Looking for a law student to provide advice
 

Short form-->

I work at a hotel and we offer guests secure storage for their belongs. This storage is only accessible by us and guests need either a claim tag, or be able to fully verify the contents of the bag to claim it.

Guests also sign a waiver with a clause that states "We are not responsible for any lost, stolen or damaged property".

Now a guests laptop was given away (our staff gave it away with out verifying anything) from this secure storage and my manager is claiming that we are not responsible due to this clause. The problem is that it was not stolen, but it was given to someone with out a claim tag, or being able to verify the contents.

Our staff has fucked up and we are completely in the wrong as we gave her laptop away with out verifying anything. The way this laptop was "stolen" or given away is a gray area for the clause in the T&C's. Would the Hotel Keepers Act of Canada supersede the agreement that they have signed?

I'm just looking for advice for my guest as we fucked up and our office doesn't want to take responsibility. Any help would be greatly appreciated.

EDIT -->
The hotel Keepers act of Canada states the following:

"Limitations on liability

5. The liability of a hotelkeeper, for loss of or damage to the property of a guest is limited to one hundred dollars in respect of any one article and five hundred dollars in the aggregate, except where the guest establishes

(a) that the property was lost or damaged through the default, neglect or wilful act of the hotelkeeper or his servant;

(b) that the property was deposited by or on behalf of the guest expressly for safekeeping with the hotelkeeper or his servant authorized or appearing to be authorized for the purpose, and, if so required by the hotelkeeper or his servant, in a container fastened or sealed by the depositor; or

(c) that the property was offered to the hotelkeeper or a servant authorized or appearing to be authorized for the purpose for deposit for safekeeping and the hotelkeeper or he servant refused to receive it, or, through the default of the hotelkeeper or the servant, was unable to receive it."

I'm not that great in Law, just a student with basic knowledge of Business Law. However, if you would like, I can point out some things in a law student's point of view or law wise.

The employee is negligent in giving away the laptop due to his lack of attention to verify the contents and the correct tag. I would say it is the employee's fault because they didn't check the tag carefully to make sure that the customer got what was rightfully theirs. The point of secure storage is supposedly, the customer, is relying on the service to keep their valuable (mostly) belongings safe from harm so they don't have to worry about it. Also I believe that is what the service goal is supposed to provide the customer with. I'm not bashing on whoever shouldn't take the blame and who needs to pay. Just my opinion, hope it helps

hmm...I'm an aspiring law student only..so take this as a guess. In my opinion, there is no law saying that the employee has to verify anything..it's good business practice but it ends there. Besides, she/he signed the waiver. The limitations on liability comes into play only after liability has been established. Now I think it is definitely the employee/hotel's fault, but that does not necessarily amount to legal liability. Morally guilty..but not legally guilty imo.

OP attend one of the free law clinics offered by the UBC students