THE SPECIAL LEGAL RELATIONSHIP OF GUESTS WITH INNKEEPERS

THE GUEST/INNKEEPER RELATIONSHIP CARRIES SPECIAL LEGALLY RECOGNIZED DUTIES OWED BY THE INNKEEPER TO THE GUEST WAY BEYOND THE DUTY OF REASONABLE CARE OWED TO AN INVITEE OR LICENSEE. THE MERE STATUS OF INVITEE OR LICENSEE MUST BE DISTINGUISHED FROM THE SPECIAL RELATIONSHIP AND DUTIES OWED FROM THE INNKEEPER TOWARD BONA FIDE GUESTS

WHO QUALIFIES AS A GUEST?

FOR A PERSON VISITING A HOTEL TO QUALIFY AS A GUEST-THEY MUST BE ON THE PREMISES FOR THE PRIMARY PURPOSE OF OF SECURING OVERNITE ACCOMMODATIONS

Obviously, people who register at the hotel for rooms are guest, BUT THE GUEST

INNKEEPER RELATIONSHIP VERY OFTEN BEGINS MUCH EARLIER.

People merely shopping at hotel shops, eating in the restaurant, attending a banquet, convention or conference without intention of securing a room do not qualify as guests-they are commercial invitees or licensees

THE LEGAL NATURE OF THE GUEST/INNKEEPER RELATIONSHIP IS ONE OF CONTRACT

THE INNKEEPER-GUEST RELATIONSHIP IS CONTRACTUAL the exchange of money for a room THE EXISTENCE OF A CONTRACT IS DETERMINED BY THE INTENT OF THE PARTIES THE TEST FOR DETERMINING WETHER A PERSON QUALIFIES AS A GUEST IS THE INTENT OF BOTH PARTIES

Under contract law INTENT of the parties is objectively determined by what they did and said at the time

THE INTENT OF THE PARTIES DETERMINES THE EXISTENCE OF THE INNKEEPER/GUEST RELATIONSHIP

TRANSIENT (TRAVELER OR NON-PERMANENT TENANT BECOMES A GUEST UPON ENTERING HOTEL WITH THE INTENTION OF SECURING OVERNITE ACCOMMODATIONS. EVIDENCE OF SUFFICIENT INTENTION ARISES FROM:

Request for a room Advance registration

REGISTRATION CLEARLY EVIDENCES INTENT OF BOTH PARTIES TO ENTER INTO THE INNKEEPER/GUEST RELATIONSHIP BUT IT IS NOT ESSENTIAL FOR THE RELATIONSHIP TO EXIST

OTHER INDICATIONS OF INNKEEPER/GUEST RELATIONSHIP BEYOND REGISTRATION

DELIVERY OF PROPERTY

Intent to register plus leaving luggage with hotel employee is sufficient intent to form innkeeper/guest relationship

Intent arises from intrusting possessions with the hotel and the hotel assuming responsibility for those items Intent to register when rooms are available plus

Exiting taxi and giving luggage to bellhop

Getting into hotel van or car at the airport and gives the hotel employee driver the luggage

Intent can be shown merely by regular customer contemplating or inquiring about a room but placing valuable in hotel safe

WHEN DOES THE INKEEPER/GUEST RELATIONSHIP END?

1. THE CONTRACTED TIME (CHECKOUT TIME) HAS ELAPSED AND HAS NOT BEEN EXTENTED 2. HOTEL BILL HAS NOT BEEN PAID WHEN DUE

3. DUE NOTICE WAS GIVEN TO VACATE THE HOTEL 4. THE HOTEL BILL HAS BEEN PAID Note that a guest is allowed a reasonable time after checkout and vacating the room to remove luggage during this time they remain guests

WHEN DOES THE INKEEPER/GUEST RELATIONSHIP END?

Does a guests illegal acts terminate the legal status of being a guest?

Registering by giving false information. Does this transform them from guests to trespassers?

Unless the illegal act of the guest contributed in some way to their injury or loss at the hotel false information would not transform them from guests into trespassers

HOW IS A GUEST DISTINQUISHED FROM A TENANT UNDER LANDLORD AND TENANT?

TO BE A GUEST THE PERSON MUST BE TRANSIENT

Stay at hotel is only temporary

SOMETHING TO CONSIDER-DOES THE HEIGHTENED DUTY OWED TO GUESTS EXTEND TO PROTECTION OF THEIR PERSONAL INFO?

PHYSICIAN EDUCATION CO (PE) SUED SELECT DALLASNORTH HOLIDAY INN 7/25/06 The lawsuit alleges that the Holiday Inn hosted the PE Medical Licensing Exam review course over several weeks requiring students to stay for several weeks. During that time, through the hotels negligence in handling credit card information accessed from the student and faculty guests resulted in a breach of the guest/innkeeper contract. Losses from this breach of contract by fraudulent charges on the negligently handled credit card information was substantial such as stolen credit and identity theft.

Grounds for this action were FACT Act, Texas statute (requiring proper destruction of consumer information) and breach of the common law contract between the guest and the innkeeper.