Posts Tagged ‘law of contract’

Resist and endure

October 22, 2017




So here I am trying to extract some benefit from my challenging experiences at the Blue Keys Hotel, Southampton.

The first question is about being required to produce a passport or driving licence to check into a hotel in the UK as a British citizen.  This is very unusual (I have come across it twice on 40 years or so of travelling as an adult) and there is no statutory basis for it.

The Immigration (Hotel Records) Order 1972 states:

4.—(1) Every person of or over the age of 16 years who stays at any premises to which this Order applies shall, on arriving at the premises, inform the keeper of the premises of his full name and nationality.

(2) Every such person who is an alien shall also—

(a)on arriving at the premises, inform the keeper of the premises of the number and place of issue of his passport, certificate of registration or other document establishing his identity and nationality; and
(b)on or before his departure from the premises, inform the keeper of the premises of his next destination and, if it is known to him, his full address there.

That sounds stupid but at least does not include British (or Irish) citizens.

The next question is about the law of contract.  The hotel’s advertisement on their website or TripAdvisor constitutes a proposal which the prospective guest accepts by booking.  Neither side can then change the contract unilaterally–I am far from certain that the hotel can do it by a confirmation email.  It would certainly at the very least have to offer free cancellation.

If the hotel insists on ID in their original advertisement, that’s fine from a legal standpoint.  But they know their clientele better than you do, and if they are so suspicious then maybe you had better stay somewhere else.  If they introduce additional requirements not in the contract and refuse to provide the contracted service on that basis, then you can sue them for breach of contract.  In that case, they will be obliged to pay an amount sufficient to put you in the same situation that you would have been in had they provided the service, so that would include the cost of phone calls, taxi to another hotel, room in that hotel…

On the level of common sense, I think the best way of dealing with such situations is to put the onus onto the other side:

–Why are you asking me that question?

–That is a very unusual request.  Can you explain it please?

–I do not remember that requirement in the confirmation email.  Can you show me a copy please?

–Can you show me that requirement in your advertisement, please?

Failing that, just say No.  Never surrender!

Disclaimer:  The materials appearing in this posting do not constitute legal advice and are provided for general information purposes only. No warranty, whether expressed or implied is given in relation to such materials.