A useful manual for tourist hotels
Hospitality Law A Guide to Hotel Management
Author: Dr. Irwin Jayasuriya
A Stamford Lake Publication
-A-useful.jpg) Although there are many tourist hotels and numerous statutes
governing them, the legal aspects of hotel management have been a
hitherto unexplored area in Sri Lanka. It is sad but true that we have
depended largely on our civil and criminal law to settle disputes
arising in the tourism industry.
This is because no specific laws have been enacted over the past few
decades to handle this important segment of economy. Therefore, in
compiling this book, Dr. Jayasuriya had the unenviable task of examining
the English and American legal systems.
Guideline
After explaining the legal position relating to hotels, he shows us
how the law has been developed in the United Kingdom and the United
States.
While tracing the history of the hospitality industry in Sri Lanka he
says that the Ceylon Tourist Bureau was established in 1937. The Ceylon
Tourist Board came into existence in 1966. The Ceylon Hotels Corporation
Act was passed in the same year. A major development was the enactment
of the Tourism Development Act in 1968. In 2005, however, the Tourism
Act repealed the provisions of the earlier enactments and provided a
guideline to the Sri Lanka Institute of Tourism and Hotel Management to
make Sri Lanka a tourist destination.
Hospitality Law is useful to everybody in the tourism industry and
others who happen to stay in a hotel even for a few days. Today a hotel
is an establishment that provides lodging on a short term basis.
The modern hotel rating system was introduced in the 20th century. As
most of us are aware, there are five star and even seven star hotels in
the world. The star rating indicates the greater luxury the hotels could
provide to tourists. The author discusses the differences between an inn
and a hotel and cites many interesting decided cases.
Baffle
The book should serve as a manual for hotel managers. For instance,
can a manager refuse to receive a particular guest? What is his
liability if goods belonging to a guest are lost? When can he refuse to
admit a guest? When can he evict a guest? Can he use force to evict a
guest? These are interesting questions that might baffle a hotel manager
who does not know the legal position governing such areas.
The hotel manager is not a figurehead. He should know his duties and
legal obligations. Dr. Jayasuriya cites an interesting case (William v.
Linnet) in which the court held that a farmer who had visited a hotel to
meet his friends and have a drink was a guest.
Therefore, the most sensible course of action for a hotel manager is
to treat all visitors to a hotel as guests. What is more, the hotel and
the manager are liable for the loss of property belonging to guests. All
tourist hotels are legally bound to keep their building and the
environment clean.
They also must provide furniture that would not cause any harm to
guests. In many decided cases, courts have held that the hotel manager
is duty bound to provide safe furniture and equipment. Apart from such
safety measures, the hotel management has a legal duty to provide
refreshments, food and accommodation to guests provided they are in a
fit condition to be received.
Management
In the United Kingdom and the United States, hotels have been held
responsible for the safety of guests. For instance, when a female guest
slipped and fell on the highly polished floor in Texas, the hotel was
ordered to pay compensation to her. The hotel must ensure the safety of
guests using the swimming pool, as well.
It is interesting to note that the hotel management is responsible
for injuries sustained by visitors who come there on invitation.
Hospitality Law shows clearly that hotels owe a special duty towards
minors and children.
Boon
It is the duty of the hotel to provide them with reasonable
accommodation and safety even when they are accompanied by parents. This
shows that law has a high regard for human life. The book comes with the
statutes governing the tourism industry. This obviates the necessity of
referring to various ordinances and acts passed by Parliament.
Dr. Irwin Jayasuriya is singularly qualified to write a book of this
nature. Apart from being a practising lawyer, he is closely involved
with the hospitality industry as a consultant and a lecturer in tourism
law.
He has not used too much legal jargon. As a result, it is a boon to
law students, practising lawyers and ordinary readers who simply want to
know their rights and duties.
- R. S. Karunaratne
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