Traveller Accommodation Providers (Liability) Act 2001
sec.14Safe custody facilities
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sec.14 Safe custody facilities
This section applies if an accommodation provider, or the provider’s agent, accepts a guest’s property for safe keeping in facilities controlled by the accommodation provider or the provider’s agent ( safe custody facilities ), other than facilities located in an accommodation unit for the safe keeping of property. The accommodation provider is liable for the loss of the guest’s property if it happens after the accommodation provider, or the provider’s agent, accepts the property for depositing in the safe custody facilities. However, the accommodation provider’s liability for the loss is limited to $50000 for each accommodation unit provided for the use of the guest on the day of the loss, despite— the amount of the loss on the day; or the number of guests who, on the day, are provided with the use of the accommodation unit and suffer a loss of property. The limitation on the accommodation provider’s liability under subsection (3) does not apply if before or at the time the accommodation provider or the provider’s agent accepts the property for depositing in the safe custody facilities— the guest, in writing given to the accommodation provider or the provider’s agent, declares the value of the property is more than $50000; and if asked to do so by the accommodation provider or the provider’s agent—the guest pays, or agrees to pay, a fee for the accommodation provider accepting the property for depositing in the safe custody facilities. An accommodation provider, or the provider’s agent, may require a guest who asks to use safe custody facilities for the guest’s property to place the property in a container and fasten or seal the container. If the accommodation provider provides safe custody facilities, the accommodation provider must accept a guest’s property for depositing in the safe custody facilities unless— the guest refuses to pay, or refuses to agree to pay, a fee for the accommodation provider accepting the property for depositing in the safe custody facilities, as mentioned in subsection (4) ; or the guest does not place the property in a container and fasten or seal it, in response to a requirement under subsection (5) ; or the accommodation provider reasonably considers that depositing the property in the safe custody facilities would be unreasonable having regard to the property’s nature, size or value and the type of accommodation and tariff charged for the accommodation unit. This section does not require an accommodation provider to provide safe custody facilities. (sec.14-ssec.1) This section applies if an accommodation provider, or the provider’s agent, accepts a guest’s property for safe keeping in facilities controlled by the accommodation provider or the provider’s agent ( safe custody facilities ), other than facilities located in an accommodation unit for the safe keeping of property. (sec.14-ssec.2) The accommodation provider is liable for the loss of the guest’s property if it happens after the accommodation provider, or the provider’s agent, accepts the property for depositing in the safe custody facilities. (sec.14-ssec.3) However, the accommodation provider’s liability for the loss is limited to $50000 for each accommodation unit provided for the use of the guest on the day of the loss, despite— the amount of the loss on the day; or the number of guests who, on the day, are provided with the use of the accommodation unit and suffer a loss of property. (sec.14-ssec.4) The limitation on the accommodation provider’s liability under subsection (3) does not apply if before or at the time the accommodation provider or the provider’s agent accepts the property for depositing in the safe custody facilities— the guest, in writing given to the accommodation provider or the provider’s agent, declares the value of the property is more than $50000; and if asked to do so by the accommodation provider or the provider’s agent—the guest pays, or agrees to pay, a fee for the accommodation provider accepting the property for depositing in the safe custody facilities. (sec.14-ssec.5) An accommodation provider, or the provider’s agent, may require a guest who asks to use safe custody facilities for the guest’s property to place the property in a container and fasten or seal the container. (sec.14-ssec.6) If the accommodation provider provides safe custody facilities, the accommodation provider must accept a guest’s property for depositing in the safe custody facilities unless— the guest refuses to pay, or refuses to agree to pay, a fee for the accommodation provider accepting the property for depositing in the safe custody facilities, as mentioned in subsection (4) ; or the guest does not place the property in a container and fasten or seal it, in response to a requirement under subsection (5) ; or the accommodation provider reasonably considers that depositing the property in the safe custody facilities would be unreasonable having regard to the property’s nature, size or value and the type of accommodation and tariff charged for the accommodation unit. (sec.14-ssec.7) This section does not require an accommodation provider to provide safe custody facilities.