Chapter 10 Prompts – Answer ALL of the following:by reading the pdf below
1. Identifyat least four types of guests who could and/or should be denied service,and the reason for denial in each case(use details from the assigned reading to support your statements in every posting).
2.Discuss the four priorities established for ADA compliance, and explain why you agree or disagree with theprioritization(use details from the assigned reading to support your statements in every posting).
3. Describe specific ways that the operator/manager/staff of a facility can maintain a safe environment in swimming pools, spas/hot tubs, and workout/fitness areas (use details from the assigned reading to support your statements in every posting).
Chapter 1 © 2017 Stephen C. Barth P.C., Diana S. Barber, JD and John Wiley & Sons, Inc. All Rights Reserved Chapter 10 Your Responsibilities as a Hospitality Operator to Guests Images used under license from Shutterstock.com © 2017 Stephen C. Barth P.C., Diana S. Barber, JD and John Wiley & Sons, Inc. All Rights Reserved Your Responsibilities as a Hospitality Operator to Guests Accommodating Guests Guest Privacy Facility Maintenance Responsibilities to Nonguests Removal of Guests © 2017 Stephen C. Barth P.C., Diana S. Barber, JD and John Wiley & Sons, Inc. All Rights Reserved In This Chapter, You Will Learn: 1. To understand your legal responsibility to admit guests and the circumstances when such admission can be denied. 2. To protect the guests’ right to privacy. 3. To operate and maintain a facility in a way that maximizes the safety of guests and compliance with the law, including Title III of the Americans with Disabilities Act (ADA). © 2017 Stephen C. Barth P.C., Diana S. Barber, JD and John Wiley & Sons, Inc. All Rights Reserved In This Chapter, You Will Learn: 4. To differentiate among various types of nonguests, and understand your obligations toward them. 5. To generate the procedures required to safely and legally remove guests from a property. © 2017 Stephen C. Barth P.C., Diana S. Barber, JD and John Wiley & Sons, Inc. All Rights Reserved Accommodating Guests Legalese: Guest - A customer who lawfully utilizes a facility’s food, beverage, lodging, or entertainment services. © 2017 Stephen C. Barth P.C., Diana S. Barber, JD and John Wiley & Sons, Inc. All Rights Reserved Analyze the Situation 10.1 Nicole Frost and Steve Merchand were brother and sister. When their grandfather, Wayne Merchand, was hospitalized for care after a heart attack, the two began to visit him regularly at Laurel Memorial Hospital. One Sunday afternoon, after visiting with their grandfather, Nicole and Steve went to the hospital's cafeteria for a light lunch. A professional foodservice management company operated the cafeteria under contract to the hospital. © 2017 Stephen C. Barth P.C., Diana S. Barber, JD and John Wiley & Sons, Inc. All Rights Reserved Analyze the Situation 10.1 Nicole and Steve selected their lunches from an assortment of beverages and prewrapped sandwiches that were displayed unrefrigerated on a tray in the middle of the cafeteria serving line. The sandwiches were made of ham and cheese, with a salad dressing spread, lettuce, and tomato. Steve paid for the sandwiches, beverages, and some chips, then he and Nicole took a seat in the cafeteria dining room. © 2017 Stephen C. Barth P.C., Diana S. Barber, JD and John Wiley & Sons, Inc. All Rights Reserved Analyze the Situation 10.1 Approximately four hours after eating lunch, both Steve and Nicole became ill. They determined that they both had suffered a foodborne illness. The two filed suit against the hospital and its contract foodservice management company. When the facts of the case came out, the hospital maintained that, as visitors, not patients, the hospital had no liability toward Nicole and Steve. © 2017 Stephen C. Barth P.C., Diana S. Barber, JD and John Wiley & Sons, Inc. All Rights Reserved Analyze the Situation 10.1 The foodservice management company operating the hospital cafeteria maintained that its liability extended only to Steve since he was the only guest who in fact purchased food from its service. Management maintained it should not be held responsible for the illness suffered by an individual that they did not actually serve. © 2017 Stephen C. Barth P.C., Diana S. Barber, JD and John Wiley & Sons, Inc. All Rights Reserved Analyze the Situation 10.1 1. Was Nicole a guest of the foodservice facility? 2. Should Steve bear partial responsibility for the damage he and Nicole suffered, given that he purchased the sandwiches? 3. What type of liability (from Chapter 9, “Your Responsibilities as a Hospitality Operator”) applies in this case? Why? © 2017 Stephen C. Barth P.C., Diana S. Barber, JD and John Wiley & Sons, Inc. All Rights Reserved Accommodating Guests Legalese: Transient Guest - A customer who rents real property for a relatively short period of time (e.g., few number of days with no intent of establishing a permanent residency). © 2017 Stephen C. Barth P.C., Diana S. Barber, JD and John Wiley & Sons, Inc. All Rights Reserved Accommodating Guests Legalese: Tenant - Anyone, including a corporation, who rents real property for an extended period of time with the intent of establishing a permanent occupation or residency. © 2017 Stephen C. Barth P.C., Diana S. Barber, JD and John Wiley & Sons, Inc. All Rights Reserved Definition of a Guest Billing format Tax payment Address use Contract format Existence of deposit Length of stay © 2017 Stephen C. Barth P.C., Diana S. Barber, JD and John Wiley & Sons, Inc. All Rights Reserved Analyze the Situation 10.2 Ketan Patel operated the Heartworth Suites, an extended-stay, limited-service hotel of 85 rooms. Approximately 40 percent of his guests were "extended-stay," which Mr. Patel's company defined as a stay longer than five consecutive days. The remaining rooms were sold to traditional transient guests, whose average stay was approximately 1.8 days. © 2017 Stephen C. Barth P.C., Diana S. Barber, JD and John Wiley & Sons, Inc. All Rights Reserved Analyze the Situation 10.2 Bob Thimming was an extended-stay guest at the Heartworth, and an employee of Katy Highway Contractors. Mr. Thimming held the position of construction foreman for a stretch of interstate highway being repaired in the vicinity of the Heartworth Suites. © 2017 Stephen C. Barth P.C., Diana S. Barber, JD and John Wiley & Sons, Inc. All Rights Reserved Analyze the Situation 10.2 His company signed a contract with the Heartworth confirming that Mr. Thimming would be given a special monthly, rather than daily rate, because he was staying in the hotel for six consecutive months as part of his work assignment. In the third month of his stay, Mr. Thimming arrived at the hotel from his job site at approximately 5:30 P.M. to find the door to his room ajar. © 2017 Stephen C. Barth P.C., Diana S. Barber, JD and John Wiley & Sons, Inc. All Rights Reserved Analyze the Situation 10.2 He entered the room and discovered that his $4,000 watch, which he had left on the nightstand, was missing. Mr. Thimming contacted Mr. Patel to complain of the theft. Because the hotel was equipped with electronic locks, Mr. Patel was able to perform a lock audit and retrieved the following information for the day in question: © 2017 Stephen C. Barth P.C., Diana S. Barber, JD and John Wiley & Sons, Inc. All Rights Reserved Analyze the Situation 10.2 Time Key used Key Issued To Result 6:30 A.M. 7J 105-60 Guest Entry 6:32 A.M. 7J 105-60 Guest Entry 1:30 P.M. 1M 002-3 Maintenance Entry © 2017 Stephen C. Barth P.C., Diana S. Barber, JD and John Wiley & Sons, Inc. All Rights Reserved Analyze the Situation 10.2 Mr. Thimming maintained that someone had negligently left the door open, and as a result, his watch was stolen. He contacted his company, whose in-house attorney called Mr. Patel. The attorney stated that Mr. Thimming was a tenant of the hotel, and as a landlord, Mr. Patel was responsible for the negligent acts of his employee and should reimburse Mr. Thimming for his loss. © 2017 Stephen C. Barth P.C., Diana S. Barber, JD and John Wiley & Sons, Inc. All Rights Reserved Analyze the Situation 10.2 Mr. Patel replied that Mr. Thimming was not a tenant but a transient guest, and thus was subject to a state law that limits an innkeeper's liability in such cases to $350. The attorney disagreed, based on the six- month “lease” signed by Katy Highway Contractors for Mr. Thimming. He demanded that the watch be replaced and threatened to file suit if it was not. Mr. Patel contacted his attorney, who offered, based on his view of the complexity of the case, to defend the Heartworth Suites for $3,000, with a required retainer (down payment) of $2,000. © 2017 Stephen C. Barth P.C., Diana S. Barber, JD and John Wiley & Sons, Inc. All Rights Reserved Analyze the Situation 10.2 1. Was Mr. Thimming a transient guest or a tenant? 2. Why is the distinction important in this situation? 3. What should Mr. Patel do in the future to avoid the expense of litigation such as this? © 2017 Stephen C. Barth P.C., Diana S. Barber, JD and John Wiley & Sons, Inc. All Rights Reserved Admitting Guests Legalese: Public Accommodation - A facility that provides entertainment, rooms, space or seating for the use and benefit of the general public. © 2017 Stephen C. Barth P.C., Diana S. Barber, JD and John Wiley & Sons, Inc. All Rights Reserved Admitting Guests Legalese: Segregate - To separate a group or individual on any basis, but especially by race, color, religion, or national origin. © 2017 Stephen C. Barth P.C., Diana S. Barber