HOTEL KEEPERS LIABILITY LAW (1997 Revision)

CAYMAN ISLANDS HOTEL KEEPERS LIABILITY LAW (1997 Revision) Supplement No. 5 published with Gazette No. 21 of 13th October, 1997. PUBLISHING DETAILS Revised under the authority of the Law Revision Law (19 of 1975). Originally enacted- Law 12 of 1972-16th August, 1972. Revised this 2nd day of September, 1997. Page 2 Revised as at 2nd day of September, 1997 c Hotel Keepers Liability Law (1997 Revision) Arrangement of Sections CAYMAN ISLANDS HOTEL KEEPERS LIABILITY LAW (1997 Revision) Arrangement of Sections Section Page 1. Short title ...................................................................................................................................5 2. Definitions ..................................................................................................................................5 3. Limitation of liability of hotel keeper ...........................................................................................5 4. Exclusion of hotel keeper from benefit of this Law in certain cases ............................................6 5. Duty of hotel keeper to exhibit copy of section 3 in hotel ............................................................6 6. Conferment of power of sale of goods upon hotel keeper under certain circumstances ..............6 c Revised as at 2nd day of September, 1997 Page 3 Hotel Keepers Liability Law (1997 Revision) Section 1 CAYMAN ISLANDS HOTEL KEEPERS LIABILITY LAW (1997 Revision) ENACTED by the Legislature of the Cayman Islands. 1. Short title 1. This Law may be cited as the Hotel Keepers Liability Law (1997 Revision). 2. Definitions 2. In this Law — “hotel” means any hotel, inn, tavern, public house or other place of refreshment, the keeper of which is now by common law responsible for the goods of his guests; “hotel keeper” means the keeper of an hotel and includes any corporation keeping an hotel; and “goods” includes money, chattels, vehicles, wares and merchandise. 3. Limitation of liability of hotel keeper 3. With effect from 16th August, 1972, no hotel keeper shall be liable to make good to any guest of such hotel keeper any loss of or injury to goods brought to his hotel, not being a vehicle, to a greater amount than two hundred dollars, except — (a) where such goods are stolen, lost or injured through the wilful default or negligence of such hotel keeper or any servant in his employ; or (b) where such goods are deposited expressly for safe custody with such hotel keeper: c Revised as at 2nd day of September, 1997 Page 5 Section 4 Hotel Keepers Liability Law Provided that in case of such deposit it shall be lawful for such hotel keeper, if he thinks fit, to require, as a condition of his liability, that such goods shall be deposited in a box or other receptacle, fastened and sealed by the person depositing the goods. 4. Exclusion of hotel keeper from benefit of this Law in certain cases 4. If any hotel keeper refuses to receive for safe custody any goods of his guest, or if any guest is, through any default of such hotel keeper, unable to deposit such goods as aforesaid, then such hotel keeper shall not be entitled to the benefit of this Law in respect of such goods. 5. Duty of hotel keeper to exhibit copy of section 3 in hotel 5. Every hotel keeper shall cause at least one copy of section 3, printed in plain type, to be exhibited in a conspicuous part of the main hall or entrance to his hotel and shall be entitled to the benefit of this Law in respect of such goods only as are brought to his hotel while such copy is exhibited. 6. Conferment of power of sale of goods upon hotel keeper under certain circumstances 6. (1) Every hotel keeper shall, in addition to his ordinary lien, have the right absolutely to sell and dispose of by public auction any goods which have been deposited with him or left in his hotel or in any premises appurtenant or belonging thereto, where the person depositing or leaving such goods becomes indebted to the said hotel keeper for any board, lodging or refreshment: Provided that no such sale shall be made — (a) until after the said goods have been six weeks in the charge or custody of such hotel keeper, or in or upon such premises, without such debt having been paid or satisfied; (b) unless the debt for the payment of which a sale is made is not any other or greater debt than the debt for which the goods could have been retained by the hotel keeper by his lien; and (c) unless, at least one month before such sale, the hotel keeper has caused to be inserted in a newspaper circulating in the Islands an advertisement containing notice of such intended sale, and giving shortly a description of the goods intended to be sold, together with the name, where known, of the owner or person who deposited or left the goods. (2) Such hotel keeper, after having, out of the proceeds of such sale, paid himself the amount of such debt, together with the costs and expenses of such sale, shall on demand pay to the person depositing or leaving any such goods, the surplus, if any, remaining after such sale. Page 6 Revised as at 2nd day of September, 1997 c Hotel Keepers Liability Law (1997 Revision) Section 6 Publication in revised form authorised by the Governor in Council this 2nd day of September, 1997. Carmena H. Parsons Clerk of Executive Council c Revised as at 2nd day of September, 1997 Page 7