The Gazette 1976

GAZETTE

NE/J

1976

The duty as to safety of guests and as to safety of

hotel premises

(Section 4)

The hotel proprietor must take reasonable care of the

person of the guest. He is not an insurer of the personal

safety of his guest.

The duty of a hotel proprietor would seem to be

wider where a guest suffers personal injuries because

of the dangerous state of the hotel premises. The pro-

prietor must ensure that for the purpose of personal use

by the guest, the premises are safe as reasonable care

and skill can make them. In the view of one commen-

tator

a guest's statutory right against a hotel pro-

prietor is wider than an invitee's right against his in-

vitor in that the hotel proprietor would seem (as it is

phrased under the statute) to be liable for the acts of

his independent contractors. The same commentator

believes that Section 4 is intended to extend the

liability of the hotel proprietor rather than consolidate

his common law position and suggests that this view is

affirmed by Section 4(2) which declares that the duty

is "independent of any liability of the proprietor as

occupier of the premises."

The duty to receive property of guests

(Section 5)

The proprietor is obliged only to receive property

brought to the hotel by or on behalf of a guest who has

engaged sleeping accommodation and for which the

proprietor has "suitable accommodation" at the hotel.

Thus it would seem that a hotel proprietor is bound to

admit a guest's luggage and any other property which a

guest normally brings to a hotel. However, this leaves

the hotel proprietor "free to refuse items of an excep-

tional character such as, for example, dangerous or cum-

bersome articles likely to cause inconvenience or offence

to other guests".

It is interesting that the Council of

Europe Convention is more specific than the 1963 Act

in relation to this duty. Article 2(2) of the Annex to

the Convention provides that : "A hotel-keeper shall be

bound to receive securities, money and valuable articles;

he may only refuse to receive such property if it is

dangerous or if, having regard to the size or standing

of the hotel, it is of excessive value or cumbersome".

The obligation of a hotel proprietor to receive pro-

perty under Section 5 (as indicated above) extends

only to the property of a guest who has "engaged"

sleeping accommodation. The choice of the word "en-

gaged" in Section 5 (and in Section 6) is unfortunate.

It means that a hotel proprietor could be liable for the

property of a guest who engages sleeping accommoda-

tion but never actually takes it up. Under the Council

of Europe Convention (in Article 1(1) of the Annex)

liability for property of a guest only arises where a

guest "stays at the hotel and has sleeping accommoda-

tion put at his disposal."

Section 5(2) of the 1963 Act lays down a time limit

on the liability imposed on the hotel proprietor under

Section 5 It provides that the obligation placed on the

hotel proprietor applies to property brought to the hotel

during the time for which the person is entitled to use

the accommodation which he has engaged or during

a reasonable period before or after that time.

If the proprietor of the hotel is in breach of his duty

under Section 5 he shall, without prejudice to his civil

liability, be guilty of an offence and liable to the same

penalty as is laid down in the Act for breach of duty

under Section 3.

Liability of the hotel proprietor for his guest's property

As in Section 5, the obligation imposed by Section 6

extends only to the property of

guest who has engaged

sleeping accommodation. The hotel proprietor is strictly

liable for any damage to, or loss or destruction of,

property received by him from an "overnight guest" or

from someone on behalf of such a guest. The strict

liability for loss or damage applies to property of which

the proprietor takes charge not only at the hotel but also

outside it, as, for example, where he sends a servant to

collect the luggage of a guest from a railway station.

Section 6(2) places a wide liability on the hotel pro-

prietor. It provides that a motor vehicle is deemed to

have been received by the hotel proprietor where it has

been placed within the premises of the hotel or in any

garage or car park or other premises provided by the

proprietor of the hotel for this purpose. However, a

guest will not be protected by Section 6 for loss or

damage to a motor vehicle or its contents unless he has

previously notified the proprietor of the hotel (or some

servant of his authorised) that the motor vehicle has

been brought to the hotel. The liability under section 6

applies during the time for which the sleeping accom-

modation is engaged or during a reasonable period

before or after that time.

Under Article 1(2) of the Convention a Contracting

Party is free to impose greater liabilities on hotel-

keepers concerning the property of their guests than

those set out in the Annex to the Convention. Article 7

of the Annex provides that a hotel-keeper is not liable

for "vehicles, any property left with a vehicle, or live

animals". The liability imposed on a hotel proprietor

by Section 6 of the Act is therefore greater than that

imposed by the Convention. The provision in this part

of Section 6 is more favourable to the guest than the

hotel proprietor.

However the hotel proprietor is exempt from liability

under Section 6 to the extent that the damage, loss or

destruction is due (a) to an unforeseeable and irresis-

tible act of nature, act of war, or (b) to the guest him-

self or any person accompanying him or in his employ-

ment or visiting him.

* These are the only excepted

perils referred to in the Act. Therefore, it would seem

that the hotel proprietor is not exempt from liability

under Scction 6 where the damage, loss or destruction

is due to the nature of the property of the guests

received by the hotel proprietor.

Where there is contributory negligence by a guest the

position is governed by the Civil Liability Act 1961 1«

The Accidental Fires Act 1943 does not apply in

relation to a claim for damages under the Hotel Pro

prietors Act 1963.™

Limitation of liability by notice

The hotel proprietor is not allowed under the 1963

Act to contract out of his strict liability.

? But if he

conspicuously displays a notice in the form prescribed in

the First Schedule to the Act relief is given to the hotel

proprietor by Section 7(1). Where the hotel proprietor

is liable under Section 6 and the statutory notice is

displayed at or near the reception office or desk or near

the main entrance to the hotel, then his liability to any

one person cafinot exceed £100. However, there are

three exceptional cases where the liability is not so

limited :

1. Where the property was damaged, lost, stolen or

destroyed through the wrongful act, default or

omission of the hotel proprietor or his servant-

2. Where the property was deposited by the guest (or

on his behalf) expressly for safe custody with the

hotel proprietor or an authorised servant-

3. (i) Where the property was offered for deposit with

the hotel proprietor and he or his servant refused to

accept it, or