DISCUSSION 1
Students – Read your assignments below. Work together in the assigned teams to prepare your discussion answer, which is due by Saturday each week. Post your discussion answer by adding to the Discussion as a team (list names) or individually. Include at least one legal resource citation with your answer from LexisNexis or elsewhere.
Each student must also respond to at least 3 other teams’ discussion by Sunday. The response should add to the discussion, not just agree with previous submissions. A good response would be an additional thought, an additional resource or an example of what you have seen at work.
These exercises are designed to improve critical thinking, analysis and writing skills in addition to understanding of fundamental legal principles. The search through legal resources (LexisNexis) will guide you to learn legal logic. Do not be concerned about the legal technicalities, but look for basic legal principles.
Use the FIU Internet Library to find legal guidance for each assignment in legal encyclopedias, journal articles, cases and statutes. Google searching may also be useful to find practical information, such as typical hotel guest contracts and management agreements.
Assignments are made in teams of students, so work together to formulate your discussion. State the resources (cases, statutes, regulations, articles, websites) where you found information to support your position, with citations for each resource. The citation format is found at the top of the first page of each case or article in Lexis/Nexis.
You will probably not find anything exactly on point for your issue, but find something (does not have to be in a hospitality case) to support your answer.
REMEMBER – THIS SECTION IS ABOUT CONTRACTS, SO SEARCH FOR CONTRACT LEGAL PRINCIPLES.DISCUSSION 1-A: CYBER-TERRORISM
Your hotel in Miami Beach has just been attacked by cyber terrorism. All your hotel systems which are operated through the internet are non-functional. The information stored on your computer system has been hacked and is not accessible. Following are some of the practical and legal issues to be considered.
You have no record of incoming guests. As guests come to check in, what are the hotel’s contract rights and obligations to the guests? Must the hotel accept the guests’ assertions that they have prepaid for their stay? May the hotel charge the guests at check-in, with refunds later if prepayments are confirmed?
If guests presently at the hotel are unwilling to leave because airline flights have been canceled due to cyberattacks on the flight reservation systems, does the hotel have an obligation to allow the guests to continue their stay at the hotel?
A business conference at the hotel had rented meeting rooms for a week for their conference, but the hotel conference facilities such as projectors and internet service are not operating. Is the hotel required to refund all payments by the meeting planners? Must the hotel provide alternative arrangements so the conference may proceed?
The hotel has concession agreements with certain services provided at the hotel, such as stores, spa, watersports, etc. These agreements state that the hotel is to receive a base rent plus a percentage of revenues. How are these payment requirements affected by the loss of internet and other computer services which are no longer being provided by the hotel?
The cyber terrorists have stolen personal information from the hotel computer system about the guests and employees of the hotel. What is the hotel’s liability for damages from theft of personal information from its computers?
DISCUSSION 1-B: HOTEL DAMAGE BY HURRICANE
As Hurricane Delta approaches, you order guests to be removed from the hotel. Some guests protest because they do not want to leave – they may not have transportation to depart safely or they may simply want to stay to experience a hurricane. What are the hotel rights to force guests to leave? What are the guest’s rights?
The hurricane has caused cut off electrical power to the hotel, but it is still functional. The lobby, restaurant and other public areas have been closed off, but some guest rooms are still usable and the generator provides electricity. Now may the hotel charge guests who have made prepaid reservations, but decide not to visit your hotel at this time, for the rooms which are available? May the guests insist that they be provided rooms even though the hotel prefers not to have guests visiting the damaged hotel?
You are the Owner of the hotel property, but you have a Hotel Management Agreement with Four Seasons as the management company to run hotel operations, human resources, marketing, advertising, booking and loyalty program. How does the decrease in hotel revenues due to hurricane damages and bad press affect the performance standards and the management fees?
DISCUSSION 1-C: THE CORONAVIRUS EXPERIENCE
What are the hotel’s rights and responsibilities for requiring facemasks and social distancing on its premises for guests?
What are the hotel’s rights and responsibilities for requiring facemasks and social distancing on its premises for employees?
What are the hotel’s rights and responsibilities for requiring Covid-19 testing before entering its premises?
What are reasonable accommodations for guests and employees with medical conditions and/or disabilities which require special consideration as to the hotel safety protocols? How do you handle guests or employees with political objections to compliance?
What communications are required to notify incoming guests of policies, amenity closures, or other updates as to the facility? When and how should this communication be made?