D.C. Mun. Regs. tit. 14, r. 14-1312

Current through Register Vol. 71, No. 49, December 6, 2024

Rule 14-1312 - [Effective until 4/3/2023] SERVICE DISRUPTIONS

1312.1

(a) Within twenty-four (24) hours after becoming aware of a service disruption, the operator of a hotel or motel shall provide notification of the service disruption to each third-party vendor or each guest who has entered into a reservation, booking, or agreement with the operator for the use or occupancy of a room if the service disruption could reasonably be expected to substantially affect such room or such guest's stay or use of a service at the establishment. Where the circumstances of the service disruption make providing notification within twenty-four (24) hours impracticable, the operator shall provide notification as soon as practicable.

(b) The operator of a hotel or motel shall provide notification of a known service disruption before accepting or entering into any new reservation, booking, or agreement for the use or occupancy of a room or service that could reasonably be substantially affected by such service disruption.

(c) The operator of a hotel or motel shall provide notification of a known service disruption to any current guest who is substantially affected by such service disruption within twenty-four (24) hours of becoming aware of the service disruption.

1312.2

A notification provided pursuant to subsection 1312.1 shall describe:

(a) The nature of the service disruption;

(b) The extent of the service disruption's effect on reservations, bookings, or agreements to use or occupy such room or services;

(c) The guest's rights and owner's responsibilities with respect to the service disruption, which shall at a minimum include that:

(1) The guests of such room or service, upon notice of the service disruption or prior to checking in, may cancel or terminate their reservation, booking, or agreement for the rental of such room or use of such service;

(2) The operator of the hotel or motel shall not impose any fee, penalty, or other charge for such termination, nor retain any deposit related to any unused portion of the period of the reservation, booking, or agreement following the onset of the service disruption unless the operator provided prior, prominent and clear notice of such service disruption consistent with subsection 1312.1; provided, that if such notice is included in a communication containing other information, the notice shall be in a larger font than the remainder of the communication.

1312.3

Any District agency with authority over any subject matter covered by this section may enforce the provisions of this section relevant to that authority. Such an agency shall provide notice to the Department of Licensing and Consumer Protection of any enforcement action taken by the agency under this section.

1312.4

An operator of a hotel or motel that violates a provision of this section shall be subject to the civil penalties set forth in 16 DCMR § 3305.

1312.5

For the purposes of this section, the following words and terms shall have the meanings ascribed:

"Service disruption" - Any of the following conditions or circumstances that substantially affects or reasonably could substantially affect any guest's use of a room or use of a service at a hotel^AFT or motel:

(1) Construction work in or adjacent to the hotel or motel that is substantially likely to create a noise that disturbs a guest of the hotel or motel, and of which the operator has written notice;

(2) Conditions or circumstances existing in the hotel or motel of which the operator is aware that threaten public health or safety, including the presence or infestation by bed bugs, lice, or other insects, rodents or other vermin capable of spreading disease or being carried, including on one's person, if such infestation has not been fully treated within twenty-four (24) hours after identifying it;

(3) The unavailability, for a period of forty-eight (48) hours or more, of any advertised amenity of the hotel or motel, including, but not limited to, a pool, spa, shuttle service, or food and beverage service;

(4) The unavailability, for a period of forty-eight (48) hours or more, of any advertised room appliances or technology of the hotel or motel, including but not limited to, in-room refrigerators, or internet or Wi-Fi services;

(5) The unavailability of any advertised or legally required accessibility feature of the hotel or motel, including, but not limited to, the inoperability of a majority of the elevators, wheelchair lift, ramp, or accessible bathroom in such room or in any common area of the establishment;

(7) The unavailability for a period of twenty-four (24) hours or more, of any utility service to the hotel or motel or a guest room, including, but not limited to, gas, water, or electricity; or

(8) Any First Amendment assembly (as defined in 24 DCMR 705.2), whether or not permitted, in or adjacent to the hotel or motel that is reasonably foreseeable to occur during a guest's stay and substantially likely to create noise that disturbs a guest of the hotel or motel, and of which the operator has written notice.

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

D.C. Mun. Regs. tit. 14, r. 14-1312

Final Rulemaking published at69 DCR 10450 (8/12/2022); amended by Final Rulemaking published at 69 DCR 15230 (12/16/2022)