Hotel

Sephiroth_dude

Hi

I hope its ok to post this here.

Am I right in thinking that if your staying in a hotel and your room is broken into and most of your stuff is stolen,are the hotel not liable as long as they have a sign up saying

"the hotel does not accept any responsibility for the loss,theft or damage of any items belonging to the guest"

miller50841

Even if there is no sign it probably is in the small print which once you step in and accept by taking a room then they are covered unless proven they were responsible.

Bepolite

Entire lectures dedicated to this. Lectures I didn't go to. Google Exclusion clauses.

Rascasse

By what means was the room broken in to?

I had stuff stolen from a room after the night porter gave my key to a thief while we were out. They eventually paid up after trying to fob me off.

kerry4sam

Sephiroth_dude wrote: »

Hi

I hope its ok to post this here.

Am I right in thinking that if your staying in a hotel and your room is broken into and most of your stuff is stolen,are the hotel not liable as long as they have a sign up saying

"the hotel does not accept any responsibility for the loss,theft or damage of any items belonging to the guest"

Is their proof that the items were in fact 'stolen' from the room? Have you cctv footage? Has their been a card-reading done on the lock for the room showing others gained access into the room, other than the 'official' card holders?

What evidence is their to show items were 'stolen' from the hotel guest-room?

Thanks,
kerry4sam

Bepolite

OP posts in accordance with forum rules. People reply; seemingly trying to tempt in him into incurring mod wrath

Also bear in mind jurisdictional issues.

Sephiroth_dude

Thanks for all the replies.

It's a past exam question,I'm not sure how to approach it. A woman was staying in a hotel and her room was broken into and her stuff stolen and there was a sign in the room stating that the hotel does not accept any responsibility for item stolen etc.

The question is

Assess whether the hotel can rely on this exclusion clause to avoid liability for the womans claim?

I'm currently studying accountancy but law and ethics is part of the course and this is my first time studying it.

Bepolite

IIRC the hotel must draw the customer's attention to the sign or clause. Lord Denning red ink etc etc.

I love angels

Hi,
This case might help you - Olley V.Marlborough Court (1949):
" The plaintiff and her husband booked in at the defendants hotel and paid for a room in advance. When they reached their bedroom they saw a notice on the wall by which the hotel disclaimed liability for articles lost or stolen unless they were handed to the management for safe keeping. The plaintiff left furs in the room, locked the door and handed in the key at the reception desk. The key was taken by a thief and the plaintiffs furs were stolen.
Held: The disclaimer of liability was too late, since the contract was completed at the reception desk when the room was booked and paid for. The hotel, therefore, could not rely on the notice disclaiming reliability".

Book: Essentials of Irish Business Law - Aine Keenan

Hope this helps

Sephiroth_dude

I love angels wrote: »

Hi,
This case might help you - Olley V.Marlborough Court (1949):
" The plaintiff and her husband booked in at the defendants hotel and paid for a room in advance. When they reached their bedroom they saw a notice on the wall by which the hotel disclaimed liability for articles lost or stolen unless they were handed to the management for safe keeping. The plaintiff left furs in the room, locked the door and handed in the key at the reception desk. The key was taken by a thief and the plaintiffs furs were stolen.
Held: The disclaimer of liability was too late, since the contract was completed at the reception desk when the room was booked and paid for. The hotel, therefore, could not rely on the notice disclaiming reliability".

Book: Essentials of Irish Business Law - Aine Keenan

Hope this helps

Thanks for that

Sephiroth_dude

I got this question back today and scored 9.5/10 \o/

dats_right

The examiner probably chose a bad example to ask a general question on exclusion clauses because the Hotel Proprietors Act 1963 would also have an application here and that piece of legislation is beyond the scope of most undergraduate contract law courses.