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Jo C.
Jo C., Barrister
Category: Law
Satisfied Customers: 70524
Experience:  Over 5 years in practice
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What legal liability does a hotel guest have to the hotel

Resolved Question:

What legal liability does a hotel guest have to the hotel property?
Submitted: 3 years ago.
Category: Law
Expert:  Jo C. replied 3 years ago.
Hi.
Thank you for your question. My name is ***** ***** I will try to help with this.
-Could you explain your situation a little more?
Customer: replied 3 years ago.

We are hiring an entire hotel for 2 nights for a wedding and the owner wants a disclaimer signed basically holding us liable for any loss or damage to hotel property by any of our guests. He won't accept a limit. I can insure for legal liability but not contractual.

Expert:  Jo C. replied 3 years ago.
Thank you.
You are under a duty to take reasonable care of hotel property.
You are not under a legal duty to be responsible for the acts of your guests.
Of course, if you sign a contract effectively underpinning their actions and making yourself liable then there is an argument that you are liable under the contract. You could argue at court that that is an unfair term and so void under UCTA. That is a risk but is a possible option for you.
On your primary points though, you are not automatically in law liable for the actions for third parties unless they are your agents or servants and guests do not fall into that category but what you are being asked to do is sign a contract effectively acting as a guarantor of the claim. If you are not happy then do not agree.
Can I clarify anything for you?
Jo
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