HOTEL KEEPERS ACT

This archived statute consolidation is current to November 5, 2001 and includes changes enacted and in force by that date. For the most current information, click here.

HOTEL KEEPERS ACT

[RSBC 1996] CHAPTER 206

*Contents*
Section
	1	Definitions
	2	Lien on property of guest and enforcement by sale
	3	Limitation of liability for property of guest
	4	Liability for refusal or failure to take charge of goods
	5	Notice of law to be conspicuously posted in rooms of inn
	6	Expulsion of undesirables

Definitions

1 In this Act:

"accommodation" does not include money supplied to a guest;

"inn" includes a hotel, motel, auto court, inn, tavern, public house or other place of refreshment, the keeper of which is by law responsible for the goods and property of the guests;

"innkeeper" means the keeper of an inn, motel or auto court;

"vehicle" means a motor vehicle as defined in the Motor Vehicle Act.

Lien on property of guest and enforcement by sale

2 (1) Every innkeeper, boarding house keeper and lodging house keeper

(a) has a lien on the baggage and property of a guest, boarder or lodger for the value or price of food or accommodation furnished to the guest, boarder or lodger, and

(b) in addition to all other remedies provided by law, has the right, in case the value or price of food or accommodation furnished to the guest, boarder or lodger remains unpaid for 3 months, to sell the baggage and property of the guest, boarder or lodger by public auction on giving one week's notice by advertisement

(i) in a newspaper published in the electoral district in which the inn, boarding house or lodging house is located, or,

(ii) in case there is no newspaper published in the electoral district, in a newspaper published in British Columbia nearest to the inn, boarding house or lodging house

of the intended sale.

(2) The notice must state the

(a) name of the guest, boarder or lodger,

(b) amount of that person's indebtedness,

(d) time and place of sale, and

(e) name of the auctioneer.

(3) After the sale the innkeeper, boarding house keeper or lodging house keeper

(a) may apply the proceeds of the sale in payment of the amount due and the costs of the advertising and sale, and

(b) must pay over the surplus, if any, to the person entitled to it, if the person applies for it.

(4) This section does not apply to a hotel tenant occupying residential premises under a tenancy agreement as defined under the Residential Tenancy Act.

Limitation of liability for property of guest

3 (1) No innkeeper is liable to make good to a guest loss of or injury to goods or property brought to the inn, except if the goods or property have been

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

(b) deposited expressly for safe custody with the innkeeper, except that in case of the deposit the innkeeper may require as a condition of liability that the goods or property be deposited in a box or other receptacle, fastened and sealed by the person depositing the goods or property.

(2) If the vehicle of a guest has been delivered to the custody of the innkeeper or the innkeeper's servant expressly for storage or parking in a place specifically reserved and designated by the innkeeper for the storing or parking of vehicles, the liability of the innkeeper is that of a bailee for reward.

Liability for refusal or failure to take charge of goods

4 If an innkeeper refuses to receive for safe custody, as mentioned, goods or property of a guest, or if a guest, through a default of the innkeeper, is unable to deposit the goods or property, the innkeeper is not entitled to the benefit of this Act for the loss of or injury to the goods or property unless the innkeeper proves that the inn was not equipped with a proper safe or vault or did not have a place for the storing or parking of vehicles and that the innkeeper informed the guest at the time of refusing or failing to receive the goods or property.

Notice of law to be conspicuously posted in rooms of inn

5 (1) Every innkeeper must keep conspicuously posted in the office and public rooms and in every bedroom in the inn a copy of section 3, printed in plain type.

(2) An innkeeper is entitled to the benefit of section 3 for the goods or property brought to the inn only while the copies are posted.

Expulsion of undesirables

6 An innkeeper or the innkeeper's representative may require a person, not registered as a guest, boarder or lodger, whom the innkeeper or the innkeeper's representative considers undesirable to leave the inn, and if that person fails to leave, may eject the person from the inn premises.