Traveller Accommodation Providers (Liability) Act 2001 - Queensland

Service summary

The Traveller Accommodation Providers (Liability) Act 2001 (the Act) changes the common law about innkeeper's liability.  At common law, operators of establishments that provide accommodation for travelling purposes are made strictly liable for the property of guests under the innkeeper's doctrine.  This Act mitigates the harshness of the common law doctrine, through limiting strict liability to $250 per room or $50,000 if safe custody facilities are made available.

In order to receive protection, accommodation providers must display a notice (schedule 1 of the Act) in the reception area or main entrance.  Additionally, the notice must be displayed in the accommodation unit or drawn to the guest's attention in some other way, for example, a compendium in the room.  With the latter, the Act requires that the accommodation provider draw the guest's attention to the information at the time of check-in.

Service type

Regulatory Obligation

An obligation defined in law. A business must comply with relevant services.

Definition of terms

Accommodation provider

The person who operates a business that includes providing traveller accommodation.   It is intended that the person who has day to day control of the business be the accommodation provider.  This may not always be the owner of the premises as it is common practice to engage others to operate the business upon the premises.

Guest

A guest is a person to whom and for whom traveller accommodation is provided by an accommodation provider.  A person is a guest only on a day on which the person is provided with the use of an accommodation unit at the traveller accommodation.

A guest does not include a person who usually lives at the traveller accommodation or who is at the traveller accommodation merely to obtain a meal or drink or to visit someone else.

Innkeeper's liability

The innkeeper's doctrine comprises a set of rules that govern the rights and obigations of innkeepers.  These special rights and duties apply between innkeepers and their guests and include:

  • duty to receive and entertain guests
  • duty to take reasonable care for guests' safety
  • duty to safeguard a guest's property.

At common law, operators of establishments that provide accommodation for travelling purposes are made strictly liable for the property of guests under the innkeeper's doctrine.  The Act reforms these laws by giving accommodation providers protection from strict liability for the loss of the guest's property.  Loss is defined as damage to, or destruction of, the property.

The liability for the loss is limited to $250 for each accommodation unit provided for the use of the guest on the day of the loss, or $50,000 if safe custody facilities are provided.

Detailed examples are set out in section 12 of the Act.

Property of a guest

Property of a guest is the property brought to the traveller accommodation or its precinct by or for a guest.  This recognises that on occasion guest's property is brought to the accommodation by a third party, for example, a tour organiser.  Property does not include a motor vehicle or property left in or on a motor vehicle.

Traveller accommodation

Traveller accomodation is defined as accommodation provided for use by members of the travelling public as part of a commercial transaction.  Examples of the type of accommodation the Act applies to include:

a) backpacker
b) bed and breakfast
c) hotel
d) motel
e) resort
f) serviced apartment.
 

Additional information

DTESB is not responsible for the enforcement of any claim made under the Act. This is a matter between the guest and the accommodation provider and should be pursued through normal civil remedy processes.

Administering agency

Department of Tourism, Major Events, Small Business and the Commonwealth Games
Tourism
Policy and Planning

Contact details

Director
Department of Tourism, Major Events, Small Business and the Commonwealth Games
Tourism
Policy and Planning


Operating address:
Level 8
63 George Street
Brisbane City, Queensland 4000
Mailing address:
PO BOX 15168
City East, Queensland 4002

Phone:

07 3333 5268
glenn.case@dtesb.qld.gov.au

Supporting information

Disclaimer

The information contained on the Australian Business Licence and Information Service (ABLIS) web site, or via packages or other sources is intended for general guidance only.

To the full extent permitted by law, the Federal, State, Territory and Local Governments make no representations or warranties (expressed or implied) in relation to the information, including its accuracy, currency or completeness.

The business information provided does not constitute professional or legal advice, nor is the use of any third party resource an endorsement of the information contained, the associated organisation, product or service. It is recommended that you obtain appropriate professional and /or independent legal advice to ensure that the material provided here is relevant to your particular circumstances.

To the full extent permitted by law the Federal, State, Territory and Local Governments, their employees and agents do not accept any liability for any reason, including without limitation, liability in negligence, to any person for the general information which is provided herein, or in respect of anything, including the consequences of anything done, or not done, by any such person in whole or partial reliance upon the information.