Source: Robin Roth, Senior Contracts Editor, Conferon, Inc.
E-Specs: February 4, 2004

Room pickup issues abound these days, and comparing the hotel’s in-house guest list to the group’s registration list is critical to resolving these issues. Planners are feeling more pressure now to account for each and every room. Most groups demand documentation if the hotel is charging for attrition or cancellation. Accurate figures are also needed to properly determine credit for earned concessions. Rooms booked by attendees outside the room block (ROB) through the Internet or other distribution channels need to be accounted for since they are not properly coded to the group, yet these individuals would not be there if not for the group’s meeting.

When a planner asks to review the in-house guest list, the hotelier often balks, claiming that the list is private and confidential. However, access to the lists is becoming easier for planners for several reasons. These tips will help you skirt the privacy screen.

• The hotel has an obligation to provide documentation of charges for attrition and cancellation. If there is a dispute and the issue goes to court, the hotel will be required to produce the list as a part of the discovery process, which is normal legal procedure. It is a matter of now - or later.
• If the hotel delays providing accurate documentation of charges owed, it is also causing a delay in its receipt of the funds.
• The group can assume some of the burden by signing a confidentiality agreement and then go even further by signing a simple indemnification agreement that protects the hotel.

Sample terms might read:

The Group will compare Hotel's in-house guest list with Group's registration list in order to locate any guest room occupied by an individual on Group's registration list but not coded to Group within Hotel’s system. The Group agrees to maintain the confidentiality of Hotel's in-house guest list and the Group will indemnify, defend, and hold harmless the Hotel from any claims arising out of Group's failure to maintain confidentiality of such list.

• Lastly, there are reports in the news that a ruling has been handed down recently in a Seattle case that is in disagreement with the hotel argument that the guest list is private.

In short, the hotel guest list privacy issue may be more of a non-issue.

(Note: This information is not intended to be "legal advice." A qualified attorney should be consulted to review all legal issues.)