledge.
• Management by objectives (MBO) involves proper goal setting, objectives, and appraisal processes to properly motivate employees.

Employee Satisfaction / Social Media

• Employee satisfaction involves examining factors like work environment, stress levels, pay, recognition, and support.
• Positive social media posts and employer reputation are correlated.
• Policies should cover a wide range of social media issues.

Employee Empowerment

• Federal employment equality acts include specific provisions, and differing provincial acts provide supporting guidance to employers in Canada.
• These may include a duty to accommodate employees’ needs.

Safe and Healthy Work Environments

• Emphasize mental and physical health measures.
• Pay equity and occupational health and safety are fundamental.
• Employee rights to know, refuse, and participate are critical factors for a healthy work environment.

Employment and Social Development Canada

• The responsible federal agency, including enforcement of labor code, provides information, and has links to the Treasury Board of Canada Secretariat, and the National Occupational Classification (NOC).
• The Canadian Human Rights Act defines substance dependency as a potential disability under the law.

Government of Canada-Human Resource Management Terminology

• Defining key terminology and understanding the specifics, like barriers, conflict of duties, conflict of interest, and other essential terms are included for industry analysis.

Chapter 12: The Industry Today and Emerging Issues

• Hospitality businesses need to monitor external factors that might threaten continued operations.
• Comprehensive situational analysis aids in assessing threats and risk mitigation in the hospitality industry.

Assessing Risk and Responding to Emerging Issues

• Monitoring external factors and employing PESTEL analysis can help differentiate threats and manage organizational risk in hospitality industries.

Cannabis Goes Mainstream

• The cannabis industry's development in hospitality is highlighted.
• Cannabis-based hospitality offerings such as CBD, food, beverage, and marijuana pairings alongside relaxation in legal jurisdictions are now available at properties in Canada.
• Businesses are adapting to this evolution of the marketplace.

The Evolving Laws Around Intoxication and Operating a “Vessel”

• Legal implications of impaired operation of vessels (canoes, etc.).
• Relevant laws for both waterborne and land-based transportation are included.

Other Information

• Other relevant information, including topics like the right of privacy, the right to have luggage admitted, the right to full disclosure of charges, and the right to proper handling of mail are covered. Examples are included as context.