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Chris The Lawyer
Chris The Lawyer, Lawyer
Category: New Zealand Law
Satisfied Customers: 22770
Experience:  38 years qualified as a lawyer; LLB, MMgt and FAMINZ.
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I am a Motlier, if a guest contraveens the rules and is

Customer Question

I am a Motlier , if a guest contraveens the rules and is requested to leave the motel ,is he entitled to a refund
JA: What state is this in? And just to clarify, when was the purchase made?
Customer: New Zealand , guest arrived two days ago
JA: Has anything been filed or reported?
Customer: verbal warnings given
JA: Anything else you want the lawyer to know before I connect you?
Customer: had police present at last warning
Submitted: 5 months ago.
Category: New Zealand Law
Expert:  Chris The Lawyer replied 5 months ago.

A guest at a motel is there because of a contract between the motel owner and the guest. In this contract you can set conditions for the guest, and this includes behaviour conditions. If he does not observe the conditions he is breaking the contract and you are entitled to cancel the contract and ask him to leave. Any breach of contract also entitles you to claim damages, and the damages which apply to this are the reasonable costs of getting rid of him. You can also have a specific term in your contract that expulsion for bad behaviour means he cannot get a refund. So you can refuse a refund and state that the costs of getting rid of him, and the downtime while you prepare the room for the next guest equal the amount of refund in any event

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