Question
Samuel Cassidy made a reservation online for a two-night stay atthe Pacific Hotel. The hotels reservation policy, stated in theconfirmation email sent to Mr. Cassidy,
Samuel Cassidy made a reservation online for a two-night stay atthe Pacific Hotel. The hotel’s reservation policy, stated in theconfirmation email sent to Mr. Cassidy, read: “Guests must notifyPacific Hotel of their intent to cancel any reservations prior to8:00 a.m. on the day of the scheduled reservation. Failure to do sowill result in a one-night charge for which the guest isresponsible.” Mr. Cassidy had a last-minute change of plans andemailed Pacific’s reservation service at 11:30 a.m. the morning ofhis intended stay that he had to cancel. Pacific charged Mr.Cassidy’s credit card for a one-night stay. Mr. Cassidy claims heis entitled to a refund of that charge. Pacific disagrees.
a. Pacific is correct because a confirmed reservation is a bindingcontract, and the cancellation policy was clearly spelled out
b. Pacific is correct because it was entitled to punish Mr. Cassidyfor his tardiness.
c. Mr. Cassidy is correct because a contract between a guest andhotel is not formed until the guest arrives to sign the reservationdocuments at check-in.
d. Mr. Cassidy is correct because the law does not permit hotels tocharge guests who do not use a hotel room.
QUESTION 11
Under the law, a hotel guest
a. Is considered a tenant and hotels must comply with evictionprocedures laid out in state laws before removing any guests.
b. Is typically not considered a tenant under the law and may beremoved without regard to laws governing eviction.
c. Is only considered a tenant if they overstay theirreservation.
d. Is never considered a tenant.
QUESTION 12
Monica Lewis just graduated high school and to celebrate, sheasked her older brother Thomas, who is twenty-two, to book her alarge suite at an upscale hotel in the city for a graduationcelebration for she and her friends. Thomas, who booked the suite,also planned to stay for the celebration. On the evening of thecelebration, fifteen of Monica’s high school friends were presentin the suite. Thomas was also present. The teens were drinking,playing loud music, and dancing. The alcohol was purchased byThomas prior to the teens’ arrival. After receiving a noisecomplaint at the front desk, a hotel employee went to Monica’s roomto advise them to keep the noise down and found a group of highschool students with alcohol in the room. The clerk summoned themanager, who advised Thomas and Monica that the whole group wasbeing evicted. Thomas and Monica later filed a lawsuit in statecourt against the hotel claiming the hotel violated the law. Theirlawsuit will likely:
a. Succeed because hotels do not have the right to evict registeredguests under any circumstances.
b. Succeed because the hotel was discriminating against Thomas andMonica on the basis of age.
c. Fail because underage drinking was taking place in the hotelsuite, making the eviction lawful.
d. Fail because this type of a complaint should have been filedwith the state attorney general’s office as the state courts do nothave jurisdiction.
QUESTION 13
A Native American couple was evicted from their room during amultiple day hotel stay. The eviction occurred on the third day ofa five-day stay. The couple was evicted for playing theirtelevision too loud, violating hotel policy. During their stay, thecouple noted that other guests, not of Native American ancestry,who engaged in similar behavior, were not asked to leave. If thecouple were to file a lawsuit against the hotel, their strongestclaim would likely be
a. That the hotel policy prohibiting excessive noise was prohibitedby law in light of the Constitutional right to freedom ofassembly.
b. That the hotel had engaged in discrimination by enforcing thepolicy against the couple while refraining from taking similarsteps against other hotel guests who violated the policy.
c. That the hotel walls were thin and therefore the hotel had noright to remove them from the premises.
d. That the hotel was required by law to provide the couple withseveral warnings before resorting to removal.
QUESTION 14
Jonathan Alves, who is visually impaired, arrived at a hotelwhere he had made reservations intending to check in. Mr. Alves wasaccompanied by his service dog, Milo. Upon arriving at the frontdesk to provide the clerk with his information and get his roomkey, the clerk informed him that the hotel had a “no pets” policyand could not honor his reservation. If Mr. Alves decides to suethe hotel for failing to allow him to stay, his suit willlikely:
a. Fail because hotels have the right to refuse guests travellingwith animals.
b. Succeed because refusing accommodations to a visually impairedguest with a trained guide dog violates federal and state laws thatprotect individuals with disabilities.
c. Succeed because he had a reservation and once a reservation ismade, hotels have no right to dishonor that reservation.
d. Fail because hotels have the right to refuse to accommodateguests for any reason.
QUESTION 15
Laws passed at the federal level:
a. Never apply to local state hotels.
b. Likely apply to local state hotels under the Taxing Clause ofthe United States Constitution.
c. Likely apply to local state hotels under the Commerce Clause ofthe United States Constitution.
d. Always apply to local hotels under the Executive authoritygranted by the United States Constitution.
QUESTION 16
Modern laws governing the hotel industry have developedsignificantly though
a. Rules passed by professional hospitality associations.
b. Consumer rights groups.
c. Legislative action.
d. Executive action.
QUESTION 17
Under the law, hotels are considered
a. Places of public accommodation
b. Places of accessibility.
c. Places of administrative accommodation.
d. Places of private accommodation.
QUESTION 18
In order to avoid violating the law with respect to providingaccommodations to the public, hotel staff should:
a. Be trained in state and federal discrimination laws.
b. Always accept potential guests regardless of thecircumstances.
c. Only refuse accommodations to those who are checking in aftermidnight.
d. Never refuse accommodations to anyone.
QUESTION 19
An intoxicated hotel guest was creating a disturbance in thehotel lobby. Hotel employees attempted to calm the guest down andoffered to assist him back to his room. Not only did the guestrefuse, but he became belligerent and physical. Hotel security wascalled to remove the guest from the premises. During the process,security injured the guest’s shoulder. In a lawsuit for injuriesbrought by the guest, the hotel will face
a. No liability because the guest was intoxicated.
b. No liability because hotels have unlimited rights to removeguests from their premises.
c. Full liability because, under common law, hotels are strictlyliable for injuries to guests when those injuries occur on hotelproperty.
d. Potential liability if the hotel employees failed to actreasonably under the circumstances.
QUESTION 20
In a breach of contract lawsuit, the party claiming a breach
a. Is entitled to be fully compensated for all losses.
b. Must prove they tried mediation before filing suit.
c. Is only entitled to a portion of the damages if the breachingparty is an individual and not a corporation.
d. Must show a good faith effort to mitigate damages.
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