Can a guest be made to pay for damaging a hotel room?

Recently, a Bangalore-based 5-star hotel imposed a Rs. 2500 fine on guests for spilling coffee that caused stains on the bed sheet fabric. While the guests feel this is an unfair demand on part of the hotel, the hotel claimed that the guests are liable under the relevant laws and policies. 

In this Weekly, let us look at what a guest’s liabilities are if they cause any damage to hotel property. 

Am I responsible for safekeeping of hotel property as a guest?

When a guest reserves a hotel room and checks-in, they are bound by the terms and conditions of the hotel. This is known as an implied contract. Most hotels have policies that clearly state that any loss or damage they cause to hotel property will make them liable to pay for the loss or damage. 

As a guest, you have a duty of care to not cause damage to it. Even if you negligently damage the property, the hotel can charge you. However, this does not mean that you as a guest are responsible for the safekeeping of the entire hotel or its properties. If you haven’t directly or indirectly contributed to the loss or damage, the hotel cannot impose any cost or fine. 

Can the hotel charge me additional costs for any loss or damage?

According to the laws  in India, if an action or omission of a person leads to a loss or damage, then the person will be liable to pay for the damage. This means that if a person does something they are not supposed to do or does not do something that they are supposed to do and as a result, someone else suffers loss or damage, then they will be held responsible.  The liability of a person is determined by gauging whether they took reasonable care, as was expected of them. If they failed to take reasonable care, then they may have to pay additional costs. However, if a person can prove that the action or omission was due to an innocent accident, then they will be spared of any liability. It must be remembered that in certain situations, the defence of innocent accidents is not considered relevant. 

For instance, if you have opted for a luxury room which offers premium fabrics and linens for amenities in your room, then as a temporary occupant of the room you are obligated to use them with care. If there is a chance of any spillage of any stain causing material, then you may be questioned regarding whether you took enough steps to avoid any spillage. On the other hand, if the sheets were soiled because of a period stain, guests can avoid any liability by showing that it was an innocent and unintentional accident. 

What can I do if I am subjected to additional costs for damage?

If you think the cost imposed on you for the alleged damage is unfair, then you can file a complaint before the Consumer Court. You may approach the relevant consumer complaint forum like the District or the State or even the National Consumer Disputes Redressal Commissions or dial the National Consumer Helpline or file an e-complaint on INGRAM, the National portal of the Department of Consumer Affairs. Remember, such complaints must be raised within 2 years of the incident.

As a hotel guest, you have the right to transparent pricing and the amount of fines or costs must be made known to you. The hotel has to provide an itemised bill describing the details of the cost imposed on you for the damages caused. 

We explain more about the process of filing a consumer complaint in our explainer here.