Hotel & Motel Management - March 3, 2008 - (Page 8) 8 Legally Speaking terviewed as part of the news story, stated that such practices can lead to guests contracting E. coli, salmonella, herpes, staph infection or hepatitis. It’s enough to prompt more than just the squeamish to reconsider their travel plans. The referenced illnesses are only half the story. Inadequate cleaning of hotel rooms can result in a variety of injuries as well. Debris or liquids left on floors can cause slips and falls resulting in broken bones and worse. Needles, metal staples and other sharp objects embedded in rugs not sufficiently vacuumed have led to foot and knee punctures. Plus bed bugs, mites and other harmful creatures thrive when housekeeping is lax. Suffice it to say, nothing pleasant comes from compromised cleaning. Adoption of written cleaning policies and procedures, and strict adherence to them, can spare guests from harm and save facilities from liability. For example, in one case reminiscent of a Monty Python movie, a woman discovered a wet spot on her mattress. She panicked, ran toward the bathroom, collided with the door, fell and suffered injuries. The hotel defended the case with testimony that it had adopted a procedure for cleaning soiled beds and it was followed in this case. The head of housekeeping checked the room after the cleaner was through, ver- H&MM March 3, 2008 | HotelMotel.com Cleanliness can be next to Godliness IN THE details Keep issue front and center Adopt cleaning policies Follow protocols Use products correctly By Karen Morris H&MM Columnist f your occupancy rate has gone down recently, TV networks may be to blame. Under the title “Hotel Hazards,” ABC and CBS brought the issue of in-room cleanliness front and center. ABC’s “Good Morning America” used hidden cameras in hotel rooms, a phenomenon that induces a heightened dimension of trepidation in today’s YouTube world. They caught housekeeping staff at several respected chains disregarding basic rules of sanitation when cleaning in-room drinking glasses. In one clip, the glassware was rinsed with water only. Another housekeeper used a dirty washcloth from the bathroom to “clean” the glasses. In a third scenario, the cleaner used a spray labeled in large print “DO NOT DRINK.” In yet another vignette, the housekeeper washed the glasses using the same gloves she used to clean the toilet. A “public health expert,” in- I ified that a clean mattress pad and blanket had been applied and generated a written report documenting these findings. The hotel was thus able to deflect liability. Think you’ve heard it all? In another lawsuit a female cleaner followed protocol when cleaning a men’s bathroom. She knocked before opening the door, announced her entrance and purpose, waited for a response, and only upon hearing none, entered. She also placed a sign on the door advising would-be users that the facility was being cleaned. After washing four urinals and two of three men’s stalls, she entered the third. There she encountered a man sitting on the toilet with an erection. She ran out of the restroom and reported the incident. The man sued the cleaning company, claiming the woman invaded his privacy. The court not surprisingly rejected the claim, noting that the woman had followed the prescribed procedures to announce her presence. The absence of procedures for housekeeping staff to follow, as well as management’s tolerance of less-than-strict adherence to existing rules, can be damning. One afternoon a guest fell on a liquid substance in a men’s restroom and suffered injuries. The bathrooms were thoroughly cleaned every night and lobby attendants checked them frequently dur- ing the day. Sounds good so far. But there was a fatal flaw: No schedule of regular inspections or cleaning was imposed, nor were logs kept to record the times the room was cleaned. As a result, when the injured guest sued, no one could testify when, before the accident, the restroom had last been cleaned or checked for spills on the floor. A potential defense thus was lost to the hotel. Improper use of cleaning products (disinfectants, detergents, waxes, etc.) also can lead to lawsuits. Be sure the product is appropriate for the item or surface to be cleaned. A wrong match can result in glassware doused with chemicals harmful when digested, a floor that is too slippery, or another surface or item in a dangerous condition. Further, follow instructions closely. Deviation can lead to accidents and liability. Cleaning devices also can be dangerous if misused. One guest was awarded a verdict of $120,000 when she contracted asthma from an ozone machine intended to clean the air in her smoking room. Unfortunately the housekeeping supervisor left it running too long. Lack of attention to cleanliness can have consequences beyond diseases and injuries to guests. One example is trouble with franchisors. A typical franchise license agreement requires the franchisee to main- tain the premises consistent with specified standards of cleanliness. Uncorrected violations can lead to revocation of the franchise. Additionally, many states have regulations that require the following: “All sleeping rooms, hallways, lobbies and other facilities shall be kept in clean and good repair.” Violations can result in fines and suspension or even revocation of a license to do business. Let me repeat: Nothing pleasant comes from compromised cleaning. hmm@questex.com Karen Morris is a lawyer, municipal judge and Distinguished Professor at Monroe Community College in Rochester, N.Y., where she teaches hospitality law. Contact her at kmorris222@yahoo.com. Guest Column Sale-leasebacks gain popularity as a financing choice IN THE details Sale-leasebacks a solution Tax liability can be deferred Payment is a write-off Price increases vary T By Bryan J. Clark H&MM Guest Columnist hese days, you don’t have to look too hard to hear some kind of negative news about the economy, particularly the credit crunch and the so-called subprime mortgage meltdown. But what effect are they really having on the hotel industry? As more and more residential mortgage companies, life insurance companies and pension funds feel the effects of this “meltdown,” credit is getting tighter and traditional financing sources are drying up. More and more companies from large hotel operators to small private hoteliers are becoming more creative in their finance structures. Virtually all of the largest hotel companies and chains have begun seeking alternative capital sources, primarily saleleasebacks, which allow for increased leverage (up to 100 percent). The process of converting real-estate assets into cash is a technique that has been used for decades, although now more than ever, by hotel owners who own real-estate that is not essential to their core business plan and day-to-day operations. Expanding hotel operations into new markets or adding additional hotel brands in current markets can be extremely difficult when credit is tightening and financing is not readily available. Many hotel owners see the sale-leaseback option as the best solution. When structured properly, a sale-leaseback provides access to usable cash immediately while improving the company’s debt-to-equity ratio and reducing depreciation expenses, again, presenting the company in a stronger financial position. A sale-leaseback, by definition, can be understood by its very name. It is accomplished See Sale-leasebacks | page 18 http://HotelMotel.com
Table of Contents Feed for the Digital Edition of Hotel & Motel Management - March 3, 2008 Hotel & Motel Management - March 3, 2008 Contents Embassy Suites Refreshes Look, Service F&B Concept Set to Take Off Conference Promises Perspective Letter to the Editor Legally Speaking Guest Column HSMAI Consultant's Corner On Finance Travel Trends Energy Star Update Trends & Stats Transactions Property Management Systems Carpet: Mixed Media Planting Greener Greens Transportation Vacation-Ownership Update Ad/Editorial Index Marketplace Classifieds Checking Out Hotel & Motel Management - March 3, 2008 Hotel & Motel Management - March 3, 2008 - Hotel & Motel Management - March 3, 2008 (Page 1) Hotel & Motel Management - March 3, 2008 - Hotel & Motel Management - March 3, 2008 (Page 2) Hotel & Motel Management - March 3, 2008 - Contents (Page 3) Hotel & Motel Management - March 3, 2008 - Conference Promises (Page 4) Hotel & Motel Management - March 3, 2008 - Conference Promises (Page 5) Hotel & Motel Management - March 3, 2008 - Letter to the Editor (Page 6) Hotel & Motel Management - March 3, 2008 - Letter to the Editor (Page 7) Hotel & Motel Management - March 3, 2008 - Guest Column (Page 8) Hotel & Motel Management - March 3, 2008 - Guest Column (Page 9) Hotel & Motel Management - March 3, 2008 - HSMAI (Page 10) Hotel & Motel Management - March 3, 2008 - HSMAI (Page 11) Hotel & Motel Management - March 3, 2008 - Consultant's Corner (Page 12) Hotel & Motel Management - March 3, 2008 - Consultant's Corner (Page 13) Hotel & Motel Management - March 3, 2008 - On Finance (Page 14) Hotel & Motel Management - March 3, 2008 - On Finance (Page 15) Hotel & Motel Management - March 3, 2008 - Travel Trends (Page 16) Hotel & Motel Management - March 3, 2008 - Travel Trends (Page 17) Hotel & Motel Management - March 3, 2008 - Energy Star Update (Page 18) Hotel & Motel Management - March 3, 2008 - Energy Star Update (Page 19) Hotel & Motel Management - March 3, 2008 - Trends & Stats (Page 20) Hotel & Motel Management - March 3, 2008 - Trends & Stats (Page 21) Hotel & Motel Management - March 3, 2008 - Trends & Stats (Page 22) Hotel & Motel Management - March 3, 2008 - Trends & Stats (Page 23) Hotel & Motel Management - March 3, 2008 - Trends & Stats (Page 24) Hotel & Motel Management - March 3, 2008 - Transactions (Page 25) Hotel & Motel Management - March 3, 2008 - Transactions (Page 26) Hotel & Motel Management - March 3, 2008 - Transactions (Page 27) Hotel & Motel Management - March 3, 2008 - Property Management Systems (Page 28) Hotel & Motel Management - March 3, 2008 - Property Management Systems (Page 29) Hotel & Motel Management - March 3, 2008 - Property Management Systems (Page 30) Hotel & Motel Management - March 3, 2008 - Property Management Systems (Page 31) Hotel & Motel Management - March 3, 2008 - Carpet: Mixed Media (Page 32) Hotel & Motel Management - March 3, 2008 - Carpet: Mixed Media (Page 33) Hotel & Motel Management - March 3, 2008 - Planting Greener Greens (Page 34) Hotel & Motel Management - March 3, 2008 - Planting Greener Greens (Page 35) Hotel & Motel Management - March 3, 2008 - Transportation (Page 36) Hotel & Motel Management - March 3, 2008 - Transportation (Page 37) Hotel & Motel Management - March 3, 2008 - Vacation-Ownership Update (Page 38) Hotel & Motel Management - March 3, 2008 - Vacation-Ownership Update (Page 39) Hotel & Motel Management - March 3, 2008 - Vacation-Ownership Update (Page 40) Hotel & Motel Management - March 3, 2008 - Vacation-Ownership Update (Page 41) Hotel & Motel Management - March 3, 2008 - Vacation-Ownership Update (Page 42) Hotel & Motel Management - March 3, 2008 - Vacation-Ownership Update (Page 43) Hotel & Motel Management - March 3, 2008 - Vacation-Ownership Update (Page 44) Hotel & Motel Management - March 3, 2008 - Vacation-Ownership Update (Page 45) Hotel & Motel Management - March 3, 2008 - Ad/Editorial Index (Page 46) Hotel & Motel Management - March 3, 2008 - Ad/Editorial Index (Page 47) Hotel & Motel Management - March 3, 2008 - Marketplace (Page 48) Hotel & Motel Management - March 3, 2008 - Classifieds (Page 49) Hotel & Motel Management - March 3, 2008 - Classifieds (Page 50) Hotel & Motel Management - March 3, 2008 - Classifieds (Page 51) Hotel & Motel Management - March 3, 2008 - Classifieds (Page 52) Hotel & Motel Management - March 3, 2008 - Classifieds (Page 53) Hotel & Motel Management - March 3, 2008 - Checking Out (Page 54) Hotel & Motel Management - March 3, 2008 - Checking Out (Page 55) Hotel & Motel Management - March 3, 2008 - Checking Out (Page 56)
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