The place to access your Free Legal Rights Information

Traveller Accommodation Providers (Liability) Act 2001 – 1 August 2001

Download PDF

Traveller Accommodation Providers (Liability) Act 2001 – 1 August 2001

Quick to view summary

A travel accommodation provider’s liability (under innkeeper’s liability) for a loss of the guest’s property is limited to $250 for each accommodation unit provided for the use of the guest on the day of the loss. This limitation applies despite: (a) the amount of the loss on the day; or (b) the number of guests who, on the day, are provided with the use of the accommodation unit and suffer a loss of property. To obtain the benefit of the rule, the accommodation provider must comply with the notice/operation requirements of section 15 of the Act. Note: Exceptions to the limitation on liability are found in section 13 of the Act and include: loss of a guest’s property caused by the fault of the accommodation provider or the provider’s agent; and loss which happens after the property is accepted for depositing in safe custody facilities. Pursuant to section 14 of the Act, loss relating to the before-mentioned safe custody acceptance is limited to $50,000 for each accommodation unit provided for the use of the guest on the day of the loss. Note: Exceptions apply to section 14. It is also important to note that safe custody does not include facilities located in an accommodation unit for the safe keeping of property. For the definition of ‘innkeeper’s liability’, refer to section 8 of the Act. For the meaning of ‘guest’, refer to section 9 of the Act. For the definition of ‘property of guest’, refer to section 10 of the Act. For the definitions of ‘accommodation unit’ and ‘loss’, refer to the Schedule 2 dictionary.

  • Sections 5, 6, 7, 8, 9, 10, 11, 12, 13, 14, 15, Schedules 1, 2

If a person is a guest of a travel accommodation provider and the guest’s actions would if the accommodation provider were an innkeeper at common law give rise to an innkeeper’s lien for the guest’s property, the accommodation provider may exercise an innkeeper’s lien for the guest’s property. Section 8 of the Act defines an ‘inkeeper’s lien’ as the common law right allowing an innkeeper to take possession of the property of the innkeeper’s guests that is brought to the innkeeper’s inn; and to keep the property until the innkeeper receives payment for accommodation, beverages, food and other services provided to the guest.

  • Sections 8, 16
Reason for law

To benefit the Queensland tourism industry. (Section 3)

Relevant links

N/A

Suggested links

Queensland Hotels Association

Accommodation Association of Australia

Critique

N/A

Advertising

APL-advertising-500

× Note: Advertising on this webpage does not indicate that the entity advertising has any specialist expertise or accreditation. If specialist expertise or accreditation is promoted by the advertiser, they will have provided such information in their logo with no involvement from Access Point Law. It is expressly made clear that Access Point Law does not guarantee any level of expertise or accreditation of any advertiser and does not guarantee the accuracy of advertising information. You are encouraged to make your own enquires.

The author expressly disclaims all liability for loss or damage arising from your use or reliance on advertising information published at any time on this website.

Disclaimer: The information published on this webpage has been provided free for the benefit of the public and does not act as advice to any individual or other entity. If you require advice relating to your situation, go visit your professional adviser. The author and any third party advertising on this webpage expressly disclaim all liability for loss or damage arising from your use or reliance on the information published at any time on this webpage.

PLEASE NOTE: The information published on this webpage may be out-of-date. Please compare the currency date of the Act/Regulation against that published on the Office of the Queensland Parliamentary Counsel website. If you require access to Commonwealth statute law, please visit the ComLaw website. If you require access to the local council laws (by-laws), please visit the Local laws database.

Featured image from Flickr Commons – https://www.flickr.com/photos/library_of_congress/3175022066/

APL-SS BULLETINGLOBAL LAW PROGRAM LOGO

Access Point Law | ABN 85 103 203 656
Copyright 2015 Andrew Bird