Instructions: Answer any three (3) questions from this section.

[Question 1]

a. It is important to understand the effect of the various terms which form the contract of

bookings. Explain the meaning of the following terms in the contract of booking:

i. Condition

ii. Warranty

iii. Exclusion clause

[15 marks]

b.David and Yvonne turned up at Silver Sands Hotel and requested a room for one week. They paid the required charge at the front desk and were given keys to their rooms. Then they saw a notice stating that the hotel would not be liable for any loss of property or personal injury to their guests. This notice had also been pinned on a wall on the front entrance but they had not seen it. David is injured when a hotel chair collapsed and Yvonne's luggage is damaged when the room is flooded by a clogged-up shower.

Advise David and Yvonne about the principle of law under which they could make any claim in each of these situations.[15 marks]

[Question 2]

" The safest course of action in defining an Inn is in negative terms" (Pannett and Boella 19960.

a. Identify and explainfour categories of establishment that are not covered by the Hotel Proprietor Act (1956) definition of an Inn.[10 marks]

b. Discuss the duties of an innkeeper to lawful guests.[12 marks]

c. Outline the circumstances under which a hotel may refuse entry to a prospective client.

[8 marks]

[Question 3]

i. Identify 3 legislations and state the impact they may have on the Hospitality Industry.

[9 marks]

ii. Mr Chance wants to open a private hotel to cater for 50 guests on a 350 acre property that is an environmentally protected area. He knows this but feels that he really needs the money. It will not be an all-inclusive so guest will have to pay for food and beverage. He plans to important materials and fixtures for the hotel. He also intends to have entertainment on the property and offer nature tours through the protected area which he will charge guests for. The residents are concerned because the hotel sewage system may be sending sewage to the river which leads to the sea. He is also planning to block resident's access to the beach.

a. Identify 5 legislations that would apply.[5 marks]

b. Outline the relevant issues of concern within the scenario.[10 marks]

c. Advise Mr. Chance of his legal obligations and responsibilities [6 marks]

[Question 4]

What is the basis for the Government's authority to require hotels and restaurant to obtain

a license before opening their business.[5 marks]

b. What penalties can be imposed on a business that operates without the necessary licenses?

[6marks

c. Explain the terms implied under the Sale of Good Act of 1979 regarding:

i. Sale by description

ii. Satisfactory quality

[5 marks]

d. Island Distributor Ltd, delivered by lorry, a consignment of goods which he had contracted to sell South Shore Hotel. Later that day, the hotel examined the goods and discovered that they did not comply with the contract description in that the goods were more than the amount ordered. Advised the hotel.[9 marks]