It includes laws related to guest reservation, methods of reservation, ..

1. HOTEL’S LIABILITY
TOWARDS THE GUEST
Advocate Bishow Raj Joshi

2. PRESENTATION PREVIEW
 Guest Reservation
 Guest Protection in Hotel
 Tourist Standard Hotel, Lodge and Restaurant and Bar
 Minimum Facilities Required in a Tourist Standard Hotel
 Minimum Facilities Required in a Lodge
 Minimum Facilities Required in a Restaurant and Bar
 Hotel’s Liability Towards the Guest Property
 Legal Right to Evict a Guest
 Defrauding a Hotel and Legal Consequences Towards the Deceased Guest

3. GUEST RESERVATION (1)
 An agreement between the customers and service providers for the services
pertaining to the future.
 An inquiry for accommodation and services in a hotel by prospective clients
for a specified period through various sources by use of different modes is
termed as reservation.
 The Purpose of reservation is enumerated as under:
a. For effective planning and to increase the efficiency of the given human
resource, Machine, Money and Material.
b. To forecast future room occupancy.
c. To sate the main product of the hotel, i.e. accommodation.
d. To minimize occupancy at all times.
e. To save time and money.
f. To build a good rapport with the guest.
g. To secure payment in advance.

4. IMPORTANCE OF GUEST RESERVATION IN A
HOTEL
 Less work for the front office
 Reduced chances of losing or mucking up a reservation
 Easily gathered data
 Simpler administration of rewards

5. METHOD OF RESERVATION
 Letter
 Telephone
 FAX (Facsimile)
 E-Mail/Internet (Computer)
 CRS (Central Reservation System)
 Applications

6. GUEST PROTECTION IN HOTEL
 When a guest rents a hotel room, the courts have held that the guest
should enjoy many of the same constitutional rights as he or she would in
his or her own home. The hotel should provide the following protections:
 Guestroom Privacy
 Privacy of Guest Records
 Safe Environment

7. Guestroom Privacy
The guest’s expectation of privacy should always be respected even when
lawful action become necessary. In general, all the staff must be sensitive
to guests’ needs and expectations at all times. Additionally, a guest has the
right to expect that no unauthorized third party will be allowed to enter his
or her guestroom.
Privacy of Guest Records
Just as a guest’s room is private, so too are the records created by the hotel
that document the guest’s stay. Guest privacy is a matter not to be taken
lightly in the hospitality industry. Guests have a valid reason to expect that
their rights will be protected by management. To ensure these rights is the
morally and legally correct course of action for hospitality managers.
Safe Environment
Manager are required to operate their facility in a manner that is reasonable
and responsive to the safety concerns of guests.
A large number of slip and fall accidents, both inside and outside
hospitality facilities, are litigated annually. The resulting judgments against
hospitality companies can be costly. Establishing the appropriate standard
of care may not always be easy to determine.

8. TOURIST STANDARD HOTEL, LODGE AND
RESTAURANT AND BAR
According to the Department of Tourism of
Government of Nepal of Nepal hotels can be classified
as:
 General Tourist Standard Hotel
 Tourist Resort
 Tourist Standard Lodge
 Tourist Standard Restaurant
 Tourist Standard Bar
 One star to five star as per the facilities of that
Hotel.

9. PROVISIONS FOR THE ESTABLISHMENT OF
TOURIST STANDARD HOTEL
 Submit an application to the Department in
the format mentioned in Schedule-1 including
the application fee of One Hundred Rupees.

10. APPLICATION FORMAT
To,
The Department of Tourism,
I/we hereby submit an application for the registration
of..................................... Hotel /Tourist
Resort/Lodge/Restaurant/ Bar operating by myself / ourselves
as of the tourist standard pursuant to Rule 3 of
the............................... Hotel, Lodge, Restaurant, Bar and
Tourist Guide Rules, 2038 (1978) including One Hundred
Rupees as the application fee. I/we shall operate the business
under the Tourism Act, 2035 (1965) and Hotel, Lodge,
Restaurant, Bar and Tourist Guide Rules, 2038 (1978).
Applicant,
Name of the applicant:-
Address:-
Signature:-

11. REGISTRATION FEE FOR ESTABLISHING HOTELS
The registration fee of the Tourist Standard Hotel, Tourist
Resort, Lodge, Restaurant and Bar shall be as follows:
a. One Star Hotel = Ten Thousand Rupees
b. Two Star Hotel = Twenty Thousand Rupees
c. Three Star Hotel = Thirty Thousand Rupees
d. Four Star Hotel = Forty Thousand Rupees
e. Five Star Hotel (General) = fifty Thousand Rupees
f. Five Star Hotel (Deluxe) = Sixty Thousand Rupees
g. Tourist Standard General Hotel = Five Thousand Rupees
h. Tourist Standard Deluxe Hotel = Ten Thousand Rupees
i. Tourist Accommodation (Deluxe) = Forty Thousand Rupees
j. Tourist Standard Lodge, Restaurant and Resort and Bar =
Five Hundred Rupees

12. MINIMUM FACILITIES REQUIRED IN A TOURIST
STANDARD HOTEL (1)
There shall be at least, the following facilities:
a. There shall be at least ten bedrooms and natural light and air
ventilation in each room.
b. There shall be attached bathroom and toilet in Twenty Five percent
room and for other rooms there shall be other necessary
bathrooms and toilets in a one is to Four ratio of the rooms.
c. There shall be arrangement of modern furniture and electricity in
all rooms.
d. All the rooms shall be decorated with reflecting the Nepalese art
and culture.
e. The material used in bathroom shall be better and standard and
there shall be arrangement of enough hot and cold water.
f. The reception counter shall be well decorated and there shall be
telephone as far as possible.

13. MINIMUM FACILITIES REQUIRED IN A TOURIST
STANDARD HOTEL (2)
g. Dinning hall and kitchen shall be neat and clean with necessary
things.
h. There shall be good arrangement for cloth washing.
i. Most of the senior personnel shall be experienced and able to
speak English.
j. The dress of the worker shall be neat, clean and uniform.
k. There shall be arrangement of fan or Heater according to season.
l. There shall be arrangement of first aid and fire fighting
equipment.
The tourist resort and the tourist standard from one star to five star
hotel shall have the facilities as prescribed by the Government of
Nepal by a Notification published in the Nepal Gazette after taking

14. MINIMUM FACILITIES REQUIRED IN A TOURIST
STANDARD LODGE
a. There shall be at least Five bedrooms and natural light and air ventilation in each
room.
b. There shall be attached bathroom and toilet in Twenty Five percent room and for
other rooms there shall be other necessary bathrooms and toilets in a one is to
Four ratio of the rooms.
c. There shall be arrangement of modern furniture and electricity in all rooms.
d. All the rooms shall be decorated with reflecting the Nepalese art and culture.
e. The material used in bathroom shall be better and standard and there shall be
arrangement of enough hot and cold water.
f. The reception counter shall be well decorated and there shall be telephone as far as
possible.
g. There shall be good arrangement for cloth washing.
h. Senior personnel shall have the idea of lodge and able to speak English.
i. The dress of the worker shall be neat, clean and uniform as far as possible.

15. MINIMUM FACILITIES REQUIRED IN A TOURIST
STANDARD RESTAURANT AND BAR
a. There shall be arrangement of food as per the international standard.
b. There shall be better crockery and cutlery.
c. There shall be arrangement of pure and hygienic drinking water.
d. There shall be arrangement of restroom with soap, towel for the
gentlemen and ladies separately.
e. There shall be arrangement of dinning place for the Fifteen people at
one time.
f. There shall be non-congested room and seating arrangement.
g. The furniture shall be neat, clean and standard.

16. PENALTY
Operating Hotel… without registration:
Government of Nepal may fine (such person)
 upto Ten Thousand Rupees for the first time,
 from Ten Thousand Rupees upto Thirty Thousand Rupees for the second
time,
 from Thirty Thousand Rupees upto Fifty Thousand Rupees for third or
more time.
If a hotel … uses any word or sign in its signboard, advertisement or
transaction which might give a sense to mean it an upper level tourist
standard hotel
 Government of Nepal may suspend or cancel the registration of such
hotel

17. HOTEL’S LIABILITY TOWARDS THE GUEST
PROPERTY
 Hotel guests should be aware of certain laws and regulations or policies that could
impact their visits. Special concerns affect the "hospitality industry" because its
establishments hold their property open to the public at large.
 Hotel should make the appropriate management for the protection of guest
property.
 Hotel should maintain the proper system to protect the guest’s belongings. For
example, if a guest wants to use the swimming pool and he/she wants keep his
belongings such as mobile phones and jewellery, then hotel must have the security
boxes or the lockers which can make the guest easier.
 Laws that protect hotels from being liable for acts that hotels couldn't control. For
example, hotels are not liable for the guests’ belongings if an act of nature or a fire
destroys the hotel.
 An exception in many states is that hotels will be liable for criminal acts committed
by others on hotel guests under certain circumstances.
 In the hospitality industry, guests may retain control of their own
property (such as when they take an item into their hotel room) or
the operator may take possession of it (such as when a guest’s car is
valet-parked, a coat is checked, or valuables are deposited in a

18. LEGAL RIGHT TO EVICT A GUEST
 A hotel may evict a guest of a hotel, who refuses or has otherwise failed to pay
the bill when due.
 Generally, hotel cannot evict the guest according to the provision of law but if the
guest is blacklisted or his or her identity is unknown, then hotel can evict that
kind of guest. Before evicting the guest, hotel must need proofs that hotel
doesn’t get any problems in future.
 “You need certain rules to evict a guest. You can’t just arbitrarily evict them,”
said Joe McInerney, president and CEO of consultancy McInerney Hospitality
International and former head of the American Hotel & Lodging Association.
 Stephen Barth, professor of hospitality law, University of Houston, and founder of
HospitalityLawyer.com, cited four reasons for evicting the guests:
a. if the guest does not pay or lacks the ability to pay;
b. if the guest overstays beyond the dates specified in the reservation contract
(although this can be state-specific);
c. if the guest is drunk, disorderly or otherwise creates risk of harm to
employees or other guests; and/or
d. if the guest is violating the law.

19. DEFRAUDING A HOTEL
 Fraud refers to all those acts which are done to deceive other people. It shall
be unlawful for any person, without paying therefore, and with the intent to
cheat or defraud the owner or keeper to:
1. Accommodate at a hotel, motel, campground or boardinghouse;
2. Obtain food from a restaurant or other eating house;
3. Gain entrance to an amusement park; or
4. Without having an express agreement for credit, procure food,
entertainment or accommodation from any hotel, motel, campground,
boarding house, restaurant, eating house or amusement park.
 It shall be unlawful for any person, with intent to cheat or defraud the owner
or keeper out of the pay therefore to obtain credit at a hotel, motel,
campground, boardinghouse, restaurant or eating house for food,
entertainment or accommodation by means of any false show of baggage or
effects brought thereto.
 It shall be unlawful for any person, with intent to cheat or defraud, to obtain
credit at a hotel, motel, campground, boardinghouse, restaurant, eating
house or amusement park for food, entertainment or accommodation
through any misrepresentation or false statement.

20. DECEASE OF A GUEST
 Whenever information comes regarding death of an in-house guest, the
Front Office Manager should be reported directly who informs the General
Manager and the Security Manager.
 Later on the police authority is even told and the hotel doctor is summoned
to confirm the death of the guest.
 The residential address of the guests is also identified and the relatives are
informed.
 Once the doctor has confirmed the death and the police have given the
permission, the dead body is removed with the help of a stretcher.
 In the meanwhile, if the deceased guest was under some other doctor
consultation, then that doctor is also enquired.
 A death certificate is also prepared and a report is prepared mentioning the
time, room number and other details related to the deceased guest.
 The guest room is locked and sealed and after the permission and clearance
of police, the room is opened and spring cleaned and can be resold again
after the approval of the local authority.

21. DUTIES AND RESPONSIBILITY OF TOURISM AND HOSPITALITY
OPERATORS
1. Provide a reasonably safe premise: This would include all public space, the
interior of guestrooms, dining rooms, and the exterior space that makes up the
operator’s total physical facility.
2. Serve food and beverages fit for consumption: This duty of care is shared with
those who supply products to a foodservice operator, and would also include the
techniques used by an operator to prepare and serve food or beverages.
3. Serve alcoholic beverages responsibly:
4. Hire qualified employees: This duty must be satisfied to protect yourself against
charges of negligent hiring and other potential liabilities.
5. Properly train employees: This duty must be satisfied to protect yourself against
charges of negligent staff training.
6. Terminate employees who pose a danger to other employees or guests: This duty
must be satisfied to protect yourself against charges of negligent employee
retention.
7. Warn of unsafe conditions: When an operator is aware, (or, in some cases, should
be aware) of conditions that pose a threat to safety (such as a wet floor or broken
sidewalk), those conditions must be made obvious to the guest.
8. Safeguard guest property: In the hospitality industry, guests may retain control of
their own property (such as when they take an item into their hotel room) or the
operator may take possession of it (such as when a guest’s car is valet-parked, a