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RSNL1990 CHAPTER I-7

INNKEEPERS ACT

Amended:

1998 cP-7.1 s80

CHAPTER I-7

AN ACT RESPECTING INNKEEPERS

Analysis



Short title

        1. This Act may be cited as the Innkeepers Act.

1982 c67 s1

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Definitions

        2. In this Act

             (a)  "guest" means a person who takes a room, whether for the day or for the night, but not a person who enters to obtain food, refreshment or entertainment only;

             (b)  "inn" means a building or facility in which accommodation or lodging, with or without food and beverage, is provided or a price to guests and includes a cabin, cottage, a housekeeping unit, an hotel, a lodge, a motor hotel and motel; and

             (c)  "innkeeper" means the keeper of an inn.

1982 c67 s2

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Innkeeper's liability limited

        3. The liability of an innkeeper for the loss of or damage to the goods or property of a guest is limited to $200 except where the goods or property have been

             (a)  stolen, lost or injured through the act, default or neglect of the innkeeper or the innkeeper's employee; or

             (b)  deposited for safe custody with the innkeeper, except in case of the deposit the innkeeper may, where the innkeeper thinks it to be necessary, require as a condition of his or her liability that the goods or property shall be deposited in a safe or other receptacle.

1982 c67 s3

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Refusal to receive property

        4. Where an innkeeper refuses to receive for safe custody goods or property of a guest or where the guest, through a fault of the innkeeper, is unable to deposit those goods or property for safe custody, the innkeeper shall not be entitled to the benefit of this Act unless the innkeeper establishes that the inn was not equipped with a proper safe or vault and that the innkeeper so informed the guest at the time of refusing to receive the goods or property.

1982 c67 s4

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Posting of section 3

        5. (1) An innkeeper shall keep conspicuously posted in the reception area, public rooms and in every bedroom of the inn, a copy of section 3 and that copy shall be printed in plain type.

             (2)  An innkeeper shall be entitled to the provisions of this Act only while the copy of section 3 is posted.

1982 c67 s5

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Innkeeper's lien, etc.

        6. (1) An innkeeper shall have a lien on the baggage and property of a guest at the inn for the value or price of food, accommodation or services provided to the guest or on his or her account.

             (2)  In addition to all other remedies provided by law, the innkeeper shall have the right in case the charges for food, accommodation or services remains unpaid for 3 months to sell by public auction the baggage and property of the guest at the inn.

             (3)  At least 14 days before a sale, the innkeeper shall insert in a newspaper published in St. John's and a local newspaper circulating in the district where the inn is located, a notice of the intended sale.

             (4)  The notice shall state the name of the guest, the amount of his or her indebtedness, the time and place of sale, the name of the auctioneer and shall give a description of the baggage or other property to be sold.

             (5)  The innkeeper shall 14 days before the intended sale give the guest notice of the sale by mailing to the guest by registered mail addressed to the last known address of the guest a notice of the intended sale.

             (6)  The innkeeper shall apply the proceeds of the sale in payment of the amount due and the cost of advertising and sale of the baggage or property and shall pay over the surplus to the person entitled to the surplus on application being made by that person.

             (7)  Where application is not made within 10 days after the date of sale, the innkeeper shall pay the surplus to the Minister of Finance who shall hold it for the person entitled to it for 1 year, after which time, if the person has not previously claimed the amount, it shall form part of the Consolidated Revenue Fund.

1982 c67 s6

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Lien is subordinate

      6.1 A lien or baggage and property arising under section 6 is subordinate to the interest in that baggage and property of a person who has registered, before the food, accommodation or other services was furnished, a financing statement or other notice in relation to the interest under the Personal Property Security Act .

1998 cP-7.1 s80

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Vehicles of guests

        7. (1) Where the vehicle of a guest has been delivered into the custody of an innkeeper or an innkeeper's employee expressly for storage or parking in an area specifically reserved and designated by the innkeeper for the storing or parking of vehicles, the liability of the innkeeper is that of bailee for reward.

             (2)  An innkeeper is not entitled to detain a vehicle of a guest or its contents.

1982 c67 s7

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Register to be kept

        8. (1) In every inn a record shall be kept in which shall be entered the name and usual place of residence of every person admitted as a guest in the inn and obtaining and occupying accommodation in the inn either alone or with another person, together with the number of the room so occupied.

             (2)  Access to the register shall be restricted to authorized government inspection personnel and law enforcement officers.

1982 c67 s8

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Expulsion of undesirables

        9. An innkeeper or the innkeeper's representative may require a person whom the innkeeper considers undesirable to leave the inn, and in the event of that person failing to leave, may eject that person from the inn premises.

1982 c67 s9