5 ms·

Author learns a lesson as to why we regulated the hospitality industry. Turns out rules are kinda necessary.

by calyth2018 8y ago

jstanley 8y ago
Do hotels have a regulation that says they're not allowed to ban customers? Or are you just taking the opportunity to get on your soapbox to complain about AirBnB?
- shoguning 8y ago
  https://www.law.cornell.edu/uscode/text/42/2000a https://www.law.cornell.edu/uscode/text/42/2000a
  - briandear 8y ago
    The linked law doesn’t apply to this situation. The banned person apparently wasn’t banned due to being a member of a protected class.
    - shoguning 8y ago
      Fair point. I think the idea is that there is a due process, and legal recourse if your rights were infringed. The existence of these laws would make public accommodations at least think twice before denying service. AirBnB is apparently avoiding these laws by putting forced arbitration into its terms of service. https://www.forbes.com/sites/jordanlebeau/2016/11/02/racial-discrimination-suit-against-airbnb-should-be-settled-by-private-arbitration-says-federal-judge/#55c7f8a414b7 https://www.forbes.com/sites/jordanlebeau/2016/11/02/racial-...
- siegecraft 8y ago
  Yes, if you're interested you can look up hospitality law or innkeeper law. Airbnb and others attempt to replicate existing services while sidestepping the regulations in place, which of course makes them cheaper / faster because they don't have to deal with the regulatory burden..
  - hitekker 8y ago
    >someone gives a reasonable 2 cents >another person screeches at him or her for having an opinion >new commenter calmly rebuts the miscreant. This is why I like HN.
  - daveFNbuck 8y ago
    I tried looking up both of these terms, and I didn't find anything about not being allowed to arbitrarily ban an individual from your hotel.
    - hitekker 8y ago
      IANAL, but besides the protected classes that have been linked below, the United States regulates the hospitality industry on a federal, state, and local level. For the guest, that means a legal recourse, and not a medium blogpost. We can quibble about the word “banning”, but the fact remains that, for hotels, there is a body of laws “against [guest] injury, whether accidental or intentional“. For the tech giant that pretends it’s not even in the same industry, there’s just a patchwork of guidelines.
      - lotsofpulp 8y ago
        I'm interested to know what these federal regulations are for hotels. And state and local ones I'm familiar with only deal with life safety measures and making sure hotels are keeping accurate records of the people staying in the hotel.
      - daveFNbuck 8y ago
        I'm still haven't seen anyone claim that you'd have legal recourse if the Hilton refused to rent you a room, unless it was due to protected class status. Wouldn't a person in that analogous situation be stuck with a blog post too?
    - noxToken 8y ago
      I was curious, so I did some searching regarding hospitality law. These results are generalized phrasing of the law, so you'd have to search further to get into specifics. IRT the OP, it seemed as if they wanted him to leave the premises early. Forcefully removing a guest would (I assume) fall under eviction. This is legal[0] in certain circumstances. From [0]: > Hotels may generally evict a guest and keep the room rental payment, despite the eviction, for the following reasons: > disorderly conduct > ... The host's review attempts to call the guest disorderly. If we assume that the host's review was 100% accurate, I don't think that could be called disorderly. A hassle to the host? Certainly. Disorderly? Doubtful. Again - the host made an error with the time, and the host wanted the guest to leave early. It would seem that the guest would still have contractual rights to the premises for the full time. [0]: https://travel.uslegal.com/hotel-liability/right-to-evict-persons-admitted-as-guests/ https://travel.uslegal.com/hotel-liability/right-to-evict-pe...
- newhotelowner 8y ago
  Just like other businesses, the hotel owner can refuse a customer to rent a room. One thing is different is there are multiple hotels, so you can go to a different hotel. But there is only one AirBnB. As a hotel owner, I would love to get a system like AirBnB. Only rent rooms to those who give you good reviews and the hotel can write reviews about guest behavior. So that we can refuse service to those who are a pain in the butt.
  - lotsofpulp 8y ago
    I know due to Hampton's service guarantee, they keep a list of people who abuse it and are banned. But hotel owners should be forcing the franchise companies to setup a central database to track repeat scammers. Only reason they haven't yet is that the liability is felt by the owners, and the brands get to keep collecting their revenue regardless.
    - mikec3010 8y ago
      Who determines who is a scammer? Why wouldn't they add someone who left a scathing yelp review to such a list?
      - lotsofpulp 8y ago
        Obviously at some point, someone has to make a judgment call. But the system is probably setup so that a hotel guest that keeps making claims out of the ordinary frequency will be flagged for review or maybe even automatically banned. If someone walks into a room at 10 different hotels and is claiming bed bugs at each one and no one else is experiencing them at those hotels, then I'd be willing to bet they're trying to score free hotel nights. Yelp reviews probably matter for local restaurants and small businesses, but probably not much for national brands which have their own inspections and quality assurance departments. I don't check the yelp review of Enterprise or Residence Inn, but I might for restaurant I've never heard of.
        mikec3010 8y ago
deleted 8y ago
[deleted]

Author learns a lesson as to why we regulated the hospitality industry. Turns out rules are kinda necessary.

Do hotels have a regulation that says they're not allowed to ban customers? Or are you just taking the opportunity to get on your soapbox to complain about AirBnB?

shoguning 8y ago
https://www.law.cornell.edu/uscode/text/42/2000a https://www.law.cornell.edu/uscode/text/42/2000a
- briandear 8y ago
  The linked law doesn’t apply to this situation. The banned person apparently wasn’t banned due to being a member of a protected class.
  - shoguning 8y ago
    Fair point. I think the idea is that there is a due process, and legal recourse if your rights were infringed. The existence of these laws would make public accommodations at least think twice before denying service. AirBnB is apparently avoiding these laws by putting forced arbitration into its terms of service. https://www.forbes.com/sites/jordanlebeau/2016/11/02/racial-discrimination-suit-against-airbnb-should-be-settled-by-private-arbitration-says-federal-judge/#55c7f8a414b7 https://www.forbes.com/sites/jordanlebeau/2016/11/02/racial-...
siegecraft 8y ago
Yes, if you're interested you can look up hospitality law or innkeeper law. Airbnb and others attempt to replicate existing services while sidestepping the regulations in place, which of course makes them cheaper / faster because they don't have to deal with the regulatory burden..
- hitekker 8y ago
  >someone gives a reasonable 2 cents >another person screeches at him or her for having an opinion >new commenter calmly rebuts the miscreant. This is why I like HN.
- daveFNbuck 8y ago
  I tried looking up both of these terms, and I didn't find anything about not being allowed to arbitrarily ban an individual from your hotel.
  - hitekker 8y ago
    IANAL, but besides the protected classes that have been linked below, the United States regulates the hospitality industry on a federal, state, and local level. For the guest, that means a legal recourse, and not a medium blogpost. We can quibble about the word “banning”, but the fact remains that, for hotels, there is a body of laws “against [guest] injury, whether accidental or intentional“. For the tech giant that pretends it’s not even in the same industry, there’s just a patchwork of guidelines.
    - lotsofpulp 8y ago
      I'm interested to know what these federal regulations are for hotels. And state and local ones I'm familiar with only deal with life safety measures and making sure hotels are keeping accurate records of the people staying in the hotel.
    - daveFNbuck 8y ago
      I'm still haven't seen anyone claim that you'd have legal recourse if the Hilton refused to rent you a room, unless it was due to protected class status. Wouldn't a person in that analogous situation be stuck with a blog post too?
  - noxToken 8y ago
    I was curious, so I did some searching regarding hospitality law. These results are generalized phrasing of the law, so you'd have to search further to get into specifics. IRT the OP, it seemed as if they wanted him to leave the premises early. Forcefully removing a guest would (I assume) fall under eviction. This is legal[0] in certain circumstances. From [0]: > Hotels may generally evict a guest and keep the room rental payment, despite the eviction, for the following reasons: > disorderly conduct > ... The host's review attempts to call the guest disorderly. If we assume that the host's review was 100% accurate, I don't think that could be called disorderly. A hassle to the host? Certainly. Disorderly? Doubtful. Again - the host made an error with the time, and the host wanted the guest to leave early. It would seem that the guest would still have contractual rights to the premises for the full time. [0]: https://travel.uslegal.com/hotel-liability/right-to-evict-persons-admitted-as-guests/ https://travel.uslegal.com/hotel-liability/right-to-evict-pe...
newhotelowner 8y ago
Just like other businesses, the hotel owner can refuse a customer to rent a room. One thing is different is there are multiple hotels, so you can go to a different hotel. But there is only one AirBnB. As a hotel owner, I would love to get a system like AirBnB. Only rent rooms to those who give you good reviews and the hotel can write reviews about guest behavior. So that we can refuse service to those who are a pain in the butt.
- lotsofpulp 8y ago
  I know due to Hampton's service guarantee, they keep a list of people who abuse it and are banned. But hotel owners should be forcing the franchise companies to setup a central database to track repeat scammers. Only reason they haven't yet is that the liability is felt by the owners, and the brands get to keep collecting their revenue regardless.
  - mikec3010 8y ago
    Who determines who is a scammer? Why wouldn't they add someone who left a scathing yelp review to such a list?
    - lotsofpulp 8y ago
      Obviously at some point, someone has to make a judgment call. But the system is probably setup so that a hotel guest that keeps making claims out of the ordinary frequency will be flagged for review or maybe even automatically banned. If someone walks into a room at 10 different hotels and is claiming bed bugs at each one and no one else is experiencing them at those hotels, then I'd be willing to bet they're trying to score free hotel nights. Yelp reviews probably matter for local restaurants and small businesses, but probably not much for national brands which have their own inspections and quality assurance departments. I don't check the yelp review of Enterprise or Residence Inn, but I might for restaurant I've never heard of.
      - mikec3010 8y ago

deleted 8y ago

[deleted]