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| Home > Statutes > Usa Oregon |
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USA Statutes : oregon
Title : TITLE 51 LABOR AND EMPLOYMENT
Chapter : Chapter 699 Innkeepers and Hotelkeepers
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As used in ORS 699.005 to 699.060:
(1) “Hotel” or “inn” means a property, however owned and including
a condominium under ORS chapter 100, in which rooms or suites of rooms
generally are rented as transient lodgings and not as principal
residences.
(2) “Hotelkeeper” or “innkeeper” means the sole proprietorship,
partnership, corporation or other business entity which manages, rents or
operates a hotel or inn, including the officers and employees of the
business entity.
(3) “Transient lodging” means a room or suite of rooms which is
occupied not as a principal residence:
(a) By persons for periods of less than 30 consecutive days; or
(b) With which the services normally offered by hotels, including
but not limited to daily or bidaily maid and linen service, a front desk
and a telephone switchboard, are provided, regardless of the length of
occupancy of a person. [1979 c.125 §2; 1979 c.856 §6]No innkeeper or hotelkeeper, whether individual, partnership
or corporation, who constantly has in the inn or hotel a metal safe or
suitable vault in good order, and fit for the custody of money, bank
notes, railroad mileage books or tickets, negotiable or valuable papers
and bullion, jewelry, articles of gold and silver manufacture, precious
stones or ornaments which are owned, used, held or carried by any guest
not as sample merchandise or for sale, and who keeps on the doors of the
sleeping rooms used by guests, locks or bolts, and who keeps a copy of
ORS 164.125 and 699.005 to 699.060 conspicuously posted in the hotel or
inn, as provided in ORS 699.060, is liable for the loss of or injury to
such property suffered by any guest, unless the guest has offered to
deliver the property to the innkeeper or hotelkeeper for custody in such
metal safe or vault, and the innkeeper or hotelkeeper has omitted or
refused to take it and deposit it in such safe or vault for custody and
to give such guest therefor a receipt, claim check or key to a separate
compartment or box in such metal safe or vault. However, the keeper of
any inn or hotel is not obliged to receive from any one guest for deposit
in such safe or vault any property described and enumerated in this
section exceeding a total value of $300, and shall not be liable to such
guest for loss or damage to such property described and enumerated in
this section in excess of the sum of $300, whether received or not;
except that the innkeeper or hotelkeeper may by special arrangement with
a guest receive for deposit in such safe or vault any property, other
than that described and enumerated in this section upon such terms as
they may agree to in writing. Every innkeeper or hotelkeeper is liable
for the loss of any property of a guest in the inn or hotel, whether or
not the property has been accepted for safekeeping as provided in this
section, if the loss is due to the theft or negligence of the innkeeper,
hotelkeeper or any of the servants of the innkeeper or hotelkeeper.
[Amended by 1971 c.743 §411] It is the duty
of every guest and of every one intending to be a guest of any hotel in
this state, upon delivering to the proprietor of such hotel or to
servants of the proprietor, any baggage or other articles of property of
such guest for safekeeping (elsewhere than to the room assigned to such
guest), to demand and of such hotel proprietor to give, a claim check or
receipt therefor in such case, to evidence the fact of such delivery. No
hotel proprietor shall be liable for the loss of or injury to such
baggage or other article of property of such guests, unless the property
was actually delivered by the guest to the hotel proprietor or to
servants of the proprietor for safekeeping, or unless the loss or injury
occurred through the negligence of the hotel proprietor or by servants or
employees in the hotel. However, the innkeeper or hotelkeeper may by
special arrangement with a guest receive any baggage or other articles of
property of such guest for safekeeping upon such terms as they may agree
to in writing. (1) The liability of the
keeper of any inn or hotel, whether individual, partnership, or
corporation, for loss or injury to personal property placed by guests
under the care of the keeper, other than that described in ORS 699.010
and 699.020, shall be that of a depository for hire. However, in no case
shall such liability exceed $150 for each trunk and its contents, $50 for
each valise and its contents and $10 for each box, bundle or package and
contents so placed under the care of the keeper, and $50 for all other
miscellaneous effects, including wearing apparel and personal belongings,
unless the keeper has consented in writing with the guest to assume a
greater liability.
(2) If any person suffers baggage or property to remain in any inn
or hotel after leaving it as a guest, and after the relation of innkeeper
and guest between the guest and proprietor of the inn or hotel has
ceased, or forwards baggage or property to the inn or hotel before
becoming a guest thereof and the baggage or property received into the
inn or hotel, the innkeeper or hotelkeeper, if the keeper holds such
baggage or property, shall hold it solely at the risk of such person.
In all cases other than provided in ORS 699.005 to 699.060, where
liability is imposed by law upon a hotelkeeper or innkeeper for loss of
or damage to the personal property of a guest of such hotelkeeper or
innkeeper, the liability of such hotelkeeper or innkeeper for the loss or
damage to the personal property of such guest shall be limited to $50,
except when the loss or damage is due to the theft or gross negligence of
the innkeeper or hotelkeeper or any of the servants of either. (1)
If any person leaves any baggage or property in any inn or hotel for a
period of 60 days after the relation of hotelkeeper or innkeeper and
guest or boarder between such guest or boarder and the proprietor of such
inn or hotel has ceased, the hotelkeeper or innkeeper may proceed to sell
the baggage or other property of such guest or boarder at private sale,
10 days after posting notice of the time and place of the sale in three
public places in the city where the hotel or inn is located, provided a
copy of such notice is mailed in an envelope, addressed to the guest or
boarder at the place of residence registered by the guest or boarder in
the register of the inn or hotel. The proceeds of the sale shall be
applied first to the payment of the hotelkeeper’s or innkeeper’s claims
for storage on such baggage or property and of the cost of selling the
same. Any residue remaining shall, on demand within six months, be paid
to the guest or boarder and if not so demanded within six months from the
date of the sale, the residue shall be deposited by the innkeeper or
hotelkeeper with the treasurer of the county in which the inn or hotel is
situated, together with a statement of the innkeeper’s claims for storage
and the cost of enforcing the same, a copy of the notice and of the
amounts received for the goods sold at the sale. The county treasurer
shall credit the residue to the general revenue fund of the county,
subject to the right of the guest or boarder, or a representative of the
guest or boarder, to reclaim it.
(2) The notice provided for in subsection (1) of this section shall
be substantially in the following form:
___________________________________________________________________________
___I, (name of the owner, manager or other proper person) hereby state
that more than _____ days have elapsed since (name of the owner or other
person who left the property in the hotel or inn) left certain baggage,
clothing and other property in (name of hotel or inn) and that the
relation of hotelkeeper or innkeeper and guest or boarder between such
person and the undersigned has ceased as of said aforementioned time;
that there is now due or owing the undersigned on account of its storing
said baggage, clothing and property the sum of $_____. Notice hereby is
given that the undersigned will proceed to sell the clothing, baggage and
other property (no other description is necessary) of the above-named
person at private sale at (name of the hotel or inn or other place where
the sale shall take place) on the _____ day of _____, 2___.
Dated this _____ day of_____, 2___.Signed ____________(Owner, manager or other proper person.)
___________________________________________________________________________
___[Amended by 1957 c.670 §32] When a guest has become a trespasser
under ORS 164.243 and if that guest refuses to depart from a transient
lodging in sufficient time for the hotelkeeper to honor a confirmed
reservation, the hotelkeeper may have the guest and chattels of the guest
removed by a police officer without incurring any liability to the guest
for removal and, if appropriate, may retain possession of the chattels
pursuant to ORS 87.156. [1979 c.856 §4] Every hotelkeeper and innkeeper within this
state shall keep a copy of ORS 87.156, 164.125, 164.245 and 699.005 to
699.060 printed in not less than eight-point type, posted in not less
than 10 conspicuous places in hotels or inns having 250 or more guest
rooms and posted in not less than five conspicuous places in hotels or
inns having less than 250 guest rooms. [Amended by 1971 c.743 §412; 1979
c.856 §5]
_______________
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