RELATING TO HOTELS.

SB83

THE SENATE

S.B. NO.

83

THIRTY-THIRD LEGISLATURE, 2025

STATE OF HAWAII

A BILL FOR AN ACT

relating
to hotels
.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF HAWAII:

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SECTION
1
.
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Chapter 486K, Hawaii Revised Statutes, is
amended by adding a new section to be appropriately designated and to read as
follows:

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"
�486K-

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Disruption of service; notice to third-party
vendors and guests required; damages recoverable.
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(a)
�
Within twenty-four hours of
the occurrence of a service disruption, a hotelkeeper shall provide, in all
modifiable mediums where the hotel advertises or solicits customers, or through
which customers can book or reserve rooms or hotel services, notification of
the service disruption to each third-party vendor and guest who is seeking or
has entered into a reservation, booking, or agreement with the keeper or a
third-party vendor for the use or occupancy of a room or hotel service.
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The keeper shall provide notice b
efore
accepting or entering into any new reservation, booking, or agreement for the
use of a room or hotel service; provided that i
f the circumstances of the service disruption make timely notification
impracticable, the keeper shall provide notice as soon as practicable.

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(b)
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The notification shall describe:

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(1)
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The
nature of the service disruption;

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(2)
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The
extent of the service disruption's effect on reservations, bookings, or
agreements to use the room or hotel services; and

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(3)
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The
right of a guest to cancel or terminate the reservation, booking, or agreement
for the use of the room or hotel services with a refund, if applicable, and
without the imposition of any fee, penalty, or other charge pursuant to subsections
(c) and (d).

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If
the notification is included in a communication containing other information,
the notification shall be in a significantly larger font and different color
than the remainder of the communication.

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(c)
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A keeper shall not impose any fee, penalty,
or other charge or retain any deposit of a guest who cancels a reservation,
booking, or agreement with the keeper for the future use of a room or hotel
service if a service disruption is likely to exist during the
period
of the reservation, booking, or agreement for the
use of a room or hotel service.

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(d)
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At the onset of a service disruption, the keeper shall immediately and
clearly notify all guests and hotel service users of the service disruption pursuant
to subsections (a) and (b).
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A guest may
terminate any remaining period of a reservation, booking, or agreement for the use
of a room or hotel service and the keeper shall not impose any fee, penalty, or
other charge for the termination or retain any deposit related to any unused
portion of the period of the reservation, booking, or agreement following the
onset of the service disruption.

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(e)
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Any keeper that violates or causes another person to violate this
section shall forfeit to the injured party three times the amount of the sum
charged in excess of what the keeper is entitled to.

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(f)
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For purposes of this section:

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"Hotel service" means work
performed in connection with the operation of a hotel, including but not
limited to the letting of guest rooms or meeting rooms, or the provision of
food or beverage services, banquet services, or spa services.

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"Service
disruption" means any of the following conditions that substantially
affects or is likely to substantially affect a guest's use of a room or hotel
service:

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(1)
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Construction
work in or directly related to the hotel that creates excessive noise that is
likely to substantially disturb a guest, except construction that is intended
to correct an emergency condition or other condition requiring immediate
attention;

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(2)
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Conditions
that the hotelkeeper is aware of that indicate the presence in the hotel of any
infestation by bed bugs, lice or other insects, rodents or other vermin capable
of spreading disease or being carried, including on one's person; provided that
the infestation has not been fully treated by a licensed exterminator within
twenty-four hours of the identification of the infestation;

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(3)
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The
unavailability, for a period of twenty-four hours or more, of any advertised
hotel amenity, including but not limited to a pool, spa, shuttle service,
internet access, or food or beverage service;

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(4)
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The
unavailability, for a period of twenty-four hours or more, of any advertised
room appliances or technology, including but not limited to in-room
refrigerators or internet services;

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(5)
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The
unavailability of any advertised or legally required accessibility feature,
including but not limited to an elevator, wheelchair lift, ramp, or accessible
bathroom in the room or in any common area of the hotel;

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(6)
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The
unavailability, for a period of twenty-four hours or more, of any utility,
including but not limited to gas, water, or electricity when the unavailability
affects only the location of the hotel; or

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(7)
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Any
strike, lockout, or picketing activity or other demonstration or event occurring
for a calendar day or more at or near the hotel.

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"Third-party vendor" means a
vendor with which a hotelkeeper has an arrangement for third-party room
reservations or any other entity that has reserved or entered into an agreement
or booking for the use or occupancy of one or more rooms in a hotel in
furtherance of the business of reselling the rooms to guests.
"

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SECTION 2.
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This Act does
not affect rights and duties that matured, penalties that were incurred, and
proceedings that were begun before its effective date.

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SECTION 3.
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New statutory material is underscored.

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SECTION 4.
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This Act shall take effect upon its approval.

INTRODUCED BY:

_____________________________

Report Title:

Hotels;
Hotel Services; Service Disruption; Third-Party Vendor; Guests; Notice; Damages

Description:

Requires
hotelkeepers to provide adequate notice of service disruptions to guests and
third-party vendors under certain conditions.
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Allows for recovery of damages.

The summary description
of legislation appearing on this page is for informational purposes only and is
not legislation or evidence of legislative intent.