Tag Archives: Managing Risk

by | February 1, 2016 · 6:34 pm

5 Questions, Answers About ADA Compliance

ADA

Hotel News Now has run numerous stories about compliance with the Americans with Disabilities Act(ADA), with topics ranging from how to handle service animals to providing equal access to guests.

 

However, sometimes those articles inspired more questions from you. We asked two legal sources to provide some insights on your questions.

1. If someone comes in and asks me for a handicap room, can I ask them for proof they are disabled or handicapped at that point (such as a handicap sticker)?

Minh N. Vu of Seyfarth Shaw: “No. A hotel should not inquire about or require proof of disability when a person requests an accessible room. However, it would be appropriate to say something like: ‘The room you are requesting has features for guests with mobility and/or hearing disabilities. Would you like to continue booking this room?’ This clarification point is helpful to ensure that the person booking the room knows what type of room he or she is booking.”

2. If a hotel does charge more for an ADA room, what recourse is there? 

Minh N. Vu of Seyfarth Shaw: “Hotels cannot charge more for a room just because it is accessible. The rates for comparable accessible and non-accessible rooms must be the same. A person who has been charged more for an accessible room can claim an ADA Title III violation and bring a private lawsuit. He or she can also file a complaint with the Department of Justice.”

3. If a hotel must provide equal access to everyone and not charge an additional amount for service animals, then logic would follow that they cannot charge extra for a refrigerator to keep medication refrigerated. Can you comment on the legalities of this? 

Taylor Burras of Michelman & Robinson: “Hoteliers must make ‘reasonable modifications’ to their standard policies when accommodating a person with a disability. Section 36.301(c) of the Americans with Disabilities Act states: ‘A public accommodation may not impose a surcharge on a particular individual with a disability or any group of individuals with disabilities to cover the costs of measures, such as the provision of auxiliary aids, barrier removal, alternatives to barrier removal, and reasonable modifications in policies, practices, or procedures, that are required to provide that individual or group with the nondiscriminatory treatment required by the Act.’ Thus, it would stand to reason that a hotel cannot charge extra for a refrigerator to keep medication refrigerated.”

4. Are therapy dogs classified as a “Service Dog”? We have seen a recent influx of travelers and they carry a tag that said “Certified Therapy Dog.”

Taylor Burras of Michelman & Robinson: “The ADA defines a ‘service animal’ as ‘any dog that is individually trained to do work or perform tasks for the benefit of an individual with a disability, including a physical, sensory, psychiatric, intellectual or other mental disability.’ However, dogs with the sole function of providing comfort or emotional support do not qualify as service animals under the ADA definition. Since they have not been trained to perform a specific job or task, such therapy dogs do not qualify as service animals under the ADA.

“It’s important to note that the ADA makes a distinction between psychiatric service animals and emotional support animals. If the dog has been trained to sense that a neurological event or episode is about to happen and take a specific action that will help prevent, or lessen the impact, that dog would qualify as a service animal. However, if the dog’s mere presence provides comfort or emotional support, that would not be considered a service animal under the ADA.

“Notably, however, some state or local governments have laws that allow people to take emotional support animals into public places, so hotels should check with their state or local government agencies to find out if they may be subject to such a regulation.”

5. Is there an appropriate way to handle a situation where the dog is a service dog but not apparently working? (For example, there was a guest who had to carry the dog who was on chemotherapy and had arthritis in its back legs. He was trained, but it seemed he was retired and it was seemingly more of a rescue situation for a dog that had been in service.)

Minh N. Vu of Seyfarth Shaw: “When a hotel has reason to believe that a dog may not be a service dog, it can ask two questions: ‘Do you need this dog because of a disability?’ If the answer is yes, then the second question that can be asked is: ‘What work or tasks has this animal been trained to perform?’ If the owner cannot identify the work or tasks that the dog has been trained to perform for the person with a disability, the dog is not a service animal.”

For more: http://bit.ly/1ParGsU

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by | January 29, 2016 · 5:15 pm

The 2016 Hospitality Law Conference

hospitality

Intensive Hospitality Education. Exceptional Networking. It’s Not Just for Lawyers.

From development deals to management agreements, from food and beverage liability to labor and employment, and from claims management to anti-trust issues, the latest cases, trends and challenges in compliance, finance, law, risk, safety, and security are up for exploration at the 14th Annual Hospitality Law Conference, February 22-24, 2016.

The Owner Management Summit, co-located with The Hospitality Law Conference – 2016, intersects legal, finance and technology and includes sessions on: who owns the data, who is responsible for the data, development and unwinding management contracts.

The Hospitality Insurance and Loss Prevention Summit, co-located with the Hospitality Law Conference, includes sessions on risk management, the top claims in 2015, and coverages for cyber & data breaches.

Hotel and Restaurant Corporate Counsel have several opportunities to meet with their peers in facilitated conversations to explore common challenges, solutions and law department management.

Also featured during The Hospitality Law Conference – 2016, are break-out sessions and roundtables in Food & Beverage, Lodging, and Human Resources & Labor Relations.

Join Petra Risk Solutions’ very own Todd Seiders for, “Discussion of Most Frequent Claims and How to Prevent Them”

 

Todd Seiders - Petra Risk SolutionsSlips, falls, breaks, disruptions.  If you are involved in the hospitality industry, you face very real threats to your financial well-being and your reputation.  A security breach at your property, a slip by a patron, a defect in construction, or a natural disaster are examples of problems that could and should be addressed by your risk management program and your insurance.  In this session, Todd Seiders, Director of Loss Control at Petra Risk Solutions, and Allen Wolff, Insurance Recovery Attorney with Anderson Kill, will identify and analyze some of the most frequent claims that arise in hospitality industry and will offer analysis and insight for managing the risk of such claims, mitigating the losses caused by them, and obtaining insurance coverage for them.

Click here for more infomation on: TODD SEIDERS
And for more info on the conference: http://bit.ly/1KfrDiI

 

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by | January 25, 2016 · 5:28 pm

Embassy Suites Let Attacker Into Woman’s Room

Embassy

A New Jersey woman who was sexually assaulted while staying at the Embassy Suites in downtown Des Moines has filed a lawsuit claiming staff members unwittingly let her attacker into her seventh-floor room.

Cheri Marchionda is suing both Embassy Suites and Hilton Worldwide, as well as Atrium Finance III, the company that owns the Des Moines hotel.

She was staying at the East Village hotel during a business trip when she awoke sometime after midnight on April 11, 2014, to find Christopher Edward LaPointe standing at the foot of her bed and touching her leg.

LaPointe, 31, a New York resident also staying at the hotel, is now serving a 20-year prison sentence at the Iowa Medical and Classification Center after pleading guilty to burglary and sexual abuse charges in December 2014.

In a federal lawsuit on track to go to trial in Des Moines, lawyers from a Pennsylvania firm representing Marchionda wrote that a manager, a desk clerk and a maintenance man all helped LaPointe get into the woman’s room without asking Marchionda whether he had permission to be there.

Though the Des Moines Register does not typically identify sexual assault victims in criminal cases, it does publish plaintiffs’ names in reporting on civil lawsuits. Reached by phone Wednesday, Marchionda’s lawyers said she did not currently want to speak publicly about the case.

“Each defendant owed a special duty of care to her, including a duty to provide for and assure her safety and security while at the hotel,” attorneys Paul Brandes and Michael Hanamirian wrote in the lawsuit. “To not expose her to burglary, assaults or attacks by others … and to not assist others in burglarizing, assaulting or attacking her.”

The negligence lawsuit was filed in a New Jersey federal court district in June, but was moved Tuesday to Iowa after lawyers couldn’t agree on a settlement during nonbinding mediation earlier in December. None of the defendants have filed an answer in court to the lawsuit, though a motion to dismiss over jurisdictional issues was denied by a judge.

The general manager at the Des Moines hotel did not immediately return a reporter’s phone call this week. Maggie Giddens, a public relations director for the hotel chain, said the company could not publicly comment because of the ongoing litigation.

The claims in Marchionda’s lawsuit are similar to those from another that Los Angeles attorney Gloria Allred filed against Embassy Suites and its parent company, Hilton Worldwide, on behalf of a woman who was sexually assaulted while staying at one of their hotels in North Charleston, S.C.

For more: http://dmreg.co/1njFwCb

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by | January 20, 2016 · 6:46 pm

Use a Lack of Confidence in OTA Sites to Your Advantage

OTA

A recent report from the Association of British Travel Agents (ABTA) revealed an increase in complaints about false OTA websites created by fraudulent travel companies.  Many customers have lost money to these sites, while others are calling hotels directly to ensure that they are indeed making a reservation at the hotel as intended.

This apparent trend of dwindling consumer confidence matches the booming growth of the online travel sector. While customers now have unparalleled choice and freedom to compare a range of deals, they’re also faced with uncertainty when dealing with unknown companies.

Common questions: Is this deal too good to be true? Is my payment secure? Who exactly am I dealing with here? With answers to these questions unclear at times, customers are increasingly cautious.

For a legitimate OTA, this clearly presents a challenge. How can an online business give people a sense that it can truly be trusted?  Having a quality website that has well-written copy, that features up-to-date content, and has a unique tone of voice can all help give off a sense of added professionalism and authenticity.

But the ABTA report shines a light on arguably the most important way people seek assurances: they pick up the phone.   In the end, nothing replaces the human voice. As a travel company, making sure customers can talk to you day or night offers your clients an instant way to check your credentials.

No doubt, investing in a quality website can convey an extra level of trustworthiness. But many customers will always want a more immediate and reliable way of making sure your company is legitimate.

So, at a time when online shoppers are becoming less trusting and more savvy about who they deal with, having a phone number clearly listed on your website and a system to ensure every call gets answered can safeguard potential bookings from cautious customers.

For more: http://bit.ly/1PhGonk

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by | January 15, 2016 · 6:24 pm

Booking Scams: Helping Guests Helps Hoteliers

Scams

Although online booking scams are a problem that should be resolved by the hotel industry as a whole, they also can cause headaches for individual front-desk employees at properties.

 

According to research from the American Hotel & Lodging Association, 15 million deceptive bookings were made in 2015 at a cost of roughly $1.3 billion.

So what should you do when prospective guests walk through your front door believing they’ve booked and paid for a stay only to find out they’ve been scammed? Sources said the answer to that question can be a difficult one, but it requires a delicate balance of education, compassion and long-term thinking.

Maryam Khan Cope, VP of government affairs for AH&LA, said one way these rogue websites operate is by taking photos from a hotel’s website and claiming to offer bookings to that particular property.

“We’re seeing this spike (in booking scams) and hearing from hotels that they essentially had their identities replicated on these scam sites,” Cope said.

Accommodating a scammed guest

Even though hoteliers did nothing wrong to cause a would-be guest walking onto their property with a sham booking, there is a lot on the line depending on how the situation is handled.

Roger Bloss, CEO of Vantage Hospitality Group, said his directive to owner-operators of his company’s brands is to honor stays of “a night or two” and charge it to the corporate office.

“We’ve got to think about the people booking in the economy lodging segment,” Bloss said. “(Scam bookings) can be a dramatic hardship on them. As hoteliers, we don’t want to see that happen. So, we’ve instructed our hotels to be hospitable.”

Bloss said covering stays for scammed customers benefits the company in terms of reputation management. Even though the hotel isn’t the source of the scam, leaving a would-be guest out in the cold can lead to a negative association with brands and possibly negative reviews and backlash online.

“At the end of the day, it always comes back to the brand, the property and the company,” Bloss said. “I don’t want to put our members in the position that they have to make a financial decision that affects the brand as a whole. In the days of social media, it’s a lot less expensive to keep a customer than attract new ones.”

Bloss said he sees this as a common sense approach.

“You have to think about all the money spent to attract guests to hotels,” Bloss said. “Would you destroy all that over a couple hundred bucks?”

Cope said AH&LA suggests taking a similar tact to what Bloss described.

“We suggest, because they’re in the business of guest service, that they do whatever they can to accommodate,” she said. “That might mean identifying an alternative at your hotel in your area.”

Cope said GMs try to “bend over backwards” to help scammed guests, but sometimes they’re caught in situations where no solution presents itself, such as if no rooms are available. But hoteliers should keep in mind that all efforts to help a scammed guest are positive.

“They should offer any additional support they can provide the guest especially because negative experiences often reflect on the hotel,” Cope said.

Chris Harvey, GM of the Crowne Plaza Charleston Airport & Convention Center, said he has been lucky enough to not encounter scammed guests at his hotel, but if it were to occur he’d instruct staff to offer a room at a reduced rate.

“You have to make sure you’re doing something for them and help them to keep the situation from getting worse,” Harvey said.

For more: http://bit.ly/1NbJKAJ

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by | January 11, 2016 · 5:59 pm

Workers Compensation Best Practices: What You Should Be Doing

Workers Compensation

Effective cost management of workers compensation claims starts at the time of the injury. Otherwise, studies confirm that the longer it takes to report a claim, the higher the cost.

 

“What happens in the first 24 hours post-injury is critical,” said Michael Bell, executive vice president for U.S. business development with Gallagher Bassett. Industry experts agree that successful management of these expenses must be comprehensive from start to finish, from the time of the injury through recovery and eventual return to work.

Bell estimates that 30% of all injured workers require medical guidance instead of medical care. This means that 30% can be resolved with self-treatment and that a claim doesn’t have to be filed. It eliminates a costly visit to the emergency room, where expenses can quickly climb to $1,000 or more.

The top priority — helping the employee recover and return to work — is best addressed by prompt treatment and proper guidance to direct the patient to the right source of care. For example, if someone is suffering from complex pain issues, a general practitioner may not be the best option for a claim that is not going to end with a simple outcome.

An injury is frequently a new experience for many employees who are looking for guidance. Where that guidance comes from, whether on the employer’s side or the claims handling side, makes a difference. A recommended best practice, Bell said, is a nurse triage process. Nurses will record initial interviews at the site of the accident, a critical time when facts can be clarified and confirmed. A worker will be much more honest in sharing information with a nurse than with a claims professional. A triage nurse also determines whether treatment is even necessary and then guides the patient to the appropriate medical provider.

For more: http://bit.ly/1mQNvXM

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by | January 4, 2016 · 6:24 pm

9 Social Media Tips For 2016

Social Media

Hotel marketers have never seen such rapid and overwhelming change like the one happening in social media. However, there are ways to approach the social media universe that will help maintain perspective in the face of all that change.

Several sources provided nine social media tips for 2016 to help marketers maintain perspective.

1. Keep up with what’s new

Social media innovations catch on with incredible speed. For instance, Periscope and Meerkat, both video streaming apps launched in 2015, are already players in travel marketing. The apps allow users to send video to friends or followers instantly.

“There are constantly new platforms emerging and it’s important to us to stay on top of it,” said Dan Moriarty, director of digital strategy and activation for Hyatt Hotels Corporation.

2. Stay up to date on existing platforms

The big guys are not resting on their laurels. For example, Moriarty said, “Twitter removing direct messaging character limitations really opens up the depth of conversation hotels can have with guests on that platform and enables better connections.

“Also, Instagram has made it easier to tag a location when a picture was taken there, and now allows users to search by location rather than just hashtag. This is huge for travel.”

“Facebook is leading the pack everywhere,” said Benji Greenberg, CEO of BCV, which manages social media for hotels. “They are introducing something new every two weeks. They recently launched Facebook Messenger for business, which is important because companies will be able to embed Messenger in their websites instead of using live chat. Now a customer can walk away from the computer without the usual live chat waiting and maintain the communication on another device.”

3. Practice targeting

All the social platforms have upped their capabilities around targeting, said Lucy Kemmitz, lead of social media for the Hilton Hotels & Resorts and Curio brands from Hilton Worldwide Holdings.

“Instagram now offers the same extensive and highly accurate targeting parameters as Facebook,” Kemmitz said, “and allows for campaigns that run on both platforms for coordinated campaigns using both platforms at a more affordable price point than previously. As evidence of the effectiveness of the targeting available on Instagram, we see click-through rates of nearly 2.5% on ads for Curio.”

Kemmitz said Twitter launched event-based targeting, which allows marketers to target people interested in area events. She said beta advertisers saw up to a 110% increase in engagement when using this type of targeting on the platform.

Jeremy Jauncey, founder of Beautiful Destinations, which advises brands on Instagram, said paid advertising on Instagram is “the most important change to the platform in its history.”

“Now not only can a hotel tell its story through imagery, targeted ad technology enables brands to drive: clicks to websites, views of videos, mobile app downloads and massive amounts of impressions,” Jauncey said. “Hotels like the Bellagio and Starwood properties such as W and Aloft have already spent money on these types of ads.

For more: http://bit.ly/1Z2BsYe

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by | December 21, 2015 · 7:34 pm

16 Hotel Marketing Trends for 2016

Marketing

2016 is right around the corner, and this past year has seen a slew of changes to the digital marketing landscape. The growth isn’t over, though – mobile is exploding and technology is expanding. That means that digital marketing, still a relatively young and swiftly-growing field, is rapidly growing and changing along with it.

Here’s an what we’re predicting:

  1. Mobile Dominates: Mobile has contributed over 94% of year-on-year growth in e-commerce traffic. On average, 21% of hotel bookings take place on Mobile devices. Make sure you’re ready for the future. (Learn More)
  2. Content is the New SEO: With an average of 30-40% of a hotel’s revenue deriving from Organic traffic, having a content strategy that goes beyond typical ‘hotel information’ is extremely valuable. Whether it’s a blog about local events or an innovative social presence now is the time to get creative.
  3. Relationship Marketing: It’s vital to market to real people, and market to therightpeople. Insights from persona marketing, machine learning, programmatic marketing and Google’s customer match will all help you talk to your guests in 2016. (Learn More)
  4. The Rise of Ad Blocking: With Ad Blocking on the rise, other methods of driving traffic to your site need to step up. Ad blocking grew globally by 41% in the past 12 months, and is expected to cost the industry $41B globally in 2016. (Learn More)
  5. Video Everywhere: Video is taking over, with auto-play clips appearing on Facebook, Instagram and elsewhere. It’s no longer restricted to your website and YouTube – in 2016, there will be more channels than ever to promote your hotel’s videos on.
  6. Buy Buttons Taking Over: Social E-Commerce is on the rise! Buy buttons on Facebook, Pinterest & other social channels will become standard as the line thins between social media and e-commerce sites. (Learn More)
  7. In-the-Moment Marketing: Being “in the moment” matters for hotels. Showing up at the right place and the right time and having a strong presence on all channels where your personas hang out is crucial, so nail down guest personas and strengthen your strategy.
  8. New Payment Methods: New ways of completing a payment, particularly on mobile are growing. Companies like Stripe are starting to change the market. 2016 will see fingerprint payment grow, more mobile payments and simplified checkout flows. (Learn More)

For more: http://bit.ly/1IkuczB

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by | December 14, 2015 · 5:49 pm

3 Tips Hoteliers Can Learn From Expedia

Expedia

Bigger and faster.

That’s how Expedia executives characterized the overall travel industry in 2016 from their vantage point during the company’s annual partner conference.

The company disclosed highlights from the data it collects on travel booking and activities and shared updates on its business following a year when Expedia grew larger than ever, following its acquisition of Orbitz earlier this year and announcement of intention to acquire HomeAway.

Here are three top-level tips Expedia speakers shared during the conference that can benefit hoteliers:

1. Don’t have a mobile strategy yet? Get one. 

Expedia President and CEO Dara Khosrowshahi reminded attendees how important a hotel’s mobile presence is, not only because that’s where bookings are increasingly moving, but also because guests who spend countless hours connected to their mobile devices are more likely to connect more frequently with their travel providers.

But it’s more than just having a mobile presence, he said. More important is having cross-platform compatibility.

“You have to be able to optimize across devices and build an experience across devices,” he said. “We’ve found that 48% of our customers who make a purchase on Expedia have accessed two or more different devices before that purchase.”

Cyril Ranque, Expedia’s president of lodging partner services, shared data that while mobile use is increasing among travelers searching for hotels, mobile users search fewer properties before booking than desktop users do.

“This means that the consideration set is smaller on mobile, so you need a clear, strong mobile strategy to make sure your hotel is in the consideration set of the customer,” he said.

For more: http://bit.ly/1lIGGH1

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by | December 7, 2015 · 5:48 pm

Credit Card Switch: Is Your Hotel Compliant?

Credit Card

Following the nationwide EMV liability shift on Oct. 1, in-person credit card transactions in the United States are safer and more secure than ever before. Instead of swiping a credit card, vendors will be required to scan a high-tech chip that creates a unique code for each transaction. This means consumer information will be more difficult to duplicate, leading to increased data safety. Additionally, the widespread use of EMV (Europay, MasterCard, and Visa) microchip technology protects vendors—including hoteliers—from liability in cases of fraud. And, now that the country has finally caught up with global security standards, the long-term maintenance and success of the program is of the utmost importance.

According to Karen Cox, vice president of payment and retail solutions at Toronto-based payment processor, Moneris, U.S. vendors are in a very advantageous position as this solution spreads throughout the country. “Because the United States adopted EMV technology after other major markets, there have already been solutions developed for common issues, making the process easier,” she explains.

Most properties have already installed the POS hardware that include chip readers, but as the new EMV systems are fully integrated, hoteliers may need to add new processes during transactions. “You have to prove that the card is at the hotel for the transaction, so even if guests book with a credit card online, they may need to present the card during check-in and either sign or enter their PIN,” Cox says.

However, once the system is adopted and processes have evolved to facilitate the technology, keeping EMV technology up to date should not be an issue for most hoteliers. “The chip technology is very solid,” Cox describes. “There will likely be software updates, but if the properties keep up with the regular maintenance and renewal processes, they shouldn’t have any issues.”

While some hotels may not be using EMV technology yet, Cox recommends that these entities implement the systems as soon as possible. She adds that hoteliers who don’t know where to start should partner with a provider that can provide end-to-end solutions for the EMV shift.

For more: http://bit.ly/1N6JVAS

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