How JustAnswer Works:

  • Ask an Expert
    Experts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional Answer
    Via email, text message, or notification as you wait on our site.
    Ask follow up questions if you need to.
  • 100% Satisfaction Guarantee
    Rate the answer you receive.

Ask Jo C. Your Own Question

Jo C.
Jo C., Barrister
Category: UK Property Law
Satisfied Customers: 65361
Experience:  Over 5 years in practice.
12826847
Type Your UK Property Law Question Here...
Jo C. is online now
A new question is answered every 9 seconds

Right to refuse service in an Accommodation (UK)

Resolved Question:

Right to refuse service in an Accommodation (UK)
Submitted: 1 year ago.
Category: UK Property Law
Expert:  Jo C. replied 1 year ago.
Hi

Thank you for your question and welcome to Just Answer. My name is XXXXX XXXXX I will try to help with this.

What loss is the guest claiming he has suffered?
Customer: replied 1 year ago.

Hi I'm not sure if my response was received. The guest is claiming I was legally obliged to provide accommodation to her regardless of their behavior. It is my understand that as accommodation owners we have the right to refuse service to anyone at anytime and without explanation. Kindly let me know should you require any further information.

Customer: replied 1 year ago.
Relist: Other.
Hi my question is about the right to refuse service as an accommodation owner in the UK
Expert:  Jo C. replied 1 year ago.
Thanks.

What I need to know is what is his loss?
Customer: replied 1 year ago.

Guest is claiming loss of Accommodation. They were refunded the money for the second night they originally had booked.

Expert:  Jo C. replied 1 year ago.
Thank you.

There's nothing to worry about here.

Arguably you are in breach of contract. Unless you actually made it a term of the contract that all guests return sober, or there is some other term in the contract that would cover drunkenness or his behaviour, refusing him access was a breach of contract.

However, breach of contracts only give rise to compensation for the actual loss sustained. You refunded him the money that amounted to consideration of the contract and he hasn't mentioned any other loss.

What ever he is saying on the point, unless he has suffered actual loss, there is no claim against you.

Can I clarify anything for you?

Jo
Customer: replied 1 year ago.

Thank you for response. To clarify my question, it is my understanding that restaurants, shops etc. have the right to refuse service to any one at any time and without an explanation. As a general rule does this law apply to accommodation providers? I understand there was no loss to the guest in this situation, however, I wanted to clarify that it is not illegal to ask unruly guests to leave our premises. Many thanks

Expert:  Jo C. replied 1 year ago.
They can do that but that isn't what you did here.

You were locked into a contract because he had paid already. Refusing him access was a breach.

With restaurants no contract exists until a purchase it made.
Customer: replied 1 year ago.

I understand there is a contract made to provide accommodation. But surely unruly behavior changes the situation. Do I need to post a list of every type of unruly behavior in the terms and conditions. It seems unreasonable to have to accept to receive abuse from guests. Again, thanks for your response.

Expert:  Jo C. replied 1 year ago.
No, but you do need a clause in the contract upon which you can rely.

You cannot just argue he was unacceptably behaved unless there was provision for that in the contract.

Also, in fact, then the complaint would not be drunkenness but unruly behaviour.
Customer: replied 1 year ago.

Thanks for your response. What I am failing to see if the difference between right to refuse service in a restaurant/shop and in an accommodation.


i.e. customer enters a restaurant, places a food order and then is verbally abusive to the staff and refused service/asked to leave. In this case a verbal 'contract' was made to provide the food to the guest for the agreed price that would be paid at the end of the meal.


 


In the case of accommodation, an 'order' is placed for a room at an agreed rate and paid for when the guest checks out. But in this case if the guest is verbally abusive and asked to leave then there is a breach of contract?


 


Should I list a unruly guest clause in the terms and conditions attached to booking confirmations or have the guest sign a contract when they arrive?


 


Again, I am having a difficult time understanding why anyone, in any job should legally be obliged to serve a intoxicated, rude and insulting customer?


 


 

Expert:  Jo C. replied 1 year ago.

You were locked into a contract because he had paid already. Refusing him access was a breach.

With restaurants no contract exists until a purchase it made.

The difference is that here a contract existed whereas in a restaurant it does not and nobody can be forced to enter into a contract.

You can refuse accommodation. What you cannot do is agree to accommodate him, reach a binding contract and then refuse to comply unless, of course, there is a clause in your contract allowing you to do so.

Customer: replied 1 year ago.

So would it be sufficient to post a 'behavior clause' on my website and attach this in the terms and conditions on our email booking confirmations or do I need each guest to physically sign a contract?

Expert:  Jo C. replied 1 year ago.
Yes, you can resolve this problem by adding a clause that says that you can exclude as a result of unruly behaviour.

But it doesn't much matter anyway because if you refund their money there is no loss.
Customer: replied 1 year ago.

With 95% of our guests, they pay when they check out. So in the event of an unruly abusive guest in the future, if I need to ask them to leave, then again, there would be no loss if I did not require them to pay for the portion of their stay they did not use? Again I am simply trying to understand if I could be liable for anything for asking a guest to leave if they are abusive.

Expert:  Jo C. replied 1 year ago.
Yes, absolutely right.

I suppose they could try claiming the difference between the cost of your B & B and the one they have to stay in as a loss but its not a brilliant claim. You can deal with that by a conduct clause anyway.

Asking people who are abusive to leave is reasonable but you need to add a clause in your contracts that allows for it. The website and any electronic contracts is fine.
Jo C., Barrister
Category: UK Property Law
Satisfied Customers: 65361
Experience: Over 5 years in practice.
Jo C. and 2 other UK Property Law Specialists are ready to help you

JustAnswer in the News:

 
 
 
Ask-a-doc Web sites: If you've got a quick question, you can try to get an answer from sites that say they have various specialists on hand to give quick answers... Justanswer.com.
JustAnswer.com...has seen a spike since October in legal questions from readers about layoffs, unemployment and severance.
Web sites like justanswer.com/legal
...leave nothing to chance.
Traffic on JustAnswer rose 14 percent...and had nearly 400,000 page views in 30 days...inquiries related to stress, high blood pressure, drinking and heart pain jumped 33 percent.
Tory Johnson, GMA Workplace Contributor, discusses work-from-home jobs, such as JustAnswer in which verified Experts answer people’s questions.
I will tell you that...the things you have to go through to be an Expert are quite rigorous.
 
 
 

What Customers are Saying:

 
 
 
  • A quick response, a succinct and helpful answer in simple English. I believe I can now confront the counter party with confidence -- worth the 30 bucks! Rick Leeds, UK
< Last | Next >
  • A quick response, a succinct and helpful answer in simple English. I believe I can now confront the counter party with confidence -- worth the 30 bucks! Rick Leeds, UK
  • I did not know a French Law service existed and I was very impressed with the speed of reply --- very professional. Many thanks! Ms. Baker Alfafar, Spain
  • Thank you so much for your help. Your answers were really useful and came back so quickly. Great! Maggie USA
  • Wonderful service, prompt, efficient, and accurate. Couldn't have asked for more. I cannot thank you enough for your help. Mary C. Freshfield, Liverpool, UK
  • This expert is wonderful. They truly know what they are talking about, and they actually care about you. They really helped put my nerves at ease. Thank you so much!!!! Alex Los Angeles, CA
  • Thank you for all your help. It is nice to know that this service is here for people like myself, who need answers fast and are not sure who to consult. GP Hesperia, CA
  • I couldn't be more satisfied! This is the site I will always come to when I need a second opinion. Justin Kernersville, NC
 
 
 

Meet The Experts:

 
 
 
  • Joshua

    Lawyer

    Satisfied Customers:

    4433
    LL.B (Hons), Higher Prof. Dip. Law & Practice
< Last | Next >
  • http://ww2.justanswer.com/uploads/JO/Josh2010/2012-4-29_19490_GettyImages80121770B.64x64.jpg Joshua's Avatar

    Joshua

    Lawyer

    Satisfied Customers:

    4433
    LL.B (Hons), Higher Prof. Dip. Law & Practice
  • http://ww2.justanswer.com/uploads/TO/touchwoodsden/JA.64x64.jpg Law Denning's Avatar

    Law Denning

    Solicitor

    Satisfied Customers:

    2289
    PGD Law. 20 years legal profession, 6 as partner in High Street practice
  • http://ww2.justanswer.com/uploads/RE/Remus2004/2012-4-22_93111_2bigstockPortraitOfConfidentFemaleL6943985.64x64.jpg Jo C.'s Avatar

    Jo C.

    Barrister

    Satisfied Customers:

    2244
    Over 5 years in practice.
  • http://ww2.justanswer.com/uploads/TG/TGraham12/2012-7-17_81212_bigstockBusinessHandshake508163.64x64.jpg Thomas's Avatar

    Thomas

    Lawyer

    Satisfied Customers:

    1198
    BA (Hons), PgDip, Practising Solicitor
  • http://ww2.justanswer.com/uploads/CH/chathamchamber/2011-4-24_191833_1.64x64.jpg INC's Avatar

    INC

    Solicitor-Advocate

    Satisfied Customers:

    809
    LL.B, Pg.Dip, LL.M, M.B.A (Pending), Solicitor-Advocate. UK Practising Certificate issued by SRA., DIFC Courts Registered (Dubai)
  • http://ww2.justanswer.com/uploads/AJ/ajlaj01/2012-5-9_14051_Profile1.64x64.jpg Alex J.'s Avatar

    Alex J.

    Law

    Satisfied Customers:

    400
    LPC, 2 Years Conveyancing
  • http://ww2.justanswer.com/uploads/BU/Buachaill/2012-5-25_211156_barrister5.64x64.jpg Buachaill's Avatar

    Buachaill

    Barrister

    Satisfied Customers:

    212
    Barrister 17 years experience
 
 
 
Chat Now With A Solicitor
Jo C.
Jo C.
Barrister
2344 Satisfied Customers
Over 5 years in practice.