Queensland
Traveller Accommodation Providers (Liability) Act 2001
SCHEDULE 1 NOTICE Section 15
NOTICE ABOUT LOSS OF GUEST’S PROPERTY
Traveller Accommodation Providers (Liability) Act 2001
The Traveller Accommodation Providers (Liability) Act 2001 changes the common law about innkeeper’s liability.
Under the Act, an accommodation provider may be liable to make good any loss of a guest’s property in certain circumstances even though the loss is not caused by the fault of the accommodation provider, or the provider’s agent.
The strict liability of the accommodation provider under the Act –
- Applies only to a guest of the accommodation provider on a day when an accommodation unit is provided for the use of the guest
- Is limited to $250 for each accommodation unit provided for the use of the guest on the day, unless the guest’s property was placed in safe custody facilities
- Does not cover motor vehicles and things owned by the guest left in or on motor vehicles
Note: Words appearing in italics and bold have a special meaning under the Traveller Accommodation Providers (Liability) Act 2001.
New South Wales
Fair Trading Act 1987 (NSW).
Schedule 7, Part 2
NOTICE ABOUT LOSS OF GUEST’S PROPERTY
Fair Trading Act 1987 (NSW).
Subject to this Part, the keeper of an inn shall be under the like liability to make good damage to property brought to the inn by or on behalf of a traveller using its facilities as is imposed on him or her by law with respect to the loss thereof.
Under the Act, an accommodation provider may be liable to make good any loss of a guest’s property in certain circumstances even though the loss is not caused by the fault of the accommodation provider, or the provider’s agent.
The strict liability of the accommodation provider under the Act –
Applies only to a guest of the accommodation provider on a day when an accommodation unit is provided for the use of the guest
The amount payable in respect of the liability of the keeper of an inn to any one traveller who is a guest at the inn with respect to property that, while at the inn, is lost, whether by theft or otherwise, or damaged shall not exceed $300 or a higher amount prescribed by the regulations.
Does not cover motor vehicles and things owned by the guest left in or on motor vehicles.
Victoria
Australian Consumer Law and Fair Trading Act 2012
Part 5.2
NOTICE ABOUT LOSS OF GUEST’S PROPERTY
The liability of the accommodation provider under the Act;
applies only to a guest of the accommodation provider;
applies only for the period for which the guest is provided accommodation;
is limited to $300.00 for each room provided for the use of the guest on the day, unless the guest’s property was placed in a safekeeping service;
is limited to $3000.00 for each room in respect of a guest’s property that was placed in a safekeeping service (excluding a safe in a room); and
does not cover motor vehicles and property owned by the guest left in or on a motor vehicle.
Note: Words appearing in italics and bold have a special meaning under the Australian Consumer Law and Fair Trading Act 2012.
Northern Territory
Hotel-keepers Act
Section 6(2)
NOTICE
LOSS OF OR DAMAGE TO GUEST'S PROPERTY
Under the Hotel-keepers Act, an hotel-keeper of an hotel 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 hotel-keeper or any servant in his employ.
This liability, however:
(a) extends only to the property of guests who have engaged a room for sleeping;
(b) is limited to $200.00 to any one guest except in the case of property which has been deposited, or offered for deposit, for safekeeping; and
(c) does not cover motor vehicles or other vehicles of any kind, a horse and carriage, or property used in connection with a vehicle.
New Zealand
Innkeepers Act 1962
Subject to the provisions of this Act, every innkeeper shall be liable as an innkeeper for the loss of or damage to property brought to the inn by any guest, whether or not the loss or damage was caused by the default or negligence of another guest or of the innkeeper or his servant or agent.
The provisions of this Act shall not limit or affect any other liability incurred by an innkeeper in respect of any property brought to the inn.
The strict liability of the accommodation provider under the Act –
Applies where an innkeeper is liable as an innkeeper for the loss of or damage to any property brought to the inn, his liability to any one guest shall not exceed $300 in respect of any one article, or $1,200 in the aggregate, unless the guest proves that—
(a)the property was stolen, lost, or damaged through the default, neglect, or wilful act of the innkeeper or his servant; or
(b)the property was deposited by or on behalf of the guest expressly for safe custody with the innkeeper or with a servant of his authorised or appearing to be authorised for the purpose, and was, if so required by the innkeeper or that servant, in a container fastened or sealed by the depositor; or
(c) at a time after the guest had arrived at the inn, either the property was offered for deposit as aforesaid and the innkeeper or his servant refused to receive it, or the guest or another guest acting on his behalf wished so to offer the property but, through the default of the innkeeper or his servant, was unable to do so.
Note: Words appearing in italics and bold have a special meaning under the Innkeepers Act 1962.