Question

About Hotel Legislation

1.“An innkeeper has a duty to provide goods and services in a non-discriminatory manner. An innkeeper should also be an equal opportunity employer.”

-What does this statement mean? Give three examples where discriminatory practices occur in the hotel industry.

2.“The Innkeepers Act 1952 protects innkeepers against petty or non-genuine complaints from guests.”

-Analyze this statement with three examples.

3.“An innkeeper can exclude liability for the loss or damage of a guest’s property, regardless of the value of that property.”

-With reference to the relevant statute, identify three measures that an innkeeper can take as regards the handling of guests’ properties.

4. “Under section 4 of the Innkeepers Act 1952, an innkeeper’s liability for the loss or damage of a guest’s property does not exceed RM500. However, there are exceptions.”

-Identify two situations where an innkeeper’s liability for the loss or damage of a guest’s property may exceed RM500.

5. “A foodservice provider can be liable to customers in tort law.”

-Discuss a foodservice provider’s potential liabilities in tort law with three case law examples.

6. “The Food Act 1983 imposes various responsibilities on a foodservice provider. Failure to comply with the Act can result in fine or imprisonment.”

-Analyze two sections of the Act that impose duties on a foodservice provider.

Answer 1

1.

The statement means that innkeeper should consider all of its customers with equal value and should not discriminate while offering the services to them on the basis of race, gender, ethnicity and other factors. Here, customers should be treated equally. While doing so, the innkeeper should also treat the employees with equality by neither favoring someone nor bringing negative prejudice against any employee. The same principle should be applied when prospective candidates come for the job interviews. Laws related to EEOC and Title VII of civil rights act of 1964 should be well taken care of.

The first example of discriminatory practice is not offering the best available rooms, and facilities to those who are not white or are not wealthier. Accessories provided to them, are also of substandard. The second example of discrimination takes place when it comes to offer discounts and incentives to the customers. Here, people from ethnic background are treated with less affection and not treated well with suitable offers. Though, the same does not happen when a white customer comes in. The third example is the roles and responsibilities assigned to employees where the managers in the hotel, preferably assign important roles and responsibility to those who are either men, white employee or belong to particular community. Promotion opportunities are also not given to those who are women or non-white. So, it is a case of discrimination.

2.

The act protects the hotel and its management team from those customers who want to create issues that are of in-genuine nature and give hotel people protection against these complaints.

Example of these complaints that can be non-genuine are as follows:

A. CCTV camera was not working in the hotel premise, but it can happen due to any technical issue and CCTV cameras were working before that.

B. Unprofessional conduct of the manager, but it can happen due to cultural and language gap between the manager and customers. Hotel can train people in this regard, but customers can come from any background and it can happen.

C. Delay in service delivery for once or twice. It can happen depending upon the demand of the services and lead time of service delivery may increase.

Pl. repost other unanswered questions for their proper answers.