Liability of the hotelier

Hotel Guest responsible for Safety Deposit box

Alfred Schembri in representation of Harry Calleja v Tigne Development Co Ltd pro et noe, First Hall, October 2000

In this case the plaintiff, a former guest at the Holiday Inn (since renamed Crowne Plaza), used the services of a safety deposit box offered by the hotel. He negligently left the key of the box with the hotel's front desk and later discovered that an expensive watch had gone missing from the box. The safety deposit box required two keys: one which would be kept by the hotel, the other which would be given to the guest - who in this case negligently abandoned it at the Front desk.

The Court held that a hotel could be held liable for the loss of an item placed in a safety deposit box if it was proven that such loss occurred owing to some fault on the part of the hotel or its employees.

The Civil Code provisions on deposit were not applicable in the circumstances. Harry had not "deposited" his watch with the hotel. The use of a safety box was not a deposit in the legal sense, as the item placed in the safety box was not under the control of the hotel. It remained in the material possession of its owner. The fact that the hotel kept one of the two keys necessary to open the box did not mean it assumed responsibilities as depositary.

Referring to Section 1039 of the Civil Code the court explained that the hotel was not responsible if a guest's negligent act precipitated the damages suffered.

In this case therefore the hotel had fulfilled its responsibility by providing the guest with a safety deposit box. The fact that an item had gone missing was as a direct result of the guest's negligence.