103Accommodation provider to provide safekeeping service

103 Accommodation provider to provide safekeeping service (1) An accommodation provider must accept the property of a guest for deposit in a safekeeping service unless the accommodation provider has a reasonable excuse for not doing so. (2) If a guest asks to use an accommodation provider's safekeeping service, the accommodation provider— (a) may inspect the property to be deposited by the guest; (b) may ask the guest to describe the nature of the property and the approximate value of the property; (c) must provide the guest with a receipt for the property, which contains the information given under paragraph (b); (d) may require the guest to place the property in a container and fasten or seal the container. (3) An accommodation provider is liable for the loss of a guest's property if it happens after the accommodation provider accepts the property for depositing in the safekeeping service. (4) Subject to subsection (5), the liability of an accommodation provider under subsection (3) is limited to $3000 (or another prescribed amount) for each unit of accommodation provided for the use of the guest on the day of the loss, irrespective of— (a) the number of guests who are provided with the use of that unit of accommodation on the day; and (b) the value of the loss on the day. (5) The limitation on liability under subsection (4) does not apply if, before or at the time the accommodation provider accepts the property for depositing in the safekeeping service— (a) the guest, in writing given to the accommodation provider, declares the value of the property is more than $3000 (or the amount prescribed under subsection (4)); and (b) the accommodation provider agrees, in writing given to the guest, to accept liability for the value of the property stated under paragraph (a); and (c) the guest agrees to pay a fee for the accommodation provider accepting the property for depositing in the safekeeping service, if asked to do so by the accommodation provider. (6) For the purposes of subsection (1), a reasonable excuse includes— (a) that the guest does not place the property in a container and fasten or seal it, in response to a requirement under subsection (2)(d); (b) in a case where subsection (5) applies, that the guest does not agree to pay any fee requested under subsection (5)(c); (c) that the accommodation provider reasonably considers that depositing the property in the safekeeping service would be unreasonable having regard to the property's nature, size or value and the type of accommodation and tariff charged for the accommodation.