Tag Archives: Lawsuits

by Ida | July 15, 2015 · 11:10 am

Hospitality Industry Legal Update: “DOJ Releases Supplemental Guidance on Service Animals Under the Americans With Disabilities Act”

“Public accommodations and facilities covered by the ADA (including, but not limited to,those noted above) are well-advised to review the new guidance, which provides practical insight into these and other thorny issues that frequently arise with regard to service animal access.”

With the 25th anniversary of the Americans with Disabilities Act (â€œADAâ€) just two weeks away, the U.S. Department of Justice (â€œDOJâ€) has released a new technical assistance document addressingÂ frequently asked questions regarding service animals and the ADA.Â Â This additional guidance is intended to be read in conjunction with the DOJâ€™s previous July 2011 technical assistance onÂ Revised ADA Requirements: Service Animals, which remains in full effect.

The DOJ has stated that this additional guidance is meant to further assist people with disabilities as well as places of public accommodation covered by the ADA â€“ such as retail shops, restaurants, hotels, medical facilities, theaters and event spaces, and other places open to the public â€“ in understanding how the ADAâ€™s service animal provisions apply to them. Among other topics, the additional guidance addresses in detail:

For more:Â http://bit.ly/1e0XPqP

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Filed under ADA, Hotel Industry, Training

Tagged as ADA Lawsuit, ADA Requirements, Americans with Disabilities Act, Arrest, Crime, Department of Justice, DOJ, Employees, Guest Safety, Health Hazards, Hospitality, Hospitality Industry, Hospitality Lawyer, Hospitality Risk Solutions, Hotel Employees, Hotel Guest, Hotel Industry, Hotel Safety, Hotel Security, Hotel Staff, hotel workers, Hotels, Housekeepers, Insurance, Lawsuits, Legal Issues, Legal Risks, Liability, Local Law, Managing Risk, Motels, P3, Petra Risk Solutions, Public accommodations, Restaurant Employees, Restaurants, Risk Management, Security, Service Animals, State Law, Training, U.S. Department of Justice

by Ida | July 14, 2015 · 10:10 am

Hospitality Industry Management Update: “Three Rules of Renovation”

â€œIn an era when the next big tech invention seems to arrive every week, we recognize that our guests require us to stay on trend,â€ Spillett says. â€œWe know that traveling can take its toll and sometimes leaves us vulnerable, without the comforts of home. These comforts increasingly fall in the technology category, so we make every effort to ensure that our guests have convenient access to the latest tech amenities and services.â€

Lodgingâ€™s current robust performance is creating a competitive environment when it comes to product freshness. The industry fundamentals have never been better, and these conditions are driving a flurry of construction projects, rebranding and conversion activity, and renovations of every scope throughout the United States.

In the last three years, an estimated 1.2 million hotel rooms have been renovated, representing more than 20 percent of the existing supply, Lodging Econometrics (LE) data reveals. According to Bruce Ford, LEâ€™s senior vice president and director of global business development, the number of renovations will likely trend downward as strong hotel operating profitability discourages owners from making rooms unavailable while being renovated. However, for those hoteliers willing to take the plunge and make some upgrades, here are some key takeaways for making the best renovation decisions for your bottom line.

For more:Â http://bit.ly/1MrH4ks

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Filed under Hotel Industry, Maintenance, Management And Ownership, Technology

Tagged as Credit Cards, Design, Employees, Green Energy, Green Lodging, Green Technology, Guest Safety, Health Hazards, Hospitality, Hospitality Industry, Hospitality Lawyer, Hospitality News, Hospitality Risk Solutions, Hotel Design, Hotel Employees, Hotel Guest, Hotel Industry, Hotel News, Hotel Renovations, Hotel Safety, Hotel Security, Hotel Staff, Hotel Technology, hotel workers, Hotels, Housekeepers, Injuries, Insurance, Lawsuits, Legal Issues, Legal Risks, Liability, Lodging Magazine, Managing Risk, Motels, P3, Petra Risk Solutions, Property Damage, Renovation, Restaurant Employees, Restaurants, Risk Management, Security, Sustainability, Technology

by Ida | July 13, 2015 · 11:51 am

Hospitality Industry Legal Update: “Are You Breaking the Law by Recording Calls?”

“Regardless of the content of the call, hoteliers should be ensuring that they are using automatic disclosuresâ€”in order to obtain consumer consentâ€”if using an automatic recording system. If an operator becomes the target of one of these consumer privacy class actions, taking an aggressive approach and attacking these claims as incongruent with the legislative purpose and intent behind the respective statute is a recommended.”

In the past few years, class action plaintiffs have recovered billions of dollars in punitive damages by exploiting strict liability laws that punish businesses for failing to properly notify customers when a phone call is being recorded.

Under the Federal Telephone Consumer Protection Act and similar state statutes, businesses including hotels are prohibited from using certain tactics when telemarketing or making calls to solicit potential guests or customers. Hotels and other businesses are precluded from making calls or using any kind of prerecorded message, unless the caller has obtained a recipientâ€™s prior express consent in writing or electronically.

Additionally, hoteliers are prohibited from making calls to residences before 8 a.m. and after 9 p.m., and a future hotel guest calling to confirm a reservation also must be notified if the call is recorded. Hence, under these laws, if a hotel receptionist in Montana receives a call from a California resident to confirm a reservation but never notifies the recipient that the call is being recorded, it could result in damages ranging from $500 to $5,000 per call under federal and state laws.

This seemingly innocuous business practice of recording customer service calls without providing some variation of the oft-heard disclosure, â€œThis call may be monitored or recorded for quality assurance purposesâ€ has the potential to financially cripple a business.

For more:Â http://bit.ly/1CBRlu6

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Filed under Crime, Employee Practices, Guest Issues, Hotel Employees, Hotel Industry, Liability, Management And Ownership, Technology, Training

Tagged as Arrest, Crime, Cybercrime, Cybersecurity, Employees, Guest Safety, Hospitality, Hospitality Industry, Hospitality Law, Hospitality Lawyer, Hospitality News, Hospitality Risk Solutions, Hotel Employees, Hotel Guest, Hotel Industry, Hotel Law, Hotel News, Hotel News Now, Hotel Safety, Hotel Security, Hotel Staff, hotel workers, hoteliers, Hotels, Housekeepers, Insurance, Lawsuits, Legal Issues, Legal Risks, Liability, Managing Risk, Mobile Technology, Motels, P3, Petra Risk Solutions, Phone Tap, Punitive Damages, recording system, Risk Management, Security, Surveillance, Technology

by Ida | July 10, 2015 · 10:09 am

Hospitality Industry Legal Update: “Patel v L.A. and What it Means for Hotel Operators”

â€œIt was being used to circumvent case law and proper court procedure to obtain privacy information,â€ Seiders said. â€œThe police were using these local laws to avoid having to go through judicial review. I think thatâ€™s where it became abusive.

More than a decade ago, a group of hotel owners sued Los Angeles. Now their actions have caused reverberations in hotels throughout the country.

The U.S. Supreme Court ruled June 22 in City of Los Angeles v. Patel that the police practice of asking for a hotelâ€™s guest registry without a warrant is unconstitutional.

â€œItâ€™s certainly providing privacy protection and extending it to companies, both to the company owner and the guests that are there. Itâ€™s certainly a win for the hotels,â€ Attorney Dana Kravetz said.

â€œThis is going to have widespread impact â€“ and already has had widespread impact â€“ on a host of cities and really the industry at large. Itâ€™s a powerful decision. It really sets it out pretty clearly as to what the police can or cannot do.â€

This ruling goes beyond Los Angeles as so many other U.S. cities have similar ordinances, said Kravetz, managing partner of Michelman & Robinson and chair of the law firmâ€™s hospitality group.

â€œItâ€™s really a great day for the hotel industry,â€ said Frank Weiser, the attorney for the group of hotel owners (Patel). â€œItâ€™s a great day for businesses throughout America.â€

For more:Â http://bit.ly/1L35AJP

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Filed under Crime, Guest Issues, Hotel Employees, Hotel Industry, Management And Ownership

Tagged as AAHOA, Arrest, CH&LA, Crime, Cybercrime, Cybersecurity, Employees, Fourth Amendment, Fresh Pursuit Law, Google, Guest Safety, Harassment, Hospitality, Hospitality Industry, Hospitality Lawyer, Hospitality Risk Solutions, Hotel Employees, Hotel Guest, Hotel Industry, Hotel Operators, Hotel Safety, Hotel Security, Hotel Staff, hotel workers, Hotelier, Hotels, Injuries, Insurance, Judicial System, Law Enforcement, Lawsuit, Lawsuits, Legal Issues, Legal Risks, Liability, Los Angeles, Los Angeles Municipal Code, Managing Risk, Mobile Technology, Motels, P3, Patel v L.A., Petra Risk Solutions, Restaurant Employees, Restaurants, Security, Supreme Court, Surveillance, Technology, Theft, Todd Seiders, U.S. Chamber of Commerce, Warrant, Warrantless Searches

by Ida | June 18, 2015 · 8:34 am

Hospitality Industry Technology Update: “Hoteliers Need to Own Their Property Website”

While low cost and minimal fees are an appealing draw, rental websites are a classic example of a scenario in which one gets what one pays for, but in this case, possibly even less since the ownership of the site and what hoteliers are putting funds toward is not theirs at the end of the day. This doesnâ€™t even take into account the additional shortcomings seen from rented hotel websites such as no search engine optimization, little service or support following the initial set-up, a limited number of site pages, photos or content and so on.

The hospitality industry has seen a number of agencies offering hoteliers a low-cost, low-budget website that they can rent. It has been widely noted that these agencies, which promise all of the bells and whistles associated with investing thousands of dollars and development resources, often leave hoteliers in the lurch after the deal is done.

Why? A number of reasons, but perhaps the most important is that agencies that rent hotel websites do not provide hoteliers with true ownership of their content which becomes problematic as explained below.

It should come as no surprise that a hotelâ€™s digital assets should be owned by the property, however, the subject of digital ownership seems to be overlooked by hoteliers doing business with rental agencies. Hoteliersâ€™ ownership should reach past the physical ownership of their property to include their digital content and here is why:

For more:Â http://bit.ly/1FoRs6F

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Filed under Hotel Industry, Management And Ownership, Technology

Tagged as Credit Cards, Crime, Cybercrime, Cybersecurity, Digital Branding, Digital Marketing, Employees, Guest Safety, Hospitality, Hospitality Industry, Hospitality Lawyer, Hospitality Risk Solutions, Hotel Branding, Hotel Employees, Hotel Guest, Hotel Industry, Hotel Marketing, Hotel Safety, Hotel Security, Hotel Staff, hotel websites, hotel workers, hoteliers, Hotels, Housekeepers, Insurance, Lawsuits, Legal Issues, Legal Risks, Liability, Managing Risk, Mobile Technology, Motels, Online Branding, Online Marketing, P3, Petra Risk Solutions, Restaurant Employees, Restaurants, Risk Management, search engine optimization, Security, Surveillance, Technology, Theft

by Ida | June 16, 2015 · 10:16 am

Hospitality Industry Management Update: “Protect Your Property from Common Industry Scams”

To prevent any type of scam, Bragiel suggests that hoteliers establish reliable contacts within banks, businesses, and the hotelâ€™s credit card processor. That way, if questions of authenticity arise, the front desk staff can turn to trusted sources. â€œWhen in doubt, we always encourage our members to check with the folks they have relationships with,â€ says Bragiel

It could be disguised as a typical guest interaction: Someone checks in under a corporate account that does not require a credit card, only for management to later realize the guest was not an employee of the company. Or, it could be someone whose credit card fails to go through, so he or she provides the clerk with a false authorization code. Both of these scenarios are common lodging industry scams, pulled by con artists who exploit front desk protocols to get a free stay, and oftentimes managers donâ€™t even know what happened until the guest is long gone.

Fraud is a growing issue in the United States, with retailers losing $32 million in 2014 to credit card scamming, up from $23 million in 2013, according to a recent Business Insider report. For hoteliers to avoid becoming a victim of one of these cons, it is important that they not only recognize the signs of common industry scams but also learn how to be proactive in protecting a property from vulnerability.

For more:Â http://bit.ly/1GKYRTh

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Filed under Crime, Hotel Employees, Hotel Industry, Management And Ownership, Training

Tagged as Arrest, Credit Card Scam, Credit Cards, Credit Fraud, Crime, Cybercrime, Cybersecurity, Employees, Fraud, Guest Safety, Hospitality, Hospitality Industry, Hospitality Lawyer, Hospitality Risk Solutions, Hotel Employees, Hotel Guest, Hotel Industry, Hotel Safety, Hotel Scams, Hotel Security, Hotel Staff, hotel workers, Hotels, Housekeepers, Insurance, Lawsuits, Legal Issues, Legal Risks, Liability, Lodging Magazine, Managing Risk, Mobile Technology, Motels, Online Scams, P3, Petra Risk Solutions, Property Damage, Restaurant Employees, Restaurants, Risk Management, Scams, Security, Surveillance, Technology, Theft

by Ida | June 11, 2015 · 9:14 am

Hospitality Industry Management Update: “3 Ways the Hotel Industry is Changing”

â€œWeâ€™re under attack right now,â€ he said. â€œWeâ€™re under direct attack. Weâ€™ve got Expedia and Orbitz planning a merger. They have 75% of the online marketplace. This is like the Klingons and Romulans teaming up together.”…David Kong, president and CEO of Best Western International, said he is not surprised to see consolidation among online travel agencies considering that some hotel companies are consolidating, too.

J. Allen Smith has a problem.

â€œI keep feeling: â€˜What should I be worried about?â€™â€ the president and CEO of Four Seasons Hotels and Resorts said Tuesday during a general session â€œThe leaders forumâ€ panel at the 37th annual NYU International Hospitality Industry Investment Conference.

â€œYouâ€™re mindful of a plethora of risks. None of them seems to be materializing in a way that seems to be disrupting anything, but you have to be mindful of them,â€ he said

Smithâ€™s comment succinctly summed up the sentiment on Day Two of the NYU Conference. With the industry hitting on all cylinders, it can be difficult to find things to be concerned about.

Difficult, but not impossible it turns out, as top leaders from around the industry discussed their biggest concerns in this part of the cycle. One of the recurring themes throughout the three-hour long series of morning general sessions had to do with how the hotel industry itself is in transition.

For more:Â http://bit.ly/1MsNG1s

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Filed under Hotel Industry, Management And Ownership, Social Media, Technology

Tagged as Best Western International, Credit Cards, Crime, Cybercrime, Cybersecurity, Digital Branding, Digital Marketing, Employees, Expedia, Four Seasons Hotels and Resorts, Guest Experience, Guest Safety, Health Hazards, Hospitality, Hospitality Industry, Hospitality Lawyer, Hospitality Risk Solutions, hotel companies, Hotel Employees, Hotel Guest, Hotel Industry, Hotel News Now, Hotel Safety, Hotel Security, Hotel Staff, hotel workers, Hotels, Housekeepers, Injuries, Insurance, Lawsuits, Legal Issues, Legal Risks, Liability, Managing Risk, Mobile Technology, Motels, Online Branding, Online Marketing, Online Marketplace, online travel agencies, Orbitz, P3, Petra Risk Solutions, Property Damage, Restaurants, Risk Management, Security, Surveillance, Technology, Theft, TripAdvisor

by Ida | June 1, 2015 · 11:51 am

Hospitality Industry Risk Update: “Is Your Hotel Properly Collecting and Preserving Incident Related Evidence ?”

Videos can make or break a case. For example, in one case, video footage clearly showed that the plaintiff initiated the fist fight that was at the heart of his lawsuit. The video would have absolved the hotel from all liability, but the hotel failed to properly preserve this key piece of evidence.As a result, the case had to be settled instead of vigorously defended. Further, as digital surveillance systems continue to become the industry standard, judges have been less forgiving when it comes to claims that the pertinent footage was either lost or never preserved.

By the time a case reaches an attorneyâ€™s desk, all too often pertinent evidence either has been lost â€” or was never collected in the first place. Californiaâ€™s statute of limitations for a personal lawsuit is two years; consequently, an attorneyâ€™s first involvement in an incident on your property usually happens more than two years after the incident has occurred. If your hotel or resort has not properly gathered and preserved evidence, it becomes very challenging to recreate what transpired. Hence, it is imperative that; your hotel have formal written evidence retention policies; that first responders and security teams are properly trained on how to gather the evidence; and that hotel staff take steps to ensure that this evidence is preserved. Failing to collect and preserve evidence can turn a defensible case into a major settlement.

For more:Â http://bit.ly/1FPnjkz

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Filed under Crime, Employee Practices, Hotel Employees, Hotel Industry, Insurance, Management And Ownership, Risk Management, Training

Tagged as Arrest, Credit Cards, Crime, Crisis Management, Cybercrime, Cybersecurity, Death, Document Retention, Employees, Evidence, Fire, Guest Safety, Health Hazards, Hospitality, Hospitality Industry, Hospitality Lawyer, Hospitality Risk Solutions, Hotel Employees, Hotel Guest, Hotel Incident, Hotel Industry, Hotel Safety, Hotel Security, Hotel Staff, hotel workers, Hotels, Housekeepers, Illnesses, Incident Report, Injuries, Insurance, Lawsuits, Legal Issues, Legal Risks, Liability, Managing Risk, Mobile Technology, Motels, P3, Petra Risk Solutions, Pool and Spa Safety, Property Damage, Restaurant Employees, Restaurants, Risk Management, Security, Spoliation of Evidence, Surveillance, Swimming Pools, Technology, Theft, Videos

by Ida | May 28, 2015 · 11:02 am

Hospitality Industry Conference Update: “California Hotel Owner Conference”

Come out and see Brad Durbin from Petra Risk Solutions in the educational session:

Hotel Cyber Liability: Â Claim Trends & Cost Analysis

Last year’s Hotel Owner Conference was a huge success! Â So back by popular demand, join the California Hotel & Lodging Association, June 11-12, 2015 at the historic, state-of-the-art Silverado Resort & Spa, in the world-famous Napa Valley. The conference will bring together hotel owners, brands, brokers, CEO’s and other hotel industry experts for a conference all about networking, deal-making and high-level education.

For more: http://bit.ly/1PQrLri

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Filed under Conferences, Hotel Industry, Management And Ownership, Risk Management, Training

Tagged as Arrest, California Hotel & Lodging Association, Credit Cards, Crime, Cybercrime, Cybersecurity, Death, Employees, Fire, Guest Safety, Health Hazards, Hospitality, Hospitality Industry, Hospitality Lawyer, Hospitality Risk Solutions, Hotel Branding, Hotel Conference, Hotel Employees, Hotel Guest, Hotel Industry, Hotel Marketing, Hotel Safety, Hotel Security, Hotel Staff, hotel workers, Hotels, Housekeepers, Illnesses, Injuries, Insurance, Lawsuits, Legal Issues, Legal Risks, Liability, Managing Risk, Mobile Technology, Motels, Online Branding, Online Marketing, P3, Petra Risk Solutions, Property Damage, Restaurant Employees, Restaurants, Risk Management, Security, Surveillance, Swimming Pools, Technology, Theft, Videos

by Ida | May 26, 2015 · 9:51 am

Hospitality Industry Management Update: “5 Ways to Improve Responses on TripAdvisor”

Leisman cited data form a Phocuswright poll of the TripAdvisor community of travelers that found 84% of U.S. users agreed that an appropriate management response to a bad review â€œimproves my impression of the hotel.â€ Six of 10 users (62%) said seeing hotel management responses to reviews generally â€œmakes me more likely to book it (versus a comparable hotel that didn’t respond to travelers).â€

Itâ€™s funny observing the disparate number of policies hoteliers employ regarding reviews on TripAdvisor. Company A insists on responding to every comment, while Company B tells its managers to reply only to the bad. Company C takes a different tact entirely: It doesnâ€™t respond to any.

Those are the broad buckets. Nuances and further variation exist at each stage along the spectrum. And each company that employs them insists theirs is the only and obvious approach.

Some variety might be warranted. One hotel is often not like the other, so I understand a degree of unique plans that appeal to unique bases of demand, product offerings and location types.

But clearly there are some hoteliers who, despite their best intentions, are engaging with guests on TripAdvisor in a manner that could prove potentially harmful to further review rankings and thus future bookings.

In cases such as these, I find itâ€™s best to go straight to the source for the prescribed best practices. In this case, that would be TripAdvisorâ€”or more specifically, Heather Leisman, business VP of industry marketing.

This topic was top of mind for her. TripAdvisor recently released a report which examined why travelers write reviews. The top reason? â€œTo share useful information with othersâ€ and because â€œthey find reviews helpful, so they want to give back.â€ (Who knew the TripAdvisor online community was so altruistic?)

For more:Â http://bit.ly/1cgseQT

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Filed under Employee Practices, Guest Issues, Hotel Industry, Management And Ownership, Social Media

Tagged as comparable hotel, Cybersecurity, Digital Media, Facebook, Hospitality, Hospitality Industry, Hospitality Lawyer, Hospitality Risk, Hospitality Risk Solutions, Hotel Branding, Hotel Employees, Hotel Guest, Hotel Industry, Hotel Management, Hotel News, Hotel News Now, Hotel Reviews, Hotel Safety, Hotel Security, Hotel Staff, hotel workers, Hotels, Housekeepers, Insurance, Lawsuits, Legal Issues, Legal Risks, Liability, Managing Risk, Mobile Technology, Motels, Online Branding, Online Reviews, P3, Petra Risk Solutions, Restaurant Employees, Restaurants, Risk Management, Risk Management Update, Security, Social Media, Surveillance, Technology, Travelers, Trip Advisor, TripAdvisor, Twitter

Tag Archives: Lawsuits

Hospitality Industry Legal Update: “DOJ Releases Supplemental Guidance on Service Animals Under the Americans With Disabilities Act”

Hospitality Industry Management Update: “Three Rules of Renovation”

Hospitality Industry Legal Update: “Are You Breaking the Law by Recording Calls?”

Hospitality Industry Legal Update: “Patel v L.A. and What it Means for Hotel Operators”

Hospitality Industry Technology Update: “Hoteliers Need to Own Their Property Website”

Hospitality Industry Management Update: “Protect Your Property from Common Industry Scams”

Hospitality Industry Risk Update: “Is Your Hotel Properly Collecting and Preserving Incident Related Evidence ?”

Hospitality Industry Conference Update: “California Hotel Owner Conference”

Come out and see Brad Durbin from Petra Risk Solutions in the educational session:

Hotel Cyber Liability: Â Claim Trends & Cost Analysis

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Come out and see Brad Durbin from Petra Risk Solutions in the educational session:

Hotel Cyber Liability: Â Claim Trends & Cost Analysis

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