Hotel Legislation and Guidelines For Accepting Guests
Key facts
•A hotel's rights with regard to accepting guests depend on whether they are classed as a 'hotel' or a 'private hotel'.
•A hotel can refuse guests who appear unable or unwilling to pay or who are not in a fit state to be received.
•A private hotel is free to pick and choose its guests even when rooms are available, provided that in exercising this right there is no discrimination as per the terms of the law.
In certain instances, the law treats all establishments offering serviced accommodation as either 'hotels' or 'private hotels'. The distinction between the two will affect your rights with regard to accepting guests.
Note! Whether you are a hotel or a private hotel, when the guest has made a prior booking, you must honour the booking unless there are legal grounds for not doing so, eg if you had accepted the booking on the basis of false statements made by the guest. For example, a couple had stated to you before they made the booking that they were non-smokers, you run a non-smoking bed and breakfast and, on arrival, they start smoking. In this sort of case, you can turn the guests away and you may also be able to claim damages from them.
Are you a 'hotel' or a 'private hotel'? A hotel is an establishment that offers food, drink and sleeping accommodation to anybody who appears able and willing to pay and who is in a fit state to be received. 'Drink' does not have to be alcoholic.
A private hotel is any accommodation establishment that is not a hotel. For example, you will be a private hotel if any of the following apply to you.
•You do not provide food and/or drink.
•You pick and choose your guests, even if you have a free room.
•You have an advertised policy of 'no children' or 'no coaches', for example.
•Guests can only book in advance.
Can I turn guests away if I run a hotel?
The proprietor of a hotel may refuse to let a room to a prospective guest only if that guest appears unable or unwilling to pay, or is not in a fit state to be received. This would be the case, for example, if the guest was drunk or if you had reasonable grounds for believing that he would be a nuisance to other guests. Note that, by law, disability, race, gender, sexual orientation, gender reassignment or religion and belief are not reasonable grounds for refusal.
The proprietor also has complete discretion to decide which room to allocate unless the guest has already made a booking for a particular room.
Can I turn guests away if I run a private hotel?
A private hotel is free to pick and choose its guests even when rooms are available, provided that in exercising this right you are not discriminating on the grounds set out by the law.
Discrimination
It is unlawful to discriminate against guests on the following grounds.
•Gender. The Sex Discrimination Act 1975 makes it unlawful to treat a person less favourably on the grounds of their gender. The Sex Discrimination Regulations 2008 extends this protection to those people who have undergone gender reassignment.
•Race. The Race Relations Act 1976 makes it unlawful to discriminate or harass a person on the grounds of race, colour, nationality or ethnic or national origin in the provision of goods, facilities and services.
•Disability. The Disability Discrimination Act 1995 gives disabled people rights of access to goods, facilities and services, which includes tourist accommodation.
•Sexual orientation. The Equality Act (Sexual Orientation) Regulations 2007 outlaw discrimination against lesbian, gay and bisexual (LGB) people by businesses and service providers. Note! Certain organisations which exist to practise, advance or teach a religion or belief may, under certain circumstances, restrict membership to people of that religion or belief. They can also restrict membership and services on the grounds of sexual orientation. This exception does not however apply to organisations whose sole or main purpose is to make a profit.
Children
Anyone under the age of 18 does not have the same legal capacity as an adult to enter into a contract, such as making a room booking. You can accept bookings for someone under 18 to stay, but you are advised to be careful. For example, the booking itself should be made by someone 18 or over, whether a parent or guardian or another adult who can take responsibility for payment, etc.
Lancaster and Morecambe hotels http://www.ashleyhotel.co.uk/
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