HB 594: RELATING TO HOTELS.

A BILL FOR AN ACT

RELATING TO HOTELS.

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

     SECTION 1.  The legislature finds that tourism is a major contributor to the State's economy.  Travelers come from around the globe to experience Hawaii's natural beauty, culture, and diversity.

     The legislature further finds that travelers staying at hotels are vulnerable to disruptions to hotel services.  They are often unfamiliar with local conditions and lack alternative accommodations during their stay.  The legislature also finds that hotel guests are frequently unaware of pest infestations; construction work; noisy demonstrations; work stoppages, strikes, or lockouts; or the unavailability of advertised amenities at the hotel when they make reservations and may experience difficulty canceling their reservations upon arriving and discovering such disruptions.

     The legislature additionally finds that ensuring that hotel guests are notified of any service disruption, or the possibility of a service disruption, and are permitted to terminate reservations without financial consequences is essential to protect travelers from the effects of service disruptions and to ensure the continued vitality of Hawaii's tourism and hotel sector.

     Therefore, the purpose of this Act is to:

     (1)  Require hotelkeepers to provide adequate notice of service disruptions to guests and third-party vendors under certain conditions; and

     (2)  Allow for recovery of damages by injured consumers.

     SECTION 2.  Chapter 486K, Hawaii Revised Statutes, is amended by adding a new section to be appropriately designated and to read as follows:

     "§486K-     Disruption of service; notice to third-party vendors and guests required; damages recoverable.  (a)  At the onset of a service disruption or of notice that a service disruption may occur, 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.  The keeper shall provide notice before accepting or entering into any new reservation, booking, or agreement for the use of a room or hotel service; provided that if the circumstances of the service disruption make timely notification impracticable, the keeper shall provide notice as soon as practicable.

     (b)  The notification shall describe:

     (1)  The nature of the service disruption;

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

     (3)  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).

     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.

     (c)  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.

     (d)  At the onset of a service disruption or of notice that a service disruption may occur, the keeper shall immediately and clearly notify all guests of the service disruption pursuant to subsections (a) and (b).  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 or of notice that a service disruption may occur.

     (e)  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.

     (f)  As used in this section:

     "Guest" includes a hotel service user.

     "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.

     "Service disruption" means any of the following conditions:

     (1)  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;

     (2)  Conditions that the hotelkeeper is aware of that indicate the presence in the hotel of any infestation by bed bugs, lice, or other insects or 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;

     (3)  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;

     (4)  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;

     (5)  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;

     (6)  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;

     (7)  Any strike, lockout, or other work stoppage; or

     (8)  Any lawful picketing or demonstration at or adjacent to the hotel:

          (A)  That creates noise that disturbs a guest of the hotel; or

          (B)  That the hotel has notice of and that is likely to create noise that may disturb a guest of the hotel.

     "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."

     SECTION 3.  This Act does not affect rights and duties that matured, penalties that were incurred, and proceedings that were begun before its effective date.

     SECTION 4.  This Act shall not be applied so as to impair any contract existing as of the effective date of this Act in a manner violative of either the Hawaii State Constitution or article I, section 10, of the United States Constitution.

     SECTION 5.  New statutory material is underscored.

     SECTION 6.  This Act shall take effect on July 1, 3000.

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.  Allows for recovery of damages by injured consumers.  Effective 7/1/3000.  (HD2)

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

A BILL FOR AN ACT

RELATING TO HOTELS.

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

     SECTION 1.  The legislature finds that tourism is a major contributor to the State's economy.  Travelers come from around the globe to experience Hawaii's natural beauty, culture, and diversity.

     The legislature further finds that travelers staying at hotels are vulnerable to disruptions to hotel services.  They are often unfamiliar with local conditions and lack alternative accommodations during their stay.  The legislature also finds that hotel guests will frequently be unaware of pest infestations; construction work; noisy demonstrations; work stoppages, strikes, or lockouts; or the unavailability of advertised amenities at the hotel when they make reservations and may experience difficulty canceling their reservations upon arriving and discovering such disruptions.

     The legislature additionally finds that ensuring that hotel guests are notified of any service disruption, or the possibility of a service disruption, and are permitted to terminate reservations without financial consequences is essential to protect travelers from the effects of service disruptions and to ensure the continued vitality of Hawaii's tourism and hotel sector.

     Therefore, the purpose of this Act is to:

     (1)  Require hotelkeepers to provide adequate notice of service disruptions to guests and third-party vendors under certain conditions; and

     (2)  Allow for recovery of damages by injured consumers.

     SECTION 2.  Chapter 486K, Hawaii Revised Statutes, is amended by adding a new section to be appropriately designated and to read as follows:

     "§486K-     Disruption of service; notice to third-party vendors and guests required; damages recoverable.  (a)  At the onset of a service disruption or of notice that a service disruption may occur, 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.  The keeper shall provide notice before accepting or entering into any new reservation, booking, or agreement for the use of a room or hotel service; provided that if the circumstances of the service disruption make timely notification impracticable, the keeper shall provide notice as soon as practicable.

     (b)  The notification shall describe:

     (1)  The nature of the service disruption;

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

     (3)  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).

     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.

     (c)  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.

     (d)  At the onset of a service disruption or of notice that a service disruption may occur, the keeper shall immediately and clearly notify all guests and hotel service users of the service disruption pursuant to subsections (a) and (b).  Regardless of whether the keeper provides the notice, 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 or of notice that a service disruption may occur.

     (e)  Any keeper that violates or causes another person to violate this section shall forfeit to the injured party three times the amount of:

     (1)  The sum charged for each day that a notice was required under subsection (a) or (d) but was not provided; and

     (2)  Any fee, penalty, or other charge imposed or deposit retained in violation of subsection (c).

     (f)  Any person who is injured by any violation of this section may:

     (1)  Sue for damages sustained by the person and, if the judgment is for the plaintiff, the plaintiff shall be awarded a sum of no less than $1,000 or threefold damages sustained by the plaintiff, whichever is greater, and reasonable attorney's fees together with the costs of the suit; and

     (2)  Bring proceedings to enjoin the violation and, if the decision is for the plaintiff, the plaintiff shall be awarded reasonable attorney's fees together with the costs of the suit.

     The remedies under this subsection are cumulative and may be brought in a single action.

     (g)  As used in this section:

     "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.

     "Service disruption" means any of the following conditions:

     (1)  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;

     (2)  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;

     (3)  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;

     (4)  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;

     (5)  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;

     (6)  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;

     (7)  Any strike, lockout, or other work stoppage; or

     (8)  Any lawful picketing or demonstration at or adjacent to the hotel:

          (A)  That creates noise that disturbs a guest of the hotel; or

          (B)  That the hotel has notice of and that is likely to create noise that may disturb a guest of the hotel.

     "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."

     SECTION 3.  This Act does not affect rights and duties that matured, penalties that were incurred, and proceedings that were begun before its effective date.

     SECTION 4.  This Act shall not be applied so as to impair any contract existing as of the effective date of this Act in a manner violative of either the Hawaii State Constitution or article I, section 10, of the United States Constitution.

     SECTION 5.  New statutory material is underscored.

     SECTION 6.  This Act shall take effect on July 1, 3000.

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.  Allows for recovery of damages by injured consumers.  Effective 7/1/3000.  (HD1)

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

A BILL FOR AN ACT

relating to hotels.

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

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

     "§486K-    Disruption of service; notice to third-party vendors and guests required; damages recoverable.  (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.  The keeper shall provide notice before accepting or entering into any new reservation, booking, or agreement for the use of a room or hotel service; provided that if the circumstances of the service disruption make timely notification impracticable, the keeper shall provide notice as soon as practicable.

     (b)  The notification shall describe:

     (1)  The nature of the service disruption;

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

     (3)  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).

     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.

     (c)  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.

     (d)  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).  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.

     (e)  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.

     (f)  For purposes of this section:

     "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.

     "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:

     (1)  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;

     (2)  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;

     (3)  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;

     (4)  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;

     (5)  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;

     (6)  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

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

     "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."

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

     SECTION 3.  New statutory material is underscored.

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

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.  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.

STAND. COM. REP. NO.  748

Honolulu, Hawaii

                , 2025

RE:   H.B. No. 594

      H.D. 2

Honorable Nadine K. Nakamura

Speaker, House of Representatives

Thirty-Third State Legislature

Regular Session of 2025

State of Hawaii

Madame:

     Your Committee on Judiciary & Hawaiian Affairs, to which was referred H.B. No. 594, H.D. 1, entitled:

"A BILL FOR AN ACT RELATING TO HOTELS,"

begs leave to report as follows:

     The purpose of this measure is to:

     (1)  Require hotelkeepers to provide adequate notice of service disruptions to guests and third-party vendors under certain conditions; and

     (2)  Allow for recovery of damages by injured consumers.

     Your Committee received testimony in support of this measure from the Hawaii State AFL-CIO and UNITE HERE Local 5.  Your Committee received testimony in opposition to this measure from the Kohala Coast Resort Association.

     Your Committee finds travelers staying in hotels are often vulnerable to service disruptions that they may not be aware of at the time of booking.  To protect travelers and maintain the vitality of the tourism sector, your Committee believes that it is essential for hotels to notify guests of potential disruptions and allow them to cancel reservations without penalty.

     Your Committee has amended this measure by:

     (1)  Amending the circumstances under which a guest may terminate any remaining period of a reservation, booking, or agreement for the use of a room or hotel service without being assessed a fee, penalty, or other charge or forfeiting certain deposits;

     (2)  Amending the amount of damages that a hotelkeeper must pay to an injured consumer;

     (3)  Deleting language that would have established a private right of action by an injured consumer;

     (4)  Clarifying that the term "guest" includes hotel service users; and

     (5)  Making technical, nonsubstantive amendments for the purposes of clarity, consistency, and style.

     As affirmed by the record of votes of the members of your Committee on Judiciary & Hawaiian Affairs that is attached to this report, your Committee is in accord with the intent and purpose of H.B. No. 594, H.D. 1, as amended herein, and recommends that it be referred to your Committee on Consumer Protection & Commerce in the form attached hereto as H.B. No. 594, H.D. 2.

Respectfully submitted on behalf of the members of the Committee on Judiciary & Hawaiian Affairs,

STAND. COM. REP. NO.  127

Honolulu, Hawaii

                , 2025

RE:   H.B. No. 594

      H.D. 1

Honorable Nadine K. Nakamura

Speaker, House of Representatives

Thirty-Third State Legislature

Regular Session of 2025

State of Hawaii

Madame:

     Your Committee on Tourism, to which was referred H.B. No. 594 entitled:

"A BILL FOR AN ACT RELATING TO HOTELS,"

begs leave to report as follows:

     The purpose of this measure is to:

     (1)  Require hotelkeepers to provide adequate notice of service disruptions to guests and third-party vendors under certain conditions; and

     (2)  Allow for recovery of damages.

     Your Committee received testimony in support of this measure from UNITE HERE Local 5.  Your Committee received comments on this measure from the Department of the Attorney General.

     Your Committee finds that this measure would protect consumers and help Hawaii maintain a positive image even among visitors who face hotel service disruptions during their stays.

     Your Committee has amended this measure by:

     (1)  Adding a preamble;

     (2)  Clarifying the conditions under which a hotelkeeper must provide notification to consumers of service disruptions;

     (3)  Specifying that regardless of whether the hotelkeeper provides the required notice, a consumer may terminate any remaining period of a reservation, booking, or agreement for the use of a room or hotel service without being assessed a fee, penalty, or other charge or forfeiting certain deposits;

     (4)  Modifying the amount of damages that a hotelkeeper must pay to an injured consumer;

     (5)  Allowing a private right of action by an injured consumer;

     (6)  Amending the definition of "service disruption";

     (7)  Adding a provision that protects against the impairment of contracts;

     (8)  Changing its effective date to July 1, 3000, to encourage further discussion; and

     (9)  Making technical, nonsubstantive amendments for the purposes of clarity, consistency, and style.

     As affirmed by the record of votes of the members of your Committee on Tourism that is attached to this report, your Committee is in accord with the intent and purpose of H.B. No. 594, as amended herein, and recommends that it pass Second Reading in the form attached hereto as H.B. No. 594, H.D. 1, and be referred to your Committee on Judiciary & Hawaiian Affairs.

Respectfully submitted on behalf of the members of the Committee on Tourism,