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Liquor and Accommodation Act 1990 (No. 44 of 1990)
Requested:  19 Dec 2014
Consolidated as at:  Sessional

158A. Liability of accommodation provider for lost, destroyed or damaged property

      (1) In this section, unless the contrary intention appears –

accommodation provider means a person who –

(a) is the holder of an accommodation licence; or

(b) is the holder of an accommodation permit; or

(c) provides tourist accommodation under the authority of a general accommodation exemption;

employee means a person employed at tourist accommodation premises;
guest means a person –

(a) who is temporarily absent from his or her usual residence; and

(b) who has engaged sleeping accommodation, or on whose behalf sleeping accommodation has been engaged, at tourist accommodation premises;

tourist accommodation premises means the premises specified in an accommodation licence or an accommodation permit or in which tourist accommodation is provided under the authority of a general accommodation exemption.

      (2) An accommodation provider is not liable to make compensation in relation to the loss, destruction or damage of or to property brought to tourist accommodation premises by or on behalf of a guest except as provided in subsection (3).

      (3) An accommodation provider is liable to make compensation in relation to the loss, destruction or damage of or to property brought to tourist accommodation premises by or on behalf of a guest if –

(a) the loss, destruction or damage is attributable to some negligence or deliberate or reckless act or default of the accommodation provider or an employee; or

(b) the property –

(i) had been deposited expressly for safe custody with the accommodation provider or an employee authorized or apparently authorized to accept guests' property for safe custody; and

(ii) where the accommodation provider or that employee so required, had been placed in a container and fastened or sealed by the person depositing the property for safe custody; and

(iii) was lost, destroyed or damaged while so deposited; or

(c) a notice, in a form approved by the Commissioner, that relates to the liability of an accommodation provider to pay compensation under this section is not conspicuously displayed in, at or near the reception office, reception desk or principal entrance of the accommodation premises.