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CIVIL LIABILITY ACT 2002 - SECT 49A

PART 10A - Accommodation provider 49A. Liability of accommodation provider for lost, destroyed or damaged property

(1) In this section, unless the contrary intention appears –
accommodation provider means a person who provides tourist accommodation premises;
employee means a person employed at tourist accommodation premises;
guest means a person –

(a) who is temporarily absent from his or her usual residence; and

(b) who has engaged sleeping accommodation, or on whose behalf sleeping accommodation has been engaged, at tourist accommodation premises;

premises includes –

(a) land, whether or not covered by buildings; and

(b) any structure, whether or not attached to land; and

(c) a means of transport; and

(d) a part of premises;

tourist accommodation premises means premises that are set up for the purpose of providing overnight lodging facilities for tourists or travellers for a consideration.
(2) An accommodation provider is not liable to make compensation in relation to the loss, destruction or damage of or to property brought to tourist accommodation premises by or on behalf of a guest except as provided in subsection (3).
(3) An accommodation provider is liable to make compensation in relation to the loss, destruction or damage of or to property brought to tourist accommodation premises by or on behalf of a guest if –

(a) the loss, destruction or damage is attributable to some negligence or deliberate or reckless act or default of the accommodation provider or an employee of the accommodation provider; or

(b) the property –

(i) has been deposited expressly for safe custody with the accommodation provider or an employee of the accommodation provider authorised to accept guest's property for safe custody; and

(ii) if the accommodation provider or that employee requires it, has been placed in a container and fastened or sealed by the person depositing the property for safe custody; and

(iii) has been lost, destroyed or damaged while so deposited; or

(c) a notice that relates to the liability of an accommodation provider to pay compensation under this section is not conspicuously displayed in, at or near the reception office, reception desk or principal entrance of the tourist accommodation premises.



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