New South Wales Consolidated Acts

INNKEEPERS ACT 1968 - SECT 7

7 Limitation of liability in certain cases

(1) Subject to this section and section 6, the amount payable in respect of the liability of the keeper of an inn to any one traveller who is a guest at the inn with respect to property that, while at the inn, is lost, whether by theft or otherwise, or damaged shall not exceed one hundred dollars.
In this subsection "liability" means liability imposed by law and includes the like liability imposed by section 5.

(2) Subsection (1) shall not have effect unless at the time the property that was lost or damaged was brought to the inn, and at all times while the traveller was a guest at the inn, a copy of the notice set forth in the Schedule, printed in plain type, was conspicuously displayed:

(a) in a place at or near the reception office or reception desk of the inn or, where there is no such office or desk, at or near the main entrance to the inn where it could conveniently be read:

(i) by the traveller, on and after his or her arrival at the inn, and

(ii) where the property was not brought to the inn by the traveller, by the person who brought the property to the inn, and

(b) in a place where it could conveniently be read in the room in which was situated the sleeping accommodation engaged for the traveller.

(3) Notwithstanding compliance with the conditions specified in subsection (2), subsection (1) shall not have effect where, after the traveller became a guest at the inn:

(a) the property that was lost or damaged was deposited by the traveller or on his or her behalf expressly for safe custody with the innkeeper or the innkeeper’s servant authorised, or appearing to be authorised, for the purpose and, if so required by the innkeeper or that servant, in a container fastened or sealed by the depositor, or

(b) the traveller, or some person on his or her behalf, was unable to deposit the property as provided by paragraph (a) by reason of the refusal of the innkeeper or such a servant to receive it or by reason of some other default of the innkeeper or servant,

or where the cause of the loss or damage was some default, neglect or wilful act of the innkeeper or the innkeeper’s servant.