Making sure our hospitality clients receive quality insurance products


Prom Season; Innkeeper Liability
May 1998
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The arrival of spring also means prom and graduation season are here.  These occasions are a time of great festivity and celebration for many young people under the age of 21.  Many times these young people look to continue their celebrations by obtaining lodging at a local hotel.  While their intentions may be good, these young guests often place the innkeeper in a difficult situation.  Does the innkeeper simply reject this business because of the potential disturbances to other guests by some out of control party participants?  Given today’s legal climate how can innkeepers effectively enact procedures to monitor behavior and limit their own legal responsibility?  Can the innkeeper simply refuse to rent rooms to minors? 

As a general rule an innkeeper cannot deny lodging to a guest on the basis of age.  Since many high school seniors are 18 years old, they are protected by many state laws against unfair discrimination.  An innkeeper must then have reasonable cause for rejecting a request for lodging.  In many states, 18 year olds may file unfair discrimination lawsuits and seek financial damages.  18 year olds are, however, under the legal drinking age in most states.  This allows innkeepers to restrict room rental if alcohol is present. 

This does not mean that an innkeeper cannot establish preconditions and rules for accepting a minor as a guest.  Certainly, the innkeeper is well-advised to inform a minor that any behavior that disturbs other guests, or involves drinking or drugs will lead to eviction.  The minor should be informed that only registered guests are allowed in the room.  Requiring prepayment is always advisable with notice to the minor guest that eviction will not result in a refund.  Innkeepers may wish to consider copying identification or having the minor sign an acknowledgement that he or she has read house rules.  Any reasonable grounds that would permit an innkeeper to reject a request for lodging or evict an adult will generally be applicable to minors. 

Innkeepers have the right to evict minors who violate house rules or commit illegal acts such as consumption of alcoholic beverages while under age 21.  However, the innkeeper must exercise reasonable care in avoiding physical force.  An innkeeper should not jeopardize the safety of a minor guest by eviction in a high crime area or where minor may encounter a hazardous situation.  The innkeeper should consider contacting the police for assistance or even calling the minor’s parents. 

The enactment of the following procedures by hotel personnel should help make this prom and graduation season a more enjoyable one for your hotel.
 

Inform guests that only registered guests are allowed in the room
Guests must fully complete a registration form.
Require prepayment with a deposit.  Notify guests that eviction will not result in a refund. 
Guests must conform with house rules.  Any behavior that disturbs other guests, or involves drinking or drugs will require hotel to contact the police and assist in eviction. 
Ask guests for picture identification and keep a copy for your records.

Talk to schools in your area and find out when the proms and dances are scheduled so that you will be prepared.  Inform all minors making reservations of the preconditions in advance and then have them sign the attached form before checking in.  In addition, we advise contacting local authorities to get up to speed on local laws governing commerce with minors.  Most importantly, make sure hotel personnel are trained on your hotel’s policies for renting to minors. 

For questions or comments, please contact Aon Hospitality at (800) 543-1022.


Bryan Green 
Aon Hospitality Services, Inc. 
Account Executive 
Business Development 
1211 S.W. Fifth Ave., Suite 600 
Portland, Oregon 97204-3799 
phone: 503-306-2862 
fax: 503-224-0094 
bryan_green@ars.aon.com

 
Aon Hospitality is dedicated to making sure our hospitality clients receive quality insurance products, risk management, and financial services. We accomplish our mission through a highly-trained  and  motivated professional staff which is committed to always providing client-focused quality services.
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