Victorian Consolidated Legislation

Carriers and Innkeepers Act 1958 - SECT 30

Limitation of liability in certain cases

30. Limitation of liability in certain cases



(1) Subject to this section and section 29, 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-

   (a)  in the case of property that is so lost or damaged-

   (i)  while it is being held for safe custody after being deposited by or on
        behalf of the traveller with the innkeeper or a servant authorized or
        appearing to be authorized for the purpose; or

   (ii) after the traveller or some person on his behalf was unable to deposit
        it as provided by paragraph (i) because the innkeeper or such a
        servant failed or refused without reasonable excuse to receive it-

$2000; and

   (b)  in the case of any other property that is so lost or damaged-

$100.

(2) An innkeeper or his servant may require any person wishing to deposit
property with him for safe custody to place it in a container and fasten or
seal the container.

(3) In subsection (1) liability means liability imposed by law and includes
the liability for damage imposed by section 28.

(4) 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 Fourth
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 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 engaged for
        the traveller.

(5) Subsection (1) shall not have effect where the cause of the loss or damage
was some default, neglect or wilful act of the innkeeper or his servant.