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Hospitality Law

 

How do you construe Hospitality Law?  It is quite impossible to narrow this subject to the specific area due to a broad spectrum of components involved.

 

Let’s review some of the parts that are involved when it comes to Hospitality Law:

 

Managing vendor relations

  • Receiving products and services

  • Vendor contracts and agreements

 

Managing Contracts

  • Management Contracts

  • Service Contracts

  • Vendor Contracts

 

Employee Relations

  • Hiring employees

  • Work Eligibility

  • Workplace discrimination and harassment

  • Managing employee performance

  • Fair compensation

  • Unemployment claims

 

Hotel Operator

  • Accommodating Guests

  • Guest Privacy

  • Liability for guest property

  • Guest injury

  • Responsibilities to non-guests

  • Removal of guest

  • Americans with Disability

  • Bedbugs

  • Guests of Guests

  • Lack of Payment

  • Inappropriate Conduct

  • Overstay

  • Illness and Death

 

Food and Beverage

  • Serving food

  • Serving alcohol

 

Now you are probably wondering, do I need to know all of these? How do I ensure my guests, employees are safe? The answer is, you probably wouldn’t know off top of your head all details pertaining to every single subject, but you do need to be aware as well as take all necessary steps to practice preventive theory.

 

As Hospitality Operators we owe our guest duty of care. Some of the examples of duties of care are: provide a reasonably safe premise, responsibly serve alcoholic beverages, warn of unsafe conditions, safeguard guest property etc. Hotel owners, operators, and representatives must exercise standards of care appropriate to each situation. When Hospitality representatives fail to exercise the standard of care in a given case, it results in liability.

 

If you have a hole in the floor causing guests and employees to trip, failure to fix results in negligence to address the situation appropriately and will result in liability matter.

 

If Front Office agent provides key to the guest without checking picture ID and it results in death, injury and damage or loss of guest belongings it is considered gross negligence.

 

While it is challenging to manage acts of every single associate in the building, it is necessary to practice preventative legal management.

 

It is recommended for all Hospitality Managers to practice STEM method. (“Hospitality Law” S. Bart p.6)

 

STEM is an acronym that stands for Select, Teach, Educate, Manage.

 

S-select right person for the right job

 

T-teach and ensure associate was provided proper training

 

E-education is important. Ensure manager stays on top of rules, regulations, policies

 

M-manage. Plan, organize, control, motivate

 

Most of the lawsuits in the Hospitality industry are a result of negligence. Developing and implementing preventive culture is key in this case.

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