Liability of proprietors defined

(1) Except in the circumstances specified in sub-section (2), a proprietor of a hotel or tourist accommodation shall not be liable to any guest, to an amount exceeding two thousand dollars, for any loss or damage to, or injury or theft of, any goods brought to his hotel or tourist accommodation. (2) The circumstances referred to in sub-section (1) are– (a) where the goods are lost, damaged, injured or stolen through the willful act, default or negligence of such proprietor or any member of his staff; (b) where the goods are deposited for safe custody with the proprietor. (3) Where goods are deposited by any hotel or tourist accommodation guest pursuant to sub-section (2) (b) the following shall be conditions precedent to such deposit, namely– (a) that the guest making the deposit shall sign a written declaration stating the nature and value of the deposited goods; (b) that the guest shall permit the proprietor or a member of his staff duly authorised in that behalf to inspect such goods and satisfy himself of the authenticity of the declaration made under paragraph (a) of this subsection; (c) that the guest shall, if so requested by the proprietor, place such goods in a box or some other receptacle provided by the proprietor, and seal or lock such box or receptacle in the presence of the proprietor or a member of his staff duly authorised in that behalf. (4) Where a proprietor provides, in accommodation rooms occupied by his guests, safe deposit boxes or receptacles approved by the Registrar as affording a reasonable degree of security to goods deposited therein, such proprietor shall be liable to the guest, up to a maximum amount of two thousand dollars for goods lost, damaged, injured or stolen while deposited in such safe deposit box or receptacle only where such loss, damage, injury or theft occurred in circumstances specified in sub-section (2) (a). (5) The benefits of the provisions of this Part shall not apply to a proprietor who refuses to receive and accept for safe deposit the goods of his guests, or fails to provide safe deposit boxes or receptacles as provided in sub-section (4) or who, through his wilful default and neglect of duty, prevents any guest from depositing his goods with him for safe custody, 27 Provided that no proprietor shall be obliged to accept for safe custody any goods of his guest declared by the guest pursuant to sub-section (3) (a) to be valued at or in excess of five thousand dollars. (6) The benefits of the provisions of this Part shall not apply to a proprietor who refuses or fails to display the provisions of this Part in a conspicuous place in the main hallway or entrance, and in each bedroom, of his hotel or tourist accommodation. (7) Without prejudice to any lien or other lawful remedy which may be available to any proprietor, it shall be lawful for a proprietor to sell by public auction any goods deposited with him for safe custody under this Part where the guest who made such deposit becomes indebted to the proprietor for any accommodation charges or any other charges associated therewith. (8) No public auction sale shall be made under sub-section (7) unless the goods have been in the custody of the proprietor for a period of not less than six weeks, during which period the debt has been outstanding, unsatisfied or unpaid, and unless, at least one month before such sale, the proprietor has caused to be inserted in the Gazette, a notice containing– (a) a brief description of the goods; (b) the name, if known to him, of the guest who deposited the goods; and (c) the date, place and time of the proposed sale. (9) The proprietor shall, after the public auction sale, take from the proceeds of such sale the amount due and owing to him as a debt, and after deducting the expenses incidental to the sale, pay the remainder, if any, to any person who satisfactorily claims ownership thereto. 28 (10) Any guest who makes a false declaration under sub- section (3) (a) commits an offence and is liable on summary conviction to a fine not exceeding five thousand dollars or to imprisonment for a period not exceeding two years.