1. Innkeeper can enter an occupied room at any time, although hotel employees do not usually do so. An innkeeper does not require a guest's permission to enter the room, though as a matter of courtesy, hotel employees commonly request entry
2. Rights of an Innkeeper
2.1. Right to payment
2.1.1. An innkeeper may demand payment in advance Where a would-be guest makes a booking online through a hotel's website, payment is made in advance.
2.1.2. Innkeeper has control over the hotel premises, including the rooms sold to guests
2.1.3. An imprint of a guest's credit card is taken and a sum of money is 'locked in' as potential payment for incidentals that the guest may incur.
2.1.4. Where a would-be guest makes a booking online through a hotel's website, payment is made in advance.
2.2. Right to control the inn
2.2.1. An innkeeper can end a guest's stay in the event of non-payment or overstay, or remove a guest who behaves disruptively
2.2.2. Should death occurs, the innkeeper has to facilitate the removal of the deceased guest
2.2.2.1. Innkeeper may also need to remove a guest to hospital in the event of accident or illness
2.3. Right of lien
2.3.1. A lien is a creditor's right to keep possession of the debtor's property until the debt owed to him is paid.
2.3.2. Sec 3 Innkeepers Act - an innkeeper can sell by public auction any goods which may have been deposited with him or left in the hospitium of the inn, in order to satisfy the guest's debt
2.3.3. In the event that a guest is unable to settle the bill, the innkeeper may sell the guest's property to satisfy the guest's debts - provided that the innkeeper has obtained final judgment in an action to recover the debt.
3. Innkeeper's liability for lost or damaged property
3.1. Who is an 'Innkeeper'?
3.1.1. An inn is a place that offers accommodation for reward - An establishment that sells rooms qualifies as an 'inn'
3.1.2. where a guest fails to pay his bill, an innkeeper can detain any property brought by the guest into hospitium of the hotel until the guest pays the sum owing. An innkeeper is said to 'lien' over the guest property
3.1.3. An innkeeper is a person/company who owns or manages such an establishment.
3.2. Sec 4 Innkeepers Act - No innkeeper shall be liable to make good to any guest of such innkeeper any loss of or injury to goods brought to his inn, not being a horse or other live animal, or any gear appertaining thereto or any car or carriage, to a greater amount than the sum of five hundred ringgit, except in the following cases: (a) where such goods shall have been stolen, lost or injured through the wilful act, default or neglect of such innkeeper or any servant in his employ; (b) where such goods shall have been deposited expressly for safe custody with such innkeeper or his manager: Provided always that in the case of such deposit it shall be lawful for such innkeeper or his manager, if he thinks fit, to require, as a condition of his liability-- (i) that the guest shall at the time of such deposit declare the value of such goods, (ii) that such goods shall be deposited in a box or other receptacle, fastened and sealed by the person depositing the same: Provided always that the innkeeper or his manager may refuse to receive for safe custody under this section goods of any one guest the declared value of which exceeds five thousand ringgit, and that he shall in no case be liable for loss of or injury to goods so deposited by a guest to an amount exceeding the declared value thereof. Refusal to accept property for safe custody
3.3. Limitation of Innkeepers' Liability
3.3.1. Sec 2 Innkeepers Act - An 'inn' refers to any hotel, boarding-house or other place where any person is harboured or lodged for any kind whatsoever of hire or reward and where domestic service whatsoever is rendered by the owner, lessee, principal tenant, occupier or manager to the person so harboured or lodged, licensed under any written law for the time being in force in Peninsular Malaysia
4. DEFINITION
4.1. Innkeeper is also an occupier of premises
4.1.1. an occupier can be liable in respect of the injuries suffered by trespasser
4.2. An Innkeeper 'sells' room for various duration of stay in exchange for money
4.3. Guest - Someone who has purchased accommodation from an innkeeper
4.3.1. a guest occupies a room with the permission of the innkeeper
4.4. Difference between landlord and innkeeper - element of control (Who has control?)
4.4.1. tenant who acquires tenancy has many rights over the property for the duration of tenancy
4.4.1.1. Innkeeper retains control of the premises
4.5. Traveller - Person in transit who stops at an inn for refreshment - may become guest.
5. Duties of an Innkeeper
5.1. Duty to provide accommodation
5.1.1. Innkeeper is entitled to impose house rules
5.1.1.1. may refuse entry to a man without jacket and tie
5.1.1.2. should not discriminate against person with disabilities
5.1.2. has duty to ensure that his visitors are able to take care of their own safety
5.1.3. Innkeeper has a duty provide accommodation without prior contract to any traveller who seeks accommodation
5.1.4. An innkeeper can ascertain whether a traveller is in a fit state to be received, and whether he is able to pay a reasonable sum for the room
5.1.4.1. 'fit state to be received' is a flexible reason that an innkeeper can use to refuse accommodation to travellers
5.1.5. An innkeeper can exclude a person whose behavior is either disruptive or causes annoyance to guests. (Rothfield v North British Hotels (1920) SC 805)
5.1.5.1. Where such person is already a guest, the innkeeper has the right to remove him from the inn.
5.1.6. An innkeeper whose rooms are fully occupied is not under an obligation to provide accommodation to a traveller (Browne v Brandt [1920] 1 KB 696)
5.1.7. An innkeeper who fails to honor a confirmed booking usually finds a would-be guest alternative accommodation in another hotel of similar star-ranking.
5.1.7.1. innkeeper has a personal duty to would-be guest/traveller
5.1.7.2. this duty is not discharged merely because an innkeeper has directed a would-be guest/traveller to another hotel.
5.1.7.3. an innkeeper who fails to honor a confirmed booking is still in breach of contract
5.1.7.4. Constantine v Imperial London Hotels Ltd [1944] 2 All ER 171 - the ptf brought an action against the def that refused him accommodation at one hotel and directed him to another hotel under the same management. The court held that the defendant had breached its innkeeper's duty towards the ptf.
5.2. Duty to provide refreshment
5.2.1. Duty to provide reasonable food and drink at the request of traveller
5.2.2. varies according to circumstances
5.2.2.1. traveller arrives after set meal times - he cannot demand full cooked meal
5.2.2.2. arrives at an inn late at night - the innkeeper has a duty to serve a modest meal
5.2.2.3. traveller can only demand alcoholic drinks during licensing hours if he is not a guest
5.2.3. If an inn operates a reservation system, a traveller who has not made any reservation cannot demand to be served.
5.2.4. Traveller must also be in a fit state to be received
5.2.4.1. If he appears drunk or dishevelled, the inn may decline to serve him refreshment.
5.2.4.2. can also refuse service to traveller who appears unable to pay reasonable sum for the refreshment
5.2.5. An innkeeper may refuse service to a traveller who insists that admittance be granted to his pet.
5.2.5.1. R v Rymer [1877] 2 QBD 136 - An innkeeper has the right to turn away a person with a dog, where the dog would cause alarm or annoyance to others. (Textbook page 184)
5.2.5.2. Innkeeper of a pet-friendly hotel retains discretion to turn away guests with aggressive pets that may endanger the safety of other guests.
5.3. Duty to record guest information
5.3.1. Registration of Guests Act (RGA) 1965
5.3.1.1. persons or companies that manage accommodation for reward the obligation to maintain proper record of the guests - all innkeepers are required to record guests' information.
5.3.1.2. Register must contain the information that the RGA requires - name, address, occupation, sex, nationality , identity card/passport, date and time, destination upon departure
5.3.1.3. Failure to record this information does not attract sanction, though strictly, it is punishable offence (sec4(1)(a) RGA)
5.3.1.4. Sec3 RGA - owner or manager of an inn must make the register available for inspection, if so required by the police.
5.3.1.5. Sec4(1)(a) RGA - recording false information into the register or failure to record the necessary information is an offence punishable by imprisonment for a term not exceeding 1 year or a fine not exceeding RM2000 or both
5.3.1.6. Failure to produce when required is an offence punishable by imprisonment for a term not exceeding 1 year or a fine not exceeding RM2000 or to both (Sec4(1)(c) RGA)
5.3.1.7. Sec3(5) RGA - A register must be preserved for at least 2 years from the date of the last entry. Thereafter, the register can be destroyed at the discretion of the owner or manager.
5.3.2. Personal Data Protection Act (PDPA) 2010
5.3.2.1. Data processing - includes collecting, recording, holding or storing the personal information of a guest.
5.3.2.2. An innkeeper is considered a 'data user'
5.3.2.3. Sec 6(2) PDPA - A data user has the right to process a data subject's personal information for lawful purposes in connection with the commercial transaction between them
5.3.2.4. Sec 6 (1) PDPA - Innkeeper should obtain a guest's consent before processing his personal data, especially since the innkeeper may intend to use the guest's information for marketing purposes.
5.3.2.5. Sec 7 (1) PDPA - innkeeper should inform would-be guests that their personal data will be processed
5.3.2.6. Sec 8 PDPA - Innkeeper should not disclose a guest's personal data to 3rd parties without the guest's consent.
5.3.2.6.1. Innkeeper must make clear in its privacy where it intends to share guests' information with other hotels managed by the innkeeper, or with 3rd parties in conjunction with any promotions.
5.3.2.7. Sec 9 PDPA - An innkeeper should also take practical steps to ensure the security of guests' personal data.
5.3.2.8. Sec 38 PDPA - A guest may also withdraw his consent to the processing of his personal data by the innkeeper.
5.4. Duty to provide services in a non-discriminatory manner
5.4.1. What constitutes 'DISCRIMINATION"?
5.4.1.1. person who is treated less favourably due to his personal characteristics (include race, gender and sexual orientation, gender reassignment, pregnancy, marital status, disabilities, religion or belief).
5.4.1.2. Federal Constitution Art 8 - All persons are equal before the law and entitled to the equal protection of the law.
5.4.1.3. Art 8 does not protect a person's sexual preference. It does not extend equal protection of the law to LGBT
5.4.2. Discrimination in the Hotel Industry
5.4.2.1. Racial discrimination
5.4.2.1.1. includes discrimination on grounds of nationality, national or ethnic origins
5.4.2.1.2. It is unlawful to refuse refreshment and/or accommodation to a person on the basis of his race.
5.4.2.2. Gender discrimination
5.4.2.2.1. discriminatory to refuse a woman services and facilities that are afforded to men, and vice versa.
5.4.2.3. Disability discrimination
5.4.2.3.1. Persons with disabilities are entitled to the services and facilities on an equal basis with normal persons.
5.4.2.3.2. However, it is not necessarily discriminatory to limit disabled persons to rooms on the lower floors to facilitate access; or to designate certain specially designed rooms for disabled persons with wheelchairs or other supports.