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New POD

2,119 posts

20 months

[news] 
Thursday 17th May 2012 quote quote all
It's a me said:
Belfry T&c's

Food & Drink
Only food and drink purchased from the hotel may be consumed on the premises. If food or beverages are brought into the hotel for consumption, a charge will be made equal to the hotel’s selling price for that or an equivalent product, which shall be in the absolute determination of the hotel. The Duty Manager may also confiscate food or beverage until your day of departure and return it to you.
That is not a HOTEL. In a hotel your room is your room, to do what you want in it.

They might have T&C's but they aren't legal.

Breadvan72

10,468 posts

33 months

[news] 
Thursday 17th May 2012 quote quote all
Nonsense; their gaff, their rules. A hotel room is taken on a licence to occupy, not a lease. The hotelier can stipulate, for example, that you should not smoke in the room, or have a pet in the room, or have booze brought in from outside in your room. Even in a lease, the landlord can stipulate by contract that certain activities should not take place in the demised premises. If you have some identifiable legal basis for suggesting otherwise, kindly share it with us.

The OP's better point might be that the term relied on was onerous or unusual and so should have been pointed out when the room booking was made (Interfoto v Stilletto). Did the OP get the booze back on leaving? Apols, but I can't be ersed to read the whole thread to find out.

OldJohnnyYen

952 posts

19 months

[news] 
Friday 18th May 2012 quote quote all
Breadvan72 said:
Nonsense; their gaff, their rules. A hotel room is taken on a licence to occupy, not a lease. The hotelier can stipulate, for example, that you should not smoke in the room, or have a pet in the room, or have booze brought in from outside in your room. Even in a lease, the landlord can stipulate by contract that certain activities should not take place in the demised premises. If you have some identifiable legal basis for suggesting otherwise, kindly share it with us.

The OP's better point might be that the term relied on was onerous or unusual and so should have been pointed out when the room booking was made (Interfoto v Stilletto). Did the OP get the booze back on leaving? Apols, but I can't be ersed to read the whole thread to find out.
Is it not a civil matter rather than a legal one? Making it a bit pointless.

I did read you are a lawyer in another thread though, so your prolly right biggrin

Breadvan72

10,468 posts

33 months

[news] 
Friday 18th May 2012 quote quote all
I am a lawyer. A "civil matter" is a matter concerning the civil law, so of course it is a legal matter. Do you suppose that there are no laws which regulate how people conduct themselves outside the criminal sphere? Have you never bought a car, or insured one, or had a job? All civil matters, all involving the civil law.

In the present case, the subject is also a trivial matter, and unlikely to be worth making a fuss about, in real life.

Edited by Breadvan72 on Friday 18th May 06:45

OldJohnnyYen

952 posts

19 months

[news] 
Friday 18th May 2012 quote quote all
Civil law is only enforceable after the fact isn't it?
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Breadvan72

10,468 posts

33 months

[news] 
Friday 18th May 2012 quote quote all
No, a law is enforceable all of the time, if appropriate circumstances are present. For example, if you intended unlawfully to knock down my house tomorrow, and I had evidence of your intention, I could obtain an injunction to stop you from doing so. If you have a contract with someone, it is enforceable from its inception. A remedy for breach of the contract may follow after facts giving rise to a breach, or in some circumstances might arise from a threatened breach.

Civil law is that which regulates relationships between citizens and other citizens and organisations.

Edited by Breadvan72 on Friday 18th May 06:52

OldJohnnyYen

952 posts

19 months

[news] 
Friday 18th May 2012 quote quote all
Thanks, learn something new everyday! I thought these T&C's were nothing more than a threat!

Breadvan72

10,468 posts

33 months

[news] 
Friday 18th May 2012 quote quote all
They are the terms of a contract. Whether or not those terms would be enforceable is another matter. There is a common law principle that onerous or unusual terms in a contract should be pointed out.

mig25_foxbat2003

1,544 posts

81 months

[news] 
Friday 18th May 2012 quote quote all
The staff can make or break a hotel. One of the few things that makes staying in Stevenage 3 nights per week bearable is the quality of the staff at the Holiday Inn. Matey *and* professional, which is a hard balance to strike. They did once give my colleague a bking for drinking his own wine bought from the supermarket, but as he was in the bar at the time, it's kind of fair enough. He was a tt anyway.

Can't see how marching into guests' rooms and confiscating their property can be a profitable policy, long-term. Word gets around.

GregE240

10,757 posts

137 months

[news] 
Friday 18th May 2012 quote quote all
billybob69 said:
GregE240 said:
thanks to an dirty accident at 3am........
efa
Ha! Actually a 6ft 3 colleague in our party walked in to a smoke detector in a corridor while heading to his room, breaking it off the ceiling. An accident, he didn't deliberately break it off. So the alarm went off, we all traipsed outside, only to be shouted at by their duty manager in the freezing cold what a bunch of vandals we were, and how he'd called the police and show them the cctv of this wanton damage.

It took about 2 hours to check out that morning because everyone was having a pop at the staff.

Smiler.

5,415 posts

100 months

[news] 
Friday 18th May 2012 quote quote all
GregE240 said:
billybob69 said:
GregE240 said:
thanks to an dirty accident at 3am........
efa
Ha! Actually a 6ft 3 colleague in our party walked in to a smoke detector in a corridor while heading to his room, breaking it off the ceiling. An accident, he didn't deliberately break it off. So the alarm went off, we all traipsed outside, only to be shouted at by their duty manager in the freezing cold what a bunch of vandals we were, and how he'd called the police and show them the cctv of this wanton damage.

It took about 2 hours to check out that morning because everyone was having a pop at the staff.
I would not have been able to stand up in that corridor. Did he cut his head?

rob.kellock

1,352 posts

62 months

[news] 
Friday 18th May 2012 quote quote all
Smiler. said:
Did he cut his head?
Where there's blame, there's a claim laugh
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