Document View

It is estimated that 300,000 to 400,000 laptops are stolen every year, with the average claim being significantly greater than the value of the hardware itself due to the proprietary data that is lost. The solution that an increasing number of lodging operators are turning to is the in-room safe. In-room safes were developed by the marketplace to accommodate the present-day security needs of guests. Accordingly, an innkeeper who has previously installed or is considering installing a safe system would be prudent to review the following suggestions in order to maximize the convenience and utility to the guest while simultaneously enhancing the safety and security of guest property. These include: 1. Provide safes that are large enough to hold laptops. 2. Secure each installation with a hidden attachment apparatus. 3. Put the units in a convenient location for guest access. 4. Implement a secure key or code control system.

Copyright Penton Media, Inc. Nov 2004

The rush is on to capture the business traveler's business. High-speed Internet access is the latest and greatest amenity to enhance the lodging operator's chances of landing this valued segment of business. It's the point of distinction today for most business travelers as they select hotels. And, logically, if the business traveler is staying with you due to HSIA, the odds are better than "Smarty Jones to win" that they have a laptop with them.

Now, couple that concept with this consideration: It's estimated that 300,000 to 400,000 laptops are stolen every year, with the average claim being significantly greater than the value of the hardware itself due to the proprietary data that is lost. It's easy, then, to envision a recipe for a disastrous liability claim. The solution that an increasing number of lodging operators are turning to is the in-room safe. In-room safes are one of the most cost,-effective customer conveniences that also offer a security solution-and not just for laptops, but for all guest property that may not fit into safety-deposit boxes.

Enlarge 200% Enlarge 400%

Often, guests are reluctant to use safety deposit boxes due to the inconvenience of their location, distrust of the hotel staff or lack of awareness of their existence and procedures for accessibility. Guests are also reluctant to use them because they are fearful of becoming "targets" each time they visit the safety deposit box area.

In-room safes, if properly installed, monitored and maintained, provide instant access for the guest; greatly reduce the concern and distrust of potential access by employees; eliminate the "target" concern; and greatly enhance the notification of availability.

Historically, innkeepers under the doctrine infra hospitiurn (Latin, meaning "that within the inn." Once a traveler's baggage comes infra hospitium, that is, in the care and under the charge of the innkeeper, it is at the innkeeper's risk) were totally responsible for the personal property of the guest.

Over time, legislation enacted in each state placed a limit on innkeepers' liability for missing guest property, provided that the innkeeper complied with certain requirements, typically including providing safety deposit boxes for guest valuables, unrestricted access to the boxes by the guest and using diligence to notify the guest about the deposit boxes' availability. These laws are commonly referred to as Innkeeper Liability Statutes or Limited Liability Statutes for Innkeepers.

It's important to note that most of these laws were passed in the early and mid-1900s and haven't been updated since. Consequently, in most instances, the liability cap (ranging from $50 to $1,000, depending upon the state) is usually very favorable to the innkeeper (given the types and value of property that guests travel with today). Accordingly, innkeepers are reluctant to see these laws change, and for all practical purposes and except in a few states, they haven't changed.

And, at the time these laws were enacted, no one could predict that computers would be commonplace, much less that travelers would tote them around like lunchboxes to the factory. Safety deposit boxes were originally meant for cash, jewelry and documents, rarely anything larger. In-room safes were developed by the marketplace to accommodate the present-day security needs of guests.

Many innkeepers are installing in-room systems with the perception that the safes substitute for the hardware requirements and notification provisions of the Innkeeper Liability Statutes. A review of court decisions suggests that a different perception is needed. Many courts hold that in order for an inn to avail itself of the safe harbor provisions (liability caps) for lost or stolen property, the innkeeper must have strictly complied with the Innkeeper Liability Statute, including the notice provisions.

Accordingly, an innkeeper who has previously installed or is considering installing a safe system would be prudent to review the following suggestions in order to maximize the convenience and utility to the guest while simultaneously enhancing the safety and security of guest property:

1. Be sure to be in careful, complete compliance with the Innkeeper Liability Statute in the state in which the inn is located. (Pay particular attention to the notification requirements, i.e., how many notices and where they must be located. Note: notices in a drawer or closet do not equate to "conspicuous.")

2. Provide safes that are large enough to hold laptops.

3. If an electrical outlet is provided, make absolutely certain there is no risk of shock.

4. Secure each installation with a hidden attachment apparatus.

5. Secure from the safe provider as broad a warranty as possible on forced entry and/or removal of the safe itself.

6. Put the units in a convenient location for guest access.

7. Be sure lighting is sufficient to read directions and operate the safe.

8. The safe should have clear operating directions in appropriate languages for your guest base.

9. Implement a secure key or code control system.

10. Provide accessible safes for disabled guests.

11. If an additional fee is charged for usage of the safe, be sure to clearly disclose the fee(s) to guests.

12. Unless specifically authorized to do so by your state, do not sell insurance or advise the guest that the fee is for insurance.

13. Establish a policy for changing the master code in a timely fashion when an employee with access to the master leaves the company for any reason, or any other time the confidentiality of the master code could have been compromised.

14. Install a "hard-to-miss" message asking the guest to leave the safe open upon departure.

15. Implement a checklist item for housekeepers to ensure the safe is open for the next guest, and if the safe is locked upon guest departure, take appropriate steps to unlock the safe without compromising the master code or key.

16. Check with your insurance company for a potential discount.

17. Select a safe with an interrogation feature that allows tracking of historical usage.

18. If using mechanical key safes, use a high-level security key that can't be duplicated and that has an infinite number of keyways.