Tourism (Liability of Proprietors of Registered Premises) (Jersey) Law 1964

Revised Edition

05.875

Showing the law as at 31 August 2004

This is a revised edition of the law

Tourism (Liability of Proprietors of Registered Premises) (Jersey) Law 1964

Arrangement

Article

1            Interpretation

2            Proprietors liable for loss or damage

3            Limitation on liability

4            Citation

SCHEDULE

LOSS OF OR DAMAGE TO GUESTS’ PROPERTY

Supporting Documents

Endnotes

Table of Legislation History

Table of Endnote References



Tourism (Liability of Proprietors of Registered Premises) (Jersey) Law 1964

A LAW to make provision regarding the liability of proprietors of certain premises concerning the property of their guests

Commencement [see endnotes]

1      Interpretation

In this Law, “premises” means any premises registered under the Tourism (Jersey) Law 1948.[1]

2      Proprietors liable for loss or damage

Subject to the provisions of this Law, the proprietor of any premises shall be liable to make good to a person any loss or damage to property brought to the premises by that person in any case where and only where –

(a)     at the time of the loss or damage sleeping accommodation at the premises had been engaged for that person; and

(b)     the loss or damage occurred during the period commencing with the midnight immediately preceding, and ending with the midnight immediately following, a period for which that person was a guest on the premises and was entitled to use the accommodation so engaged.

3      Limitation on liability

(1)    Subject to the provisions of this Law, the liability of a proprietor to any one guest shall not exceed £50 in respect of any one article, or £100 in the aggregate, except where –

(a)     the property was stolen, lost or damaged through the default, neglect or wilful act of the proprietor or some servant of the proprietor;

(b)     the property was deposited by or on behalf of the guest expressly for safe custody with the proprietor or some servant of the proprietor’s authorized, or appearing to be authorized, for the purpose and, if so required by the proprietor or that servant, in a container fastened or sealed by the depositor; or

(c)     at a time after the guest has arrived at the premises either the property in question was offered for deposit as aforesaid and the proprietor or the proprietor’s servant refused to receive it, or the guest or some other person acting on the guest’s behalf wished so to offer the property in question but through the default of the proprietor or a servant of the proprietor’s, was unable to do so:

Provided that the proprietor or the proprietor’s servant may refuse to receive for safe custody as aforesaid any property which is dangerous or is likely to be a source of danger or, having regard to the type of premises, is of excessive value or cumbersome.

(2)    A proprietor shall not be liable to make good to a guest of the proprietor’s any loss or damage to any vehicle or any property left therein or any live animal or its harness or other equipment.

(3)    A proprietor shall not be liable to make good to a guest of the proprietor’s any loss or damage insofar as such loss or damage is due or attributable to –

(a)     the guest or any person accompanying, visiting or employed by, the guest;

(b)     an act of God;

(c)     an act of war;

(d)     the nature of the article.

(4)    Except in a case to which paragraph (1)(a) applies, a guest shall cease to be entitled to the benefit of the provisions of this Law in any case where, after discovering the loss or damage, the guest does not as soon as may be inform the proprietor.

(5)    A proprietor shall not be entitled to the protection of this Law unless, at the time when the property in question was brought to the premises, a copy of the notice set out in the Schedule, printed in plain type, was conspicuously displayed in a place where it could conveniently be read by the proprietor’s guests at or near the reception office or desk or, where there is no reception office or desk, at or near the main entrance to the premises.

4      Citation

This Law may be cited as the Tourism (Liability of Proprietors of Registered Premises) (Jersey) Law 1964.

SCHEDULE

(Article 3)

NOTICE

LOSS OF OR DAMAGE TO GUESTS’ PROPERTY

Under the Tourism (Liability of Proprietors of Registered Premises) (Jersey) Law 1964, the proprietor of these premises may in certain circumstances be liable to make good any loss of or damage to a guest’s property even though it was not due to any fault of the proprietor or the proprietor’s staff.

This liability however –

(a)     extends only to the property of guests for whom sleeping accommodation has been engaged;

(b)     is limited to £50 for any one article and a total of £100 in the case of any one guest, except in the case of property which has been deposited, or offered for deposit, for safe custody;

(c)     does not cover motor-cars or other vehicles of any kind or any property left in them, or any live animal, its harness or other equipment.

This notice does not constitute an admission either that the Law applies to these premises or that liability thereunder attaches to the proprietor in any particular case.

Endnotes

Table of Legislation History



Legislation



Year and No



Commencement



Tourism (Liability of Proprietors of Registered Premises) (Jersey) Law 1964



L.14/1964



1 September 1964



Table of Endnote References



[1]



chapter 05.850