Hospitality Law: Managing Legal Issues

in the Hospitality Industry, 5th Edition ■

Ebook PDF Version
Visit to download the full and correct content document:
https://ebookmass.com/product/hospitality-law-managing-legal-issues-in-the-hospitalit
y-industry-5th-edition-ebook-pdf-version/
Hospitality Law
5th Edition
 Hospitality Law
Managing Legal Issues in the Hospitality Industry

5th Edition

STEPHEN BARTH, J.D.

Conrad N. Hilton College of Hotel and Restaurant Management
University of Houston
Attorney and Founder of HospitalityLawyer.com

DIANA S. BARBER, J.D., CHE, CWP

Michael A. Leven School of Culinary and Sustainability and Hospitality
University College
Kennesaw State University
VP AND EDITORIAL DIRECTOR George Hoffman
EDITORIAL DIRECTOR Veronica Visentin
ACQUISITIONS EDITOR Elena Herrero
EDITORIAL ASSISTANT Ethan Lipson
EDITORIAL MANAGER Gladys Soto
CONTENT MANAGEMENT DIRECTOR Lisa Wojcik
CONTENT MANAGER Nichole Urban
SENIOR CONTENT SPECIALIST Nicole Repasky
PRODUCTION EDITOR Annie Sophia Thapasumony
COVER PHOTO CREDIT © tanawat_c /iStockphoto;
DNY59 /iStockphoto;
AnthiaCumming /iStockphoto;
sebastian-julian /iStockphoto

This book was set in Source Sans Pro 9.5/12.5 by SPi Global and printed and bound by Lightning Source, Inc.

Founded in 1807, John Wiley & Sons, Inc. has been a valued source of knowledge and understanding for more
than 200 years, helping people around the world meet their needs and fulfill their aspirations. Our company is
built on a foundation of principles that include responsibility to the communities we serve and where we live
and work. In 2008, we launched a Corporate Citizenship Initiative, a global effort to address the environmen-
tal, social, economic, and ethical challenges we face in our business. Among the issues we are addressing are
carbon impact, paper specifications and procurement, ethical conduct within our business and among our ven-
dors, and community and charitable support. For more information, please visit our website: www.wiley.com/
go/citizenship.

Copyright © 2017, 2012, 2009, 2006 John Wiley & Sons, Inc. All rights reserved. No part of this publication may be
reproduced, stored in a retrieval system, or transmitted in any form or by any means, electronic, mechanical, pho-
tocopying, recording, scanning or otherwise, except as permitted under Sections 107 or 108 of the 1976 ­United
States Copyright Act, without either the prior written permission of the Publisher, or authorization through
payment of the appropriate per-copy fee to the Copyright Clearance Center, Inc., 222 Rosewood Drive, Danvers,
MA 01923 (Web site: www.copyright.com). Requests to the Publisher for permission should be addressed to the
Permissions Department, John Wiley & Sons, Inc., 111 River Street, Hoboken, NJ 07030-5774, (201) 748-6011,
fax (201) 748-6008, or online at: www.wiley.com/go/permissions.

Evaluation copies are provided to qualified academics and professionals for review purposes only, for use in their
courses during the next academic year. These copies are licensed and may not be sold or transferred to a third
party. Upon completion of the review period, please return the evaluation copy to Wiley. Return instructions
and a free of charge return shipping label are available at: www.wiley.com/go/returnlabel. If you have chosen to
adopt this textbook for use in your course, please accept this book as your complimentary desk copy. Outside of
the United States, please contact your local sales representative.

ISBN: 978-1-119-30504-0 (PBK)

ISBN: 978-1-118-98920-3 (EVALC)

Library of Congress Cataloging in Publication Data:

Names: Barth, Stephen C., author. | Barber, Diana S., author.

Title: Hospitality law : a manager’s guide to legal issues in the hospitality
industry / Stephen C. Barth, Diana S. Barber.
Description: Fifth edition. | Hoboken, NJ : John Wiley & Sons Inc., 2017. |
Includes bibliographical references and index.
Identifiers: LCCN 2017004049 (print) | LCCN 2017005651 (ebook) | ISBN
9781119305040 (pbk.) | ISBN 9781119299134 (Adobe PDF) | ISBN 9781119299097
(ePub)
Subjects: LCSH: Hotels—Law and legislation—United States. | Hospitality
industry—Law and legislation—United States.
Classification: LCC KF2042.H6 B368 2017 (print) | LCC KF2042.H6 (ebook) | DDC
343.7307/864794—dc23
LC record available at https://lccn.loc.gov/2017004049

The inside back cover will contain printing identification and country of origin if omitted from this page.
In addition, if the ISBN on the back cover differs from the ISBN on this page, the one on the back cover is
correct.
 Contents
PREFACE ix
ACKNOWLEDGMENTS xiii
4 Contract Basics 59

4.1 Introduction to Contracts 59

1 Prevention Philosophy 1 4.2
1.1 The Future Hospitality Manager and the Legal
Environment 1
1.2 The Hospitality Manager and Legal
Management 2
Legally Managing at Work: Applying the STEM
Process in Hospitality Management 5
1.3 Ethics and the Law 6
International Snapshot: Mitigating Risks
Associated with Legal and Ethical Compliance in
International Business Transactions 12
What Would You Do? 13
What Did You Learn in this Chapter? 13
Components of an Enforceable Contract 61
4.3 The Uniform Commercial Code 64
4.4 Preventative Legal Management and Contracts 65
Legally Managing at Work: Eight Steps to Follow
When Entering into Contracts 67
Legally Managing at Work: Reducing No-Show
Reservations 70
International Snapshot: International Contracts 71
What Would You Do? 72
What Did You Learn in this Chapter? 72
5 Significant Hospitality
Contracts 73

5.1 Specific Contract Clauses 73

2 Government Agencies that Impact 5.2 Franchise Contracts 80
the Hospitality Industry 15 5.3 Management Contracts 84
5.4 Conference Services Contracts 87
2.1 Federal Regulatory and Administrative International Snapshot: A Comparison of Franchise
Agencies 15 Disclosure Requirements under U.S. Law and
2.2 State Regulatory and Administrative Agencies 29 International Law 93
2.3 Local Regulatory and Administrative Agencies 33 What Would You Do? 94
2.4 Regulatory Interaction and Oversight Impacting What Did You Learn in this Chapter? 94
Travel and Tourism 35
2.5 Managing Conflicting Regulations 40 6 Legally Managing Property 95
Legally Managing at Work: Recommended Steps
for Responding to Inquiries and Complaints by 6.1 Introduction to Property 95
Government Agencies 40 6.2 Purchasing Property 97
2.6 Responding to an Inquiry 41 6.3 Financing the Purchase of Property 102
2.7 Monitoring Regulatory Change 42 6.4 Leasing Property 105
International Snapshot 42 Legally Managing at Work: Legal Considerations
What Would You Do? 43 of Buying versus Leasing 109
What Did You Learn in this Chapter 44 6.5 Respecting Intellectual Property Rights 110
International Snapshot: U.S. Hotel Companies’
3 Hospitality Business Structures 45 Options for Seeking Trademark Protection
Abroad 114
3.1 The Importance of Business Structure 45 What Would You Do? 115
3.2 Common Hospitality Organizational What Did You Learn in this Chapter? 115
Structures 46
3.3 Common Hospitality Operating Structures 51 7 Legally Selecting Employees 117
3.4 The Agency Relationship 55
International Snapshot: A Comparative Overview 7.1 Employee Selection 117
of Business Entities in the Hotel Industry 58 7.2 Discrimination in the Selection Process 126
What Would You Do? 58 Legally Managing at Work: Accommodating
What Did You Learn in this Chapter? 58 Disabled Employees 128
vi Contents
7.3 Verification of Eligibility to Work 129
7.4 The Employment Relationship 134
International Snapshot: Canadian Employment
Laws 137
What Would You Do? 138
What Did You Learn in this Chapter? 138
8 Legally Managing Employees
8.1 Employment Relationships 139
8.2 Workplace Discrimination and Sexual
Harassment 141
8.3 Family and Medical Leave Act 148
8.4 Uniform Services Employment and Reemployment
Rights Act 149
8.5 Compensation 149
Legally Managing at Work: Calculating Overtime
Pay for Tipped Employees 154
8.6 The Patient Protection and Affordable Care Act
of 2010 156
8.7 Managing Employee Performance 157
Legally Managing at Work: Guidelines for Conducting
Defensible Employee Terminations 160
8.8 Unemployment Claims 161
8.9 Employment Records and Retention 164
8.10 Employment Posting 166
8.11 Workplace Surveillance 166
International Snapshot: Managing Employees
Abroad 168
What Would You Do? 169
What Did You Learn in this Chapter? 169
9 Your Responsibilities as a
Hospitality Operator 171
9.1 Duties and Obligations of a Hospitality
Operator 171
9.2 Theories of Liability 172
9.3 Legal Damages 176
9.4 Anatomy of a Personal Injury Lawsuit 176
Legally Managing at Work: The Manager’s Role in
Litigation 180
9.5 Responding to an Incident 180
Legally Managing at Work: Responding to an
Accident 181
International Snapshot: Negligence 184
What Would You Do? 184
What Did You Learn in this Chapter? 185
10 Your Responsibilities as a
Hospitality Operator to Guests
10.1 Accommodating Guests 187
10.2 Guest Privacy 191
Legally Managing at Work: Law Enforcement and
Guest Privacy 192
10.3 Facility Maintenance 193
Legally Managing at Work: Five Steps to Facility
Evaluation 196
10.4 Responsibilities to Nonguests 197
10.5 Removal of Guests 198
139 Legally Managing at Work: Responding to Guest
Health Emergencies 200
International Snapshot: Should Foreign
Governments Adopt Provisions from the USA
PATRIOT Act to Combat Terrorist Acts against the
Hospitality Industry? 200
What Would You Do? 201
What Did You Learn in this Chapter? 201
11 Your Responsibilities for Guests’
Property 203
11.1 Liability For Guests’ Property 203
11.2 Bailments 205
11.3 Property with Unknown Ownership 209
Legally Managing at Work: Disposing of Found
Property 211
International Snapshot: Limited Liability of
Innkeepers in Canada 211
What Would You Do? 212
What Did You Learn in this Chapter? 212
12 Your Responsibilities When Serving
Food and Beverages 213
12.1 Serving Food 213
Legally Managing at Work: Steps to Take
When a Guest Complains of Foodborne
Illness 215
12.2 Truth-in-Menu Laws 216
12.3 Serving Alcohol 221
International Snapshot: Understanding Barriers to
Entry and Regulatory Requirements for Foreign
Producers of Alcohol Seeking to Import to the
United States 228
What Would You Do? 228
What Did You Learn in this Chapter? 229
13 Legal Characteristics of Travel
and Tourism 231
13.1 Travel 231
187 13.2 Travel Agents and Tour Operators 235
13.3 Transportation and Common Carriers 240
13.4 Tourism 246
13.5 Online Travel Sales 251
   Contents vii

Legally Managing at Work: Internet Advertising Legally Managing at Work: Guest Relations in a
Checklist 255 Crisis Situation 278
International Snapshot: Government Support of Legally Managing at Work: Guidelines for Dealing
Tourism 255 with the Media during a Crisis 279
What Would You Do? 256 International Snapshot: Legal Claims and Recovery
What Did You Learn in this Chapter? 257 for Injury under Mexican Law 281
What Would You Do? 282
14 Safety and Security Issues 259 What Did You Learn in this Chapter? 282

14.1 The Importance of a Protected Environment 259 15 Managing Insurance 283

14.2 Safety and Security Programs: Four-Step Safety
and Security Management Method 262 15.1 Introduction to Insurance 283
Legally Managing at Work: Establishing an Effective 15.2 Types of Coverage 285
Guestroom Lock Policy 266 15.3 Selecting an Insurance Carrier 289
14.3 Crimes against Hospitality Businesses 268 15.4 Selecting the Insurance Policy 289
Legally Managing at Work: Procedures to Reduce 15.5 Policy Analysis 290
the Incidence of Skipping 269 International Snapshot: Hotels Operating
Legally Managing at Work: Guidelines for Handling Internationally Need to Think Globally 292
Credit Cards 270 What Would You Do? 293
Legally Managing at Work: Personal Check What Did You Learn in this Chapter? 294
Verification 271
14.4 Human Trafficking 273 GLOSSARY 295
14.5 Crisis Management Programs 274 INDEX 301
Legally Managing at Work: The Manager’s
Responsibilities in a Crisis 277

Hospitality Law: Managing Legal Issues in the Hospitality
Industry, Fifth Edition, was written to help teach hospitality
students what they need to know to manage a facility legally,
safely, and securely.
In the day-to-day operation of a hospitality facility, it is the
manager, not the company attorney, who will most influence
the legal position of the operation. Rarely will you find a
hospitality manager who is also a licensed attorney. However,
professional hospitality managers (and, by extension, their
staffs) make decisions every day based on their own interpre-
tation of the law. The quality of these decisions will ultimately
determine whether lawyers and the expense of fees, trials, and
potential judgments may become necessary. A few examples
will help illustrate this fact:
• A restaurant guest is unhappy with the quality of service
provided during his meal. He complains to the manager
and angrily demands his money back, but his meal has
been eaten.
• Is the guest legally entitled to a refund?
• A hotel guest maintains that a $50 bill she had left on her
bedside table was gone when she returned to her room after
going out for lunch.
• Is the hotel required to replace the funds?
• A resort employee is arrested by the local police for driving
under the influence of alcohol. He is employed by the hotel
as a van driver but was not on duty at the time of the arrest.
• Should the hotel suspend his employment?
• A hotel food and beverage director is presented a bottle
of rare and expensive wine as a Christmas gift from her
linen vendor.
• Can she legally accept the gift without threatening her
employment status?
• A franchise restaurant owner receives a letter from her fran-
chisor stating that the “casual Friday” dress code policy
recently adopted by the owner is in violation of the franchise
agreement.
• Must the owner change her policy?
These examples are just a few of the thousands of legal
issues that daily confront hospitality managers. Obviously, it
would be very expensive to consult an attorney each time a
legal issue arises. It is also true, however, that making the wrong
decision in any of these cases could result in tremendous costs
in legal fees and settlements or in costly negative publicity.
Because that is true, a hospitality student’s and a professional
manager’s greatest need is to understand how they can act in
ways to ensure that they are managing legally in the hospitality
Preface
industry. Hospitality Law: Managing Legal Issues in the
Hospitality Industry, Fifth Edition, will show them how.
New to This Edition
Organization: The Fifth Edition maintains the more logical
flow that was developed in the prior editions. Throughout
the book, changes to the law have been updated and
revised to ensure that the most current information is
presented.
Web exercises: Each of the Search the web exercises have
been updated to ensure accuracy and enrich the learning
experience. Strategic links have also been added to ensure
they are current as the law changes between editions.
Access to actual legal cases: Summaries of actual legal
cases are now a part of the instructor’s manual and will be
useful in a class setting to further illustrate and practically
apply the law. In addition, faculty and students are able to
access an annual case summary of over 100 of the most sig-
nificant hospitality case decisions made during a particular
year by logging into Solutions at http://hospitalitylawyer.
com/solutions/find-academic-resources/hospitality-law-
textbook-support/, then the Find Academic Resources sec-
tion, and then clicking on the blue highlighted text
Hospitality Law Textbook Support, and finally Referenced
Cases on hospitalitylawyer.com, where you will also find
downloadable PowerPoints and links to the cases cited
in the book.
International Snapshots are included for each chapter to
give the instructor and students a different perspective on
legal issues. Each of these was contributed by practicing
attorneys or professionals in their field and describe the dif-
ferences between U.S. law and the international arena in
general or as it compares to a particular foreign country.
Travel and tourism: Continuing the trend on globalization,
Chapter 13, “Legal Responsibilities in Travel and Tourism,”
has an added dimension, including medical tourism and
corporate travel risks. Chapter 15, “Managing Insurance,”
has added information on cyber insurance.
Additionally, information on relevant recent events and
trends has been added throughout, including:
• Evolving laws on the use of cannabis
• Obamacare (The Patient Protection and Affordable Care
Act)
• Do’s and Don’ts of media interaction
ix
x Preface
• Human Trafficking concerns
• Sharing Economy (ex. Airbnb and Uber)
• Trade secrets used by former employees
• Data privacy and security breaches
• Allergy, nutrition, and all new food labeling concerns in the
food and beverage arena
• Terrorist attacks, travel warnings, and the PATRIOT ACT
• Employment discrimination including pregnancy and
­genetic information
• USERRA update
The Conceptual
Developmental Process
After teaching hospitality law for several years, we recognized
the need for a different kind of resource that could be used
to teach hospitality students what they need to know about
managing in today’s litigious environment. Accordingly, this
book is built around interactive pedagogy, which exposes
readers to realistic scenarios.
Before developing the first edition of Hospitality Law:
Managing Legal Issues in the Hospitality Industry, a survey
of attorneys and human resource directors at the top 100 U.S.
hospitality organizations was completed. The participants were
asked to identify the primary areas they felt were critical to a
hospitality student’s legal education and training. The most
significant areas of interest focused on the ability to manage
correctly and, thereby, reduce the potential for legal liability.
Thus, preventing liability through a proactive manage­
ment of the law is the dominant theme of this textbook. In all
cases, where issues of content, writing style, and design were
involved, the touchstone for inclusion was simply: “Does this
add to a student’s ability to do the right thing?” If so, it was
considered critical; if not, it was quickly deemed superfluous.
For that reason, this book will look and read very differently
from any other hospitality law textbook on the market. The
legal information in it has been carefully selected and class-
room tested to be clear, understandable, and easy to apply.
This book exposes the reader to many realistic scenarios that
hospitality managers regularly face.
Creating an Interactive
Learning Environment
This textbook has been designed as a necessary tool for a
hospitality law course that will foster an attitude of compli-
ance and prevention in work ethics and personal management
philosophy. Compliance and prevention means gaining an
understanding of how to prevent or limit your legal liability by
complying with legal norms. Instead of approaching the topic
of hospitality law from a traditional case study viewpoint, this
book provides a necessary understanding of the basic founda-
tions and principles of the laws affecting the hospitality indus-
try. Following the presentation of basic principles, the text
goes on to provide guidelines and techniques that show how
to manage preventively and apply a practical legal awareness
prior to taking action.
Much of the book’s effectiveness as a learning tool relies
on participating in an interactive learning process. Several dif-
ferent types of learning features and exercises intended to help
develop a pattern of behavior are included. Their purpose is
to teach you to consider the legal implications of day-to-day
management activities. Finally, in recognition of the impor-
tance of technology, a number of activities showcase the value
of the computer as a lifelong learning tool.
Chapter Outline. Each chapter begins with an outline
that helps demonstrate how topics fit together in the con-
text of the overall subject.
In This Chapter You Will Learn. This section is more than
just a list of learning objectives. This feature identifies con-
crete skills and necessary information that will have been
gained after studying the chapter. This demonstrates how
the information will be useful in management careers.
Legalese. Legal definitions are provided, written in sim-
ple language to help develop the vocabulary and under-
standing needed to follow the law.
Analyze the Situation. These hypothetical but realistic
scenarios illustrate how a legal concept just encountered in
the textbook is relevant to situations that are likely to arise
in the hospitality industry. In many cases, we have inten-
tionally made the facts ambiguous to present a challenge
and encourage thinking through the situation and fostering
discussion in the classroom.
Search the Web. Every chapter includes interactive
Search the Web exercises, which provide URLs to a carefully
chosen collection of Internet sites that hospitality managers
can use to find guidelines, access information, or learn more
about the hospitality industry and the law.
Legally Managing at Work. These sidebars contain prac-
tical legal guidelines for managers, covering a variety of sit-
uations that directly relate to restaurant and hotel
operations. Topics range from recommended steps for man-
agers when responding to guest injuries or health emergen-
cies, legal guidelines for drawing up contracts, and dealing
with the media during an emergency situation.
In this section, checklists, step-by-step procedures, and
written forms will demonstrate how to create policies and
respond to situations in a manner that will help ensure compli-
ance with the law and protect businesses.
International Snapshot. An attorney or industry profes-
sional has compared U.S. legal practices with the same prac-
tices in the international community at large or a specific
country. This section will create an enhanced perspective.
   Preface xi

What Would You Do? These realistic decision-making

scenarios ask readers to put themselves in a situation that
requires them to apply the legal principles they have learned
in the chapter. Many include a concrete activity, and all con-
tain questions that require a personal decision in a set of
circumstances that may be faced in future careers.
What Did You Learn in this Chapter? The main ideas and
objectives of each chapter are briefly summarized here. The
summary can be used as a supplement to, but not as a sub-
stitution for, a thorough review of the chapter material.
Instructor’s Materials
To help instructors manage the large number of exercises,
activities, and discussion questions posed in this textbook, an
Instructor’s Manual is also available to qualified instructors on
the Wiley website at www.wiley.com/college/barth. This site
also includes PowerPoint slides and an updated Test Bank.
Instructors who adopt Hospitality Law, Fifth Edition, can
download the Test Bank for free.

Stay in touch with Stephen Barth. Follow him on Twitter @hospitality_law!

 Acknowledgments
Please welcome Diana S. Barber to the 5th Edition of Perrin Rynders
Hospitality Law. Rick Barrett-Cuetara
Diana is the consummate Hospitality Lawyer, having focused
Dominic Mochrie
on the industry in her private practice, serving as in-house coun-
sel for Ritz-Carlton, all the while researching, publishing, and Andraya Firth
teaching to assist the industry and its customers. Elizabeth DeConti
This edition, like the four before it, was truly a community Neville Bhada
effort. It would be impossible to thank everyone who over the
David Samuels
years has provided me, and now us, with insight or ideas that
made this book possible. Accordingly, for those of you we fail to Elizabeth Demaret
mention personally, please know that it was not an intentional Souwei Ford
oversight. Kenneth Winkler
First, many thanks to David Hayes for his contributions to
Hospitality Law, and for helping to make this book a success. Special thanks go to Annie Sophia Thapasumony and
Thanks, also, to the attorneys and industry professionals JaNoel Lowe of Wiley and Marilyn Faz for their exceptional
who devoted their time and expertise in providing content and assistance in keeping us organized and on track.
the international snapshots. The book is much better due to
their efforts. This edition is dedicated to Diana S. Barber. Welcome aboard!

Weili Cheng STEPHEN BARTH, J.D.

Professor of Hospitality Law & Leadership
Sarah Hawk
Conrad N. Hilton College of Hotel and Restaurant Management
John Vernon University of Houston
San San Lee Attorney and Founder of HospitalityLawyer.com, the
Robert Zarco Hospitality Law Conference Series, and the Global Congress on
Travel Risk Management
Himanshu M. Patel
Robert Cumbow DIANA S. BARBER, J.D., CHE, CWP
Irv Sandman Assistant Professor of Hospitality Law and Liability
Michael A. Leven School of Culinary and Sustainability
Alan Wells
and Hospitality
Allison DiCesare University College
David Comeaux Kennesaw State University

xiii
 CHAPTER 1
Prevention Philosophy
The Future Hospitality
1.1 CHAPTER OUTLINE
1.1. The Future Hospitality Manager and the Legal
Manager and the Legal Environment
1.2. The Hospitality Manager and Legal
Environment Management
1.3. Ethics and the Law
“Hospitality law is a legal and social practice related to the treatment of
a person’s guests or those who patronize a place of business. Related to IN THIS CHAPTER, YOU WILL LEARN
the concept of legal liability, hospitality laws are intended to protect both
1. Why the study of laws related to hospitality is
hosts and guests against injury, whether accidental or intentional.”1 In important.
other words, hospitality law is the body of law relating to the foodservice,
2. The historical origins of the law and its evolu-
travel, and lodging industries governing the specific nuances of transpor-
tionary nature.
tation, hotels, restaurants, bars, spas, theme parks, country clubs, con-
ventions, events, and more. 3. A philosophical framework to help prevent legal
Hospitality managers must be multitalented individuals. In addition difficulties before they begin.
to knowledge of their own designated area of expertise, such as food and 4. How to evaluate management actions on an
beverage, marketing, accounting, or rooms management, hospitality ethical basis.
managers are often called on to assume specialized roles, such as
employee counselor, interior designer, facility engineer, or computer sys-
tems analyst. Given the complexity of the modern business world, it is
simply a fact that the skill level required for success today in this field is
greater than it was in the past.
Hospitality management has always been a challenging profession.
Whether in a casino, a school lunch program, a five-star hotel, a sports
stadium concession program, or myriad other environments, hospitality
managers are required to have a breadth of skill not found in many other
areas of management. Hospitality managers are in charge of securing
raw materials, producing a product or service, and selling it—all under
the same roof. This makes them very different from their manufacturing
counterparts (who are in charge of product production only) and from
their retail counterparts (who sell, but do not manufacture, the product).
Perhaps most important, the hospitality manager has direct contact with
guests, the ultimate end users of the products and services supplied by
the industry.
Additionally, hospitality managers are called on frequently to make
decisions that will, in one manner or another, impact the legal standing of
their employers. Robert James, founder of one of the largest hotel
contract management companies in the United States, once estimated
that 60 to 70 percent of the decisions he made on a daily basis involved
some type of legal dimension. This is not to say that a hospitality manager

1
https://en.wikipedia.org/wiki/Hospitality_law 1
2 CHAPTER 1 Prevention Philosophy
needs to be an attorney. He or she does not. However, the
decisions made may or may not increase the organization’s
chance of needing the services of an attorney.
Consider the situation in which a hospitality manager is
informed that a guest has slipped and fallen in an area of the
dining room containing a salad bar. It appears that the guest
had been serving himself and slipped on a piece of lettuce
dropped by a previous guest. Was this a simple accident? Could
it have been prevented? Is the restaurant responsible? What
medical attention, if any, should the manager be prepared to
provide? What if the injuries are severe? Should the restaurant
be held responsible? Can the restaurant manager be held per-
sonally responsible? Most important, what should the manager
actually do when the incident is brought to his or her attention?
What, if anything, should the employees do? Who is responsi-
ble if the employees were not trained in what to do?
From this example, it is clear that the hospitality manager
is in a position to profoundly influence the legal position of the
operation. Day after day, in hundreds of situations, the actions
of hospitality managers will influence the likelihood of the
business or the manager becoming the subject of litigation.
There is a unique body of law relating to the foodservice,
travel, and lodging industries. These laws have developed over
time as society and the courts have sought to define the rela-
tionship between the individual or business serving as the host
and the individual who is the guest. This textbook will give you
up-to-date information on the most important of those special
laws and relationships. That is not to imply, however, that this
book is designed to make you a lawyer. What it will do, if you
use it properly, is train you to think like one. It will teach you
to consider carefully how the actions taken by you and those
you work with will be viewed in a legal context. The industry’s
very best legal educators, hospitality managers, writers, and
reviewers have created this book especially for you. They all
speak with one voice when they say, “Welcome to the exciting
world of hospitality management!” As an industry, we need your
skill, ability, and creativity. This textbook, if studied ­carefully,
will help you become the hospitality manager you deserve to
be and that our industry and guests require you to be.
The Hospitality Manager
1.2
and Legal Management
Jack P. Jefferies, who served for more than 20 years as legal
counsel for the American Hotel and Lodging Association
LEGALESE
Attorney: Any person trained and legally authorized to act on behalf
of others in matters of the law.
Litigation: The act of initiating and carrying on a lawsuit, often used
to refer to the lawsuit itself.
Law: The rules of conduct and responsibility established and
­enforced by a society.
(AH&LA), has stated: “Over 135,000 new federal and state laws
are issued annually, as well as hundreds of thousands of feder-
al and state administrative rules.”2 With this much change in
the law, some believe that the topic is too complex to learn in
an introductory course or from one book. In addition, they
would argue that because the law is constantly changing, even
if an individual learned the law today, his or her knowledge
would be out of date in a very short time.
Although these positions are understandable, they argue
for, not against, the future hospitality manager’s study of legal
management.
Although the law is indeed complex, certain basic princi-
ples and procedures can be established that will minimize a
manager’s chances of encountering legal difficulty. Since it is
possible to prevent legal difficulty by anticipating it before-
hand, it is less important to know, for example, the specific
rules of food safety in every city than it is to know the basic
principles of serving safe food. No one, not even the best law-
yer, can be expected to know everything about every area of
the law. In the same way, hospitality managers are not required
to have a comprehensive knowledge of every law or lawsuit
that impacts their industry. What they must know is how to
effectively manage their legal environment. To begin this jour-
ney, it is important to grasp three key concepts:
1. Laws have historical origins, and managers need to
know them.
2. Laws have an evolutionary nature, based on changes
in society.
3. It is possible to use a philosophy of preventative manage-
ment to manage the legal environment and minimize the
chances of litigation.
Historical Origins of the Law
Common law and civil law are the two major systems of law
in place in the Western world. Common law is the body of law
that has descended from the law created in Great Britain and is
used in the United States and most countries in the British
Commonwealth. Civil law is descended from the law created in
the Roman Empire and is used by most Western European
countries, as well as Latin America, Asia, and Africa. Although
both legal systems certainly defy oversimplification, it can
generally be said that common law comes from reviewing past
litigation that has been decided by the courts. It is greatly
2
Jack P. Jefferies, Understanding Hospitality Law, 3rd ed. (East Lansing, MI: The
Educational Institute of the American Hotel and Lodging Association, 1995).
Common law: Laws derived from the historical customs and usage
of a society and the decisions by courts when interpreting those
customs and usages.
Civil law: The body of law (usually in the form of codes or statutes)
created by governmental entities that are concerned with private
rights and remedies, as opposed to criminal matters.

interested in precedent or what has been decided in previous
court cases with similar situations or facts.
In civil law, decisions evolve based on written laws or
codes. Judges in civil law feel less bound by what others have
decided before them and more compelled by the law as it has
been established by government bodies. Given the nearness of
countries within Europe and the influence of the British Empire,
it is no wonder that these two great legal systems frequently
operated in close proximity, which has often blurred their dis-
tinctions. Interestingly, the term civil law is actually used in
the common law system to refer to private law (or private dis-
putes), as opposed to public or criminal matters.
Common law developed in England following the Norman
Conquest. In common law, the principle of stare decisis is fol-
lowed. A decision made by a higher court must be obeyed by
all lower courts. In this manner, citizens know which actions
are legal and which are punishable. Essentially, the purpose of
the common law was to interpret and enforce rules related to
the granting of land by the British monarchy to those subjects
deemed worthy of such land grants. The barons who received
this land would often grant parts of it to those they felt were
deserving. The courts that were created at this time were
charged with overseeing the peaceful resolution of disputes
regarding land, inheritance, marriage, and other issues related
to land grants.
Between 1765 and 1769, an Englishman, Sir William Black-
stone, wrote four volumes he titled the Commentaries. In these
books, Blackstone sought to compile a general overview of
all the common law of his time. Blackstone’s work formed
the basis for much of the law in the New World, as his work
migrated there with the English colonial settlers. Laws related
to those in the hospitality industry were, of course, included.
Despite the anger against Britain that resulted in the Rev-
olutionary War, the colonists of the soon-to-be United States
embraced the common law as their favored rules of conduct
and responsibility. Blackstone’s work was widely used as a
textbook in the law schools of the new country, and it influ-
enced many of its early law students, including Thomas Jeffer-
son, John Marshall, James Monroe, and Henry Clay. Inevitably,
succeeding generations throughout the history of the United
States have taken the common law as they have found it and
modified it to meet the needs of their ever-changing society.
Evolutionary Nature of Common Law
It should come as no surprise that a rapidly changing soci-
ety will often revise its rules of conduct and responsibility.
This is true in society as a whole and in how society views the
LEGALESE
Stare decisis: The principle of following prior case law.
   The Hospitality Manager and Legal Management 3
hospitality industry. In the United States of the 1850s, obvi-
ously, one would not have been expected to find a law requir-
ing a certain number of automobile parking spaces to be
designated for people with disabilities seeking to enjoy an eve-
ning meal at the town’s finest restaurant because the world in
that era contained neither the automobile nor the inclination
of society to grant special parking privileges to those who were
disabled. In today’s society, we have both. What changed?
First, the physical world changed. We now have automobiles
along with the necessity of parking them. More significant,
however, is the fact that society’s view of how people with dis-
abilities should be treated has changed. Parking ordinances
today require designated “disabled” parking spaces, gener-
ally located close to the main entrances of buildings to ensure
easy access. Not only is it good business to have such spaces,
but current laws also mandate that the hospitality manager
provide them.
Another example of evolving law is that certain state laws
now allow their citizens to use cannabis oil, hemp oil, and other
related substances that have historically been and are still on
the federal list of prohibited drugs for consumption. Consump-
tion is sometimes regulated and restricted to medicinal pur-
poses, but some states have legalized or decriminalized the use
of cannabis or marijuana for personal recreational purposes.
Hospitality managers need to be familiar with their own state’s
laws and how these laws affect operations and employment
situations.
In this case, parking requirements grew out of a law cre-
ated at the federal government level. The law is called the
Americans with Disabilities Act (ADA). This act, and its many
applications to hospitality, will be discussed in greater detail in
Chapters 7 and 10, “Legally Selecting Employees” and “Your
Responsibilities as a Hospitality Operator to Guests.” It is men-
tioned here to illustrate that laws evolve just as society evolves.
Changes in society lead to changes in the law.
Search the Web 1.1
Go to the Internet. Search for categories related to laws regu-
lating tobacco use and sales in your state, city, and/or county.
Assignment: Draft a one-paragraph essay summarizing the
laws governing tobacco use in your state. Are there any special
stipulations that a hospitality manager would especially want
to be aware of (such as the designation of smoking and non-
smoking areas in a restaurant or public lobby)?
Americans with Disabilities Act: Federal legislation (law) that
protects the rights of people with disabilities so that they may be
treated fairly in the workplace and have access to places of public
accommodation, such as hotels, restaurants, and airplanes.
4 CHAPTER 1 Prevention Philosophy

Supreme Court of the United States

Federal System State System

Courts of Highest State

Appeals Court

Courts of
Appeals
State
Federal District Other Administrative
Administrative Courts Specialized Agencies
Agencies Federal Trial Courts
Courts of General
Jurisdiction
Bankruptcy
Internal
Courts Alcoholic
Revenue
Service Court of Beverage
Federal Claims Commission
Local Trial
Court of
Equal Courts of
International
Employment Trade Limited Employment
Opportunity Jurisdiction Commission
Tax Court
Commission

Department of
Department of Health
Labor

FIGURE 1.1 The U.S. legal system.

Laws in the United States may be enacted at the federal,
state, and local levels (see Figure 1.1).
At each of these levels, the laws reflect the changing
desires of the citizens and their elected officials. Because soci-
ety includes members who operate hospitality facilities,
hospitality laws created and modified by society impact those
who work in the hospitality industry.
Preventative Legal Management
Future hospitality managers will encounter laws that do not
currently exist. How, then, can they be expected to operate
their facilities in full compliance with the law throughout their
career? Just as important, how can they be expected to man-
age these facilities in a way that will minimize their chances of
doing something illegal? The answer is not to attempt to moni-
tor every legislative body empowered to enact law. The answer
is to operate hospitality facilities in a way that combines pre-
ventative legal management with sound ethical behavior and
smart judgment.
LEGALESE
Hospitality law: Those laws that relate to the industry involved with
the provision of food, lodging, travel, meetings, events, and enter-
tainment services to its guests, employees, vendors, and clients.
Lessons from the Medical Field In the medical
field, it is widely agreed that it is better to prevent a serious
illness beforehand than to treat it after the fact. For example,
doctors advise that it is preferable to prevent a heart attack
through proper diet, exercise, and the cessation of smoking
than for a patient to have a bypass operation after a heart attack
has occurred. In the case of prevention, the doctor advises the
patient, but it is, in large measure, up to the patient to put into
practice the recommendations of the physician.
In a similar vein, it is far better for hospitality managers to
operate their facilities in a way that minimizes the risk of litiga-
tion, rather than in a manner that exposes their operations to
the threat of litigation.
STEM the Tide of Litigation As noted, the law is
not static; in fact, it changes frequently. Managers must stay
abreast of these changes so that ultimately, on a daily basis,
they integrate their acquired knowledge and awareness of the
law into a personal style of management and decision making.
The acronym STEM was coined as an easy way to remember the
steps in a decision-making process that can assist managers in
getting started. It stands for select, teach, educate, and man-
age. It is presented here as a way of beginning to “STEM” the
tide of litigation. The details of how STEM works are included
in the box on page 5.

Legally Managing at Work
Applying the STEM Process in Hospitality Management
A process can be implemented that will help reduce employee
errors and omissions and, therefore, litigation and liability. The
process is called STEM, for select, teach, educate, and manage. It
works like this:
1. Select: Managers can begin reducing litigation by selecting the
right employee for the right job. Managers cannot hire “just any-
one” at the last minute. Employees must be selected based on
specific job qualifications, written job specifications, and infor-
mation derived from a thorough investigation of the candidate
for the position, whether the employee to be hired is a bus per-
son, waitperson, hostess, door supervisor, or line supervisor.
2. Teach: Managers must develop proper training methods for
employees, including feedback devices such as competency
testing, to ensure that the training is effective.
3. Educate: Managers must continuously educate themselves so
that they know which topics and procedures must be passed
On any given day, the general manager of a hotel or res-
taurant in the United States will make decisions about hiring,
firing, and/or providing benefits to employees. Other daily
tasks might include approving a meeting space contract for a
major event to be held on the property, an event that involves
the service of alcohol. Decisions regarding if and when to add a
lifeguard to the pool area, whether to subcontract parking ser-
vices to a local valet company, and even the uniform require-
ments of staff, will all be made by the manager. All of these
seemingly independent decisions have a significant common
denominator—they all have legal implications.
Whether it is opening a restaurant, operating a country
club, or hiring a housekeeper, hospitality managers must be
aware of the legal implications of each and every decision they
make. It is of vital importance that managers resolve to be fair,
to operate within the law, and to manage preventatively. On
occasions when they do not and a lawsuit results, the courts
may hold managers liable for their inattentiveness.
This philosophy of preventative management becomes
even more important when one considers that a great many
litigation matters encountered by hospitality operators have
a common denominator: a poorly prepared employee. Injuries
and the resulting damages, whether financial, physical, or
mental, are usually a consequence of an employee who has
not been sufficiently taught to perform his or her duties. He or
she might make an omission, such as not cleaning up a spill
near a salad bar, or might pursue an activity outside the scope
LEGALESE
Liable: To be legally responsible or obligated.
   The Hospitality Manager and Legal Management 5
on to employees through effective teaching methods. Effective
managers stay on top of all current happenings in the hospi-
tality industry. One useful tool is the industry news and news-
letters from www.smartbrief.com. You can sign up for free
daily e-newsletters on most industry segment topics. For
hotels, see www.smartbrief.com/ahla; and for restaurants, see
www.smartbrief.com/nra.
4. Manage: Effective managers know that if you consistently do
things the right way, the chances for mistakes—and, therefore,
for litigation—will diminish. Management has been defined as
consisting of four functions: planning, organizing, controlling,
and motivating. Although all four have legal implications, the
STEM process focuses almost exclusively on the motivating
function. A manager who creates a supportive work environ-
ment will gain the trust and respect of employees, who will then
be motivated to do their best work and thus avoid making
errors that could result in litigation.
of his or her duties, such as sexual harassment or arguing with
a customer.
The recent increasing number of lawsuits is not caused
solely by employees, of course. The legal system and some
attorneys certainly share the blame. Managers, however, bear
most of the responsibility for what has been occurring. When an
employee makes a mistake, often it is the result of management
error. The wrong person was hired for the job, the duties of the
job were not effectively communicated to the employee, the
employee was not properly trained, or the employee was not
effectively supervised or motivated to do the job properly.
To create an environment conducive to motivation, you
must first establish trust and respect. When managers make a
commitment to employees or guests, they must follow through.
They also must be willing to accept responsibility for their mis-
takes and to apologize for them when appropriate. Managers
must set an example: If managers ask employees to be on
time, then managers must also be on time; if managers expect
employees to pay for food, beverages, and services, then he or
she must also pay for food, beverages, and services. In current
parlance, managers must walk the talk!
Finally, all of the planning, organizing, controlling, and
motivating in the world will not help if management cannot
effectively communicate its vision and plan to the employees
who will carry out that vision. The ability to communicate
with skill and grace is a critical component of being a success-
ful manager.
Today’s culturally diverse workforce will require diverse
motivating techniques. Remember that different people are
motivated by different incentives. Money is a perfect example.
To some, it is a strong motivating factor; others would pre-
fer more time off instead of additional pay. Managers must
know their employees and determine—by asking them, if need
6 CHAPTER 1 Prevention Philosophy
be—what will motivate them, both as individuals and as a
work team. Examples of possible motivational efforts include
the following:
• A sales contest with a significant prize
• A parking space with recognition for the employee of
the month
• A 50 percent discount on meals at the restaurant
• A card on their birthday
• A written “pat on the back” for a job well done
• Taking the time to ask employees how their day was
• Involving employees in setting goals
• Seeking employee input in developing work schedules
• Listening to their concerns
All of those listed and others are the types of activities a
manager should undertake to build the trust and loyalty of
employees. If a consensus can be reached on what to do and
how to do it, the motivating task becomes much easier.
The goal of STEM is to reduce employee mistakes. By con-
tinually encouraging and rewarding good performance, man-
agers can create an environment that will, in fact, reduce the
Analyze the Situation 1.1
A fellow supervisor confides in you that he has been arrested
for a second time in two years for driving under the influence of
alcohol. His current case has not yet gone to trial. This supervisor
is responsible for the late-night closing of the restaurant in which
you both work.
1.3 Ethics and the Law
It is not always clear whether a course of action is illegal or simply
wrong. Put another way, an activity might be legal but still be the
wrong thing to do. As a future hospitality manager who seeks to
manage his or her legal environment and that of other employees,
it is important that you be able to make this distinction.
Ethics refers to the behavior of an individual toward
another individual or group. Ethical behavior refers to behavior
that is considered “right” or the “right thing to do.” Consistently
choosing ethical behavior over behavior that is not ethical will
go a long way toward avoiding legal difficulty. This is true
because hospitality managers often will not know what the law
requires in a given situation. In cases of litigation, juries may
have to make determinations of whether a manager’s actions
LEGALESE
Ethics: Choices of proper conduct made by an individual in his or
her relationships with others.
number of times employees make mistakes. Remember that
even if a goal may is reached, the efforts of the individual or
group still might merit praise. In other words, managers should
try to catch their employees doing something right instead of
trying to catch them doing something wrong.
It is not possible to manage effectively while sitting
behind the desk. Effective managers know that “management
by walking around” is alive and well, particularly in a service
industry such as hospitality. Of course, an important part
of managing is the ability to motivate employees. As much
as managers would like all employees to come to the job every
day brimming with enthusiasm, the fact is, too often, just the
opposite is true. A significant number of employees may dis-
like coming to work, their jobs, their situation in life, and
much more. They must be motivated to perform at the level
management has targeted in order to exceed management’s
own expectations, and, more important, those of the guest.
To recap the STEM process: Select, not just hire, the right
employee for the right job; continuously teach employees
while creating a training trail; educate management; motivate
staff in a positive and nurturing manner. All these efforts will
help foster loyalty and goodwill, while reducing the likelihood
of litigation.
1. Should you discuss this situation with the restaurant’s gen-
eral manager?
2. After reading the next section on Ethics, has your answer changed?
3. Which aspect of STEM is relevant here?
were ethical or deliberately unethical. How juries and judges
decide these questions may well determine their view of a
manager’s liability for an action or inaction.
Although it is sometimes difficult to determine precisely
what constitutes ethical behavior, the following seven guide-
lines can be very useful when evaluating a possible course
of action:
1. Is it legal? Does the law or company policy prohibit
this activity?
2. Does it hurt anyone? Will this action negatively affect any
stakeholders?
3. Is it fair? Is it fair to all the stakeholders?
4. Am I being honest? Are you being honest with yourself and
with the company?
5. Would I care if it happened to me? Would it bother you if you
were the recipient of the action?
6. Would I publicize my action? Would you be embarrassed if
stakeholders became aware of your action?
7. What if everyone did it? Could the business effectively oper-
ate in an equitable fashion?

Consider the hospitality manager who is responsible for a
large wedding reception in a hotel. The bride and groom have
selected a specific champagne from the hotel’s wine list to be
used for their champagne punch. The contract signed by the
bride and groom lists the selling price per gallon of the punch
but does not specifically mention the name of the champagne
selected by the couple. In the middle of the reception, the hotel
runs out of that brand of champagne. A less costly substitute
is used for the duration of the reception. Neither the bride and
groom nor the guests notice the difference. Using the seven eth-
ical guidelines just listed, a manager could evaluate whether
he or she should reduce the bride and groom’s final bill by the
difference in selling price of the two champagnes.
How an individual determines what constitutes ethical
behavior may be influenced by his or her cultural background,
religious views, professional training, and personal moral code.
A complete example of the way someone would actually use
the seven ethical guidelines is demonstrated in the following
hypothetical situation.
An Ethical Dilemma: Free Champagne
Assume that you are the food and beverage director of a
large hotel. You are planning for your New Year’s Eve gala and
require a large amount of wine and champagne. You conduct
a competitive bidding process with the purveyors in your area
and, based on quality and price, you place a very large order
(in excess of $20,000) with a single purveyor. One week later,
you receive a case of very expensive champagne, delivered to
your home with a nice note from the purveyor’s representative
stating how much it appreciated the order and that the pur-
veyor is really looking forward to doing business with you in
the years ahead. What do you do with the champagne?
Ethical Analysis Your first thought might be the most
obvious one—that is, you drink it. But, hopefully, you will
first ask yourself the seven questions of the ethical decision-­
making process.
1. Is it legal?
From your perspective, it might not be illegal for you to
accept a case of champagne. However, there could be liquor
laws in your state that prohibit the purveyor from gifting
that amount of alcoholic beverage. You must also consider
whether it is permissible within the guidelines established
by the company for which you work. Many companies have
established gift acceptance policies that limit the value of
the gifts that employees are eligible to accept. In this case,
violation of a stated or written company policy may sub-
ject you to disciplinary action or even the termination of
your employment. Accordingly, you need to be extremely
familiar with the ethics policy that has been adopted by the
company you are working for. Assuming that it does not vio-
late a law and/or company policy, go to question 2.
2. Does it hurt anyone?
Well, it probably would not hurt you unless you drank all
of the champagne at once; but, realistically, are you really
   Ethics and the Law 7
going to be fair and objective when you evaluate next year’s
bids, or is your mind going to be thinking back to the case
of champagne that you received? Assuming that you do not
think that it is hurting anyone, go on to question 3.
3. Is it fair?
Before answering this question, you have to recognize who
the stakeholders are in this particular situation. How might
others in your company feel about the gift you received?
After all, you agreed to work for this firm at a set salary. If
benefits are gained because of decisions you make while on
duty, should those benefits accrue to the business or to you?
Assuming that you have decided that it is fair for you to keep
the champagne, go to question number 4.
4. Am I being honest?
This question gives you the opportunity to second-guess
yourself when you are answering questions 2 and 3. Do you
really believe that you can remain objective in the purchas-
ing aspect of your job and continue to seek out the best
quality for the best price, knowing that one of the purveyors
rewarded you handsomely for last year’s choice and may be
inclined to do so again?
5. Would I care if it happened to me?
If you owned the company you work for and you knew that
one of the managers you had hired was given a gift of this
magnitude from a vendor, would you question the objectiv-
ity of that manager? Would you like to see all of your man-
agers receive such gifts? Would you be concerned if they did?
6. Would I publicize my action?
If you have trouble remembering the other questions, try to
remember this one. Would you choose to keep the cham-
pagne if you knew that tomorrow morning the headlines of
your city newspaper would read: “Food and Beverage Direc-
tor of Local Hotel Gets Case of Champagne after Placing
Large Order with Purveyor”? Your general manager would
see it, other employees would see it, all of the other pur-
veyors that you are going do business with would see it, and
even potential future employers would see it.
7. What if everyone did it?
If you justify your choice of keeping the champagne, con-
sider: Does this process ever stop? What would happen if
the executive housekeeper had a bed delivered to her home
every time she ordered new bedding for the hotel? What
would happen if every time she ordered new washers and
dryers, she received a matching set at home?
Alternative Options What are some of the realistic
alternatives to keeping the champagne?
• Return it to the purveyor with a nice note stating how
much you appreciate it but that your company policy will
not allow you to accept it.
• Turn the gift over to the general manager to be placed into
the normal liquor inventory (assuming that the law will
allow it to be used this way).
• Donate it to the employee Christmas party.
8 CHAPTER 1 Prevention Philosophy

Use the seven questions to evaluate each of these three
courses of action. Do you see any differences?
Codes of Ethics
Some hospitality managers feel it is important to set their
­ethical beliefs down in a code of ethics or core values.
Figure 1.2 is the code of core values developed by Meeting
Expectations, an award-winning event management and
association management company with headquarter offices
located in ­Atlanta, Georgia.
In some cases, a company president or other operating
officer will relay the ethical philosophy of a company to
its employees in a section of the employee handbook or
through a direct policy statement, as illustrated in the ethics
statement presented in Figure 1.3, which was created by
­Hyatt Hotels.
Notice that in both the Meeting Expectation’s core values
and in Hyatt’s corporate policy, reference is made to the impor-
tance of complete honesty and integrity as well as following
the law and legal rules. Laws do not exist, however, to cover
every situation that future hospitality managers will encounter.
­Society’s view of acceptable behavior, as well as of specific
laws, is constantly changing. Ethical behavior, however, is
always important to the successful guidance of responsible and
profitable hospitality organizations.

Meeting Expectations Core Values

CORE VALUES
At Meeting Expectations, our team lives and works according to the following values:

1. We are customer driven. We will take action and feel a sense of urgency on matters related to our
customers.
2. We respect the individual employee and believe that people treated with respect and given responsi-
bility will respond by giving their best. We treat others as we would like to be treated.
3. We require complete honesty and integrity in everything we do. We insist on open and honest com-
munication. Hidden agendas and gossip will not be tolerated.
4. We make commitments with care, and live up to them. When we discover a problem, we own that
problem until it is resolved, even if it involves someone else doing the work.
5. We expect continuous improvement in our journey towards excellence.
6. We challenge ourselves and each other as it brings out the best in us. We look for others doing the
right thing so that we can celebrate success along the way.
7. We insist on giving our best effort toward everything we do and take responsibility for our actions. We
understand that even despite our best efforts, bad results may sometimes occur. Bad results are
unacceptable if they are the consequence of sloppiness or lack of effort.
8. We are financially responsible with company and client funds and guard them with the same vigilance
that we use to guard our own.
9. Clarity in understanding our mission, goals, and what we can expect from each other is critical to
our success.
10. W
 ork is an important part of life and should be enjoyed by striking a balance between fun and
seriousness.

FIGURE 1.2 Meeting Expectations Core Values.

(Reprinted with permission from Meeting Expectations.)

Hyatt Hotels Corporation

Code of Business Conduct and Ethics 2013

INTRODUCTION
This Code of Business Conduct and Ethics (this “Code”) is designed to reaffirm and promote Hyatt Hotels
Corporation’s compliance with laws and ethical standards applicable in all jurisdictions in which Hyatt
Hotels Corporation and its subsidiaries (collectively referred to herein as “Hyatt”) conduct their business.

FIGURE 1.3 Corporate policy for Hyatt Hotels.

(Reprinted with permission by Hyatt Hotel’s General Counsel.)
    Ethics and the Law 9

This Code is applicable to all directors and officers of Hyatt, and all associates, including, without
­limitation, General Managers, members of the Management or Executive Committees and other persons
(collectively, “associates”) who work in or are affiliated with any hotel, residential or vacation ownership
property that is owned, leased, managed or franchised by Hyatt and operated under or in association
with the “Hyatt,” “Hyatt Regency,” “Grand Hyatt,” “Park Hyatt,” “Andaz,” “Hyatt Place,” “Hyatt House,”
“Hyatt Residence Club,” “Hyatt Zilara”, or “Hyatt Ziva” trademarks, or such other trademarks owned by
Hyatt (individually referred to herein as a “Hotel” and, collectively, as the “Hotels”).
References in this Code to “you” and “your” refer to the officers, directors and associates of Hyatt.
Similarly, references in this Code to “we” and “our” refer to Hyatt and the Hotels.
Hyatt operations and Hyatt associates are subject to the laws of many countries and other jurisdic-
tions around the world. Associates are expected to comply with the Code and all applicable government
laws, rules and regulations. If a provision of the Code conflicts with applicable law, the law controls.
Because Hyatt Hotels Corporation is incorporated in the United States, our associates around the
world often are subject to U.S. laws. Other countries may also apply their laws outside their borders to
Hyatt operations and personnel. If you are uncertain what laws apply to you, or if you believe there may
be a conflict between different applicable laws, consult Hyatt’s General Counsel or any Associate General
Counsel of Hyatt’s Legal Department, whose contact details are attached at the end of this document.

Seeking Help and Information

This Code is not intended to be a comprehensive rulebook and cannot address every situation that you
may face. There is no substitute for personal integrity and good judgment. If you feel uncomfortable about
a situation or have any doubts about whether it is consistent with Hyatt’s ethical standards, we encour-
age you to contact your supervisor. If your supervisor cannot answer your question or if you do not feel
comfortable contacting your supervisor, contact the General Counsel or any Associate General Counsel of
Hyatt’s Legal Department.

Reporting Violations of the Code

You have a duty to report any known or suspected violation of this Code, including any violation of the laws,
rules, regulations or policies that apply to Hyatt. If you know of or suspect a violation of this Code, immedi-
ately report the conduct to your supervisor or in the event of a violation of Section 12, directly to the General
Counsel or Vice President of Internal Audit. Your supervisor will contact the General Counsel or any Associate
General Counsel of Hyatt’s Legal Department, who will work with you and your supervisor to investigate your
concern. If you do not feel comfortable reporting the conduct to your supervisor or you do not get a satis-
factory response, you should contact the General Counsel, any Associate General Counsel of Hyatt’s Legal
Department, or Vice President of Internal Audit directly. All reports of known or suspected violations of the
law or this Code will be handled sensitively and with discretion. Your confidentiality will be protected to the
extent possible, consistent with applicable law and Hyatt’s need to investigate your concern.
We also have a website, www.hyattethics.com, and a dedicated toll-free number for those of you in
the United States, 1-866-294-3528, available 24 hours a day, seven days a week, to provide you and vendors
a way to anonymously and confidentially report activities that potentially may involve criminal, unethi-
cal or otherwise inappropriate behavior in violation of applicable law, and Hyatt’s established policies,
including this Code. International toll-free numbers and specific reporting instructions and limitations for
those reporting from outside the United States may be found on the website at www.hyattethics.com. In
the event an international toll-free number is not available, you may call us collect at 503-726-2412.

Policy Against Retaliation

Hyatt prohibits retaliation against anyone who, in good faith, seeks help or reports known or suspected
violations of this Code. Any reprisal or retaliation against anyone covered by this Code because such per-
son, in good faith, sought help or filed a report will be subject to disciplinary action, which may include
suspension or termination of association with Hyatt.

Amendments to and Waivers of the Code/Enforcement

This Code may be amended or modified only by the Board of Directors of Hyatt Hotels Corporation.
Waivers of this Code for associates may be made only by Hyatt’s General Counsel. The General
Counsel will provide quarterly reports to the Audit Committee of such waivers. Any waiver of this Code for
directors, executive officers or other principal financial officers of Hyatt Hotels Corporation may be made
only by the Audit Committee of the Board of Directors or the Board of Directors of Hyatt Hotels Corpora-
tion, and will be disclosed to the public as required by law or the rules of the New York Stock Exchange.
Violations of this Code will be addressed promptly and, subject to compliance with applicable law or
regulation, may subject persons to corrective and/or disciplinary action.
This Code supplements and does not supersede or replace the terms and conditions of any agreement
signed by you and Hyatt. If you believe the terms of this policy conflict with any such agreement, you
should contact Hyatt’s General Counsel.

FIGURE 1.3 (continued)

Another random document with
no related content on Scribd:
 DANCE ON STILTS AT THE GIRLS’ UNYAGO, NIUCHI

Newala, too, suffers from the distance of its water-supply—at least

the Newala of to-day does; there was once another Newala in a lovely
valley at the foot of the plateau. I visited it and found scarcely a trace
of houses, only a Christian cemetery, with the graves of several
missionaries and their converts, remaining as a monument of its
former glories. But the surroundings are wonderfully beautiful. A
thick grove of splendid mango-trees closes in the weather-worn
crosses and headstones; behind them, combining the useful and the
agreeable, is a whole plantation of lemon-trees covered with ripe
fruit; not the small African kind, but a much larger and also juicier
imported variety, which drops into the hands of the passing traveller,
without calling for any exertion on his part. Old Newala is now under
the jurisdiction of the native pastor, Daudi, at Chingulungulu, who,
as I am on very friendly terms with him, allows me, as a matter of
course, the use of this lemon-grove during my stay at Newala.
 FEET MUTILATED BY THE RAVAGES OF THE “JIGGER”
(Sarcopsylla penetrans)

The water-supply of New Newala is in the bottom of the valley,

some 1,600 feet lower down. The way is not only long and fatiguing,
but the water, when we get it, is thoroughly bad. We are suffering not
only from this, but from the fact that the arrangements at Newala are
nothing short of luxurious. We have a separate kitchen—a hut built
against the boma palisade on the right of the baraza, the interior of
which is not visible from our usual position. Our two cooks were not
long in finding this out, and they consequently do—or rather neglect
to do—what they please. In any case they do not seem to be very
particular about the boiling of our drinking-water—at least I can
attribute to no other cause certain attacks of a dysenteric nature,
from which both Knudsen and I have suffered for some time. If a
man like Omari has to be left unwatched for a moment, he is capable
of anything. Besides this complaint, we are inconvenienced by the
state of our nails, which have become as hard as glass, and crack on
the slightest provocation, and I have the additional infliction of
pimples all over me. As if all this were not enough, we have also, for
the last week been waging war against the jigger, who has found his
Eldorado in the hot sand of the Makonde plateau. Our men are seen
all day long—whenever their chronic colds and the dysentery likewise
raging among them permit—occupied in removing this scourge of
Africa from their feet and trying to prevent the disastrous
consequences of its presence. It is quite common to see natives of
this place with one or two toes missing; many have lost all their toes,
or even the whole front part of the foot, so that a well-formed leg
ends in a shapeless stump. These ravages are caused by the female of
Sarcopsylla penetrans, which bores its way under the skin and there
develops an egg-sac the size of a pea. In all books on the subject, it is
stated that one’s attention is called to the presence of this parasite by
an intolerable itching. This agrees very well with my experience, so
far as the softer parts of the sole, the spaces between and under the
toes, and the side of the foot are concerned, but if the creature
penetrates through the harder parts of the heel or ball of the foot, it
may escape even the most careful search till it has reached maturity.
Then there is no time to be lost, if the horrible ulceration, of which
we see cases by the dozen every day, is to be prevented. It is much
easier, by the way, to discover the insect on the white skin of a
European than on that of a native, on which the dark speck scarcely
shows. The four or five jiggers which, in spite of the fact that I
constantly wore high laced boots, chose my feet to settle in, were
taken out for me by the all-accomplished Knudsen, after which I
thought it advisable to wash out the cavities with corrosive
sublimate. The natives have a different sort of disinfectant—they fill
the hole with scraped roots. In a tiny Makua village on the slope of
the plateau south of Newala, we saw an old woman who had filled all
the spaces under her toe-nails with powdered roots by way of
prophylactic treatment. What will be the result, if any, who can say?
The rest of the many trifling ills which trouble our existence are
really more comic than serious. In the absence of anything else to
smoke, Knudsen and I at last opened a box of cigars procured from
the Indian store-keeper at Lindi, and tried them, with the most
distressing results. Whether they contain opium or some other
narcotic, neither of us can say, but after the tenth puff we were both
“off,” three-quarters stupefied and unspeakably wretched. Slowly we
recovered—and what happened next? Half-an-hour later we were
once more smoking these poisonous concoctions—so insatiable is the
craving for tobacco in the tropics.
Even my present attacks of fever scarcely deserve to be taken
seriously. I have had no less than three here at Newala, all of which
have run their course in an incredibly short time. In the early
afternoon, I am busy with my old natives, asking questions and
making notes. The strong midday coffee has stimulated my spirits to
an extraordinary degree, the brain is active and vigorous, and work
progresses rapidly, while a pleasant warmth pervades the whole
body. Suddenly this gives place to a violent chill, forcing me to put on
my overcoat, though it is only half-past three and the afternoon sun
is at its hottest. Now the brain no longer works with such acuteness
and logical precision; more especially does it fail me in trying to
establish the syntax of the difficult Makua language on which I have
ventured, as if I had not enough to do without it. Under the
circumstances it seems advisable to take my temperature, and I do
so, to save trouble, without leaving my seat, and while going on with
my work. On examination, I find it to be 101·48°. My tutors are
abruptly dismissed and my bed set up in the baraza; a few minutes
later I am in it and treating myself internally with hot water and
lemon-juice.
Three hours later, the thermometer marks nearly 104°, and I make
them carry me back into the tent, bed and all, as I am now perspiring
heavily, and exposure to the cold wind just beginning to blow might
mean a fatal chill. I lie still for a little while, and then find, to my
great relief, that the temperature is not rising, but rather falling. This
is about 7.30 p.m. At 8 p.m. I find, to my unbounded astonishment,
that it has fallen below 98·6°, and I feel perfectly well. I read for an
hour or two, and could very well enjoy a smoke, if I had the
wherewithal—Indian cigars being out of the question.
Having no medical training, I am at a loss to account for this state
of things. It is impossible that these transitory attacks of high fever
should be malarial; it seems more probable that they are due to a
kind of sunstroke. On consulting my note-book, I become more and
more inclined to think this is the case, for these attacks regularly
follow extreme fatigue and long exposure to strong sunshine. They at
least have the advantage of being only short interruptions to my
work, as on the following morning I am always quite fresh and fit.
My treasure of a cook is suffering from an enormous hydrocele which
makes it difficult for him to get up, and Moritz is obliged to keep in
the dark on account of his inflamed eyes. Knudsen’s cook, a raw boy
from somewhere in the bush, knows still less of cooking than Omari;
consequently Nils Knudsen himself has been promoted to the vacant
post. Finding that we had come to the end of our supplies, he began
by sending to Chingulungulu for the four sucking-pigs which we had
bought from Matola and temporarily left in his charge; and when
they came up, neatly packed in a large crate, he callously slaughtered
the biggest of them. The first joint we were thoughtless enough to
entrust for roasting to Knudsen’s mshenzi cook, and it was
consequently uneatable; but we made the rest of the animal into a
jelly which we ate with great relish after weeks of underfeeding,
consuming incredible helpings of it at both midday and evening
meals. The only drawback is a certain want of variety in the tinned
vegetables. Dr. Jäger, to whom the Geographical Commission
entrusted the provisioning of the expeditions—mine as well as his
own—because he had more time on his hands than the rest of us,
seems to have laid in a huge stock of Teltow turnips,[46] an article of
food which is all very well for occasional use, but which quickly palls
when set before one every day; and we seem to have no other tins
left. There is no help for it—we must put up with the turnips; but I
am certain that, once I am home again, I shall not touch them for ten
years to come.
Amid all these minor evils, which, after all, go to make up the
genuine flavour of Africa, there is at least one cheering touch:
Knudsen has, with the dexterity of a skilled mechanic, repaired my 9
× 12 cm. camera, at least so far that I can use it with a little care.
How, in the absence of finger-nails, he was able to accomplish such a
ticklish piece of work, having no tool but a clumsy screw-driver for
taking to pieces and putting together again the complicated
mechanism of the instantaneous shutter, is still a mystery to me; but
he did it successfully. The loss of his finger-nails shows him in a light
contrasting curiously enough with the intelligence evinced by the
above operation; though, after all, it is scarcely surprising after his
ten years’ residence in the bush. One day, at Lindi, he had occasion
to wash a dog, which must have been in need of very thorough
cleansing, for the bottle handed to our friend for the purpose had an
extremely strong smell. Having performed his task in the most
conscientious manner, he perceived with some surprise that the dog
did not appear much the better for it, and was further surprised by
finding his own nails ulcerating away in the course of the next few
days. “How was I to know that carbolic acid has to be diluted?” he
mutters indignantly, from time to time, with a troubled gaze at his
mutilated finger-tips.
 Since we came to Newala we have been making excursions in all
directions through the surrounding country, in accordance with old
habit, and also because the akida Sefu did not get together the tribal
elders from whom I wanted information so speedily as he had
promised. There is, however, no harm done, as, even if seen only
from the outside, the country and people are interesting enough.
The Makonde plateau is like a large rectangular table rounded off
at the corners. Measured from the Indian Ocean to Newala, it is
about seventy-five miles long, and between the Rovuma and the
Lukuledi it averages fifty miles in breadth, so that its superficial area
is about two-thirds of that of the kingdom of Saxony. The surface,
however, is not level, but uniformly inclined from its south-western
edge to the ocean. From the upper edge, on which Newala lies, the
eye ranges for many miles east and north-east, without encountering
any obstacle, over the Makonde bush. It is a green sea, from which
here and there thick clouds of smoke rise, to show that it, too, is
inhabited by men who carry on their tillage like so many other
primitive peoples, by cutting down and burning the bush, and
manuring with the ashes. Even in the radiant light of a tropical day
such a fire is a grand sight.
Much less effective is the impression produced just now by the
great western plain as seen from the edge of the plateau. As often as
time permits, I stroll along this edge, sometimes in one direction,
sometimes in another, in the hope of finding the air clear enough to
let me enjoy the view; but I have always been disappointed.
Wherever one looks, clouds of smoke rise from the burning bush,
and the air is full of smoke and vapour. It is a pity, for under more
favourable circumstances the panorama of the whole country up to
the distant Majeje hills must be truly magnificent. It is of little use
taking photographs now, and an outline sketch gives a very poor idea
of the scenery. In one of these excursions I went out of my way to
make a personal attempt on the Makonde bush. The present edge of
the plateau is the result of a far-reaching process of destruction
through erosion and denudation. The Makonde strata are
everywhere cut into by ravines, which, though short, are hundreds of
yards in depth. In consequence of the loose stratification of these
beds, not only are the walls of these ravines nearly vertical, but their
upper end is closed by an equally steep escarpment, so that the
western edge of the Makonde plateau is hemmed in by a series of
deep, basin-like valleys. In order to get from one side of such a ravine
to the other, I cut my way through the bush with a dozen of my men.
It was a very open part, with more grass than scrub, but even so the
short stretch of less than two hundred yards was very hard work; at
the end of it the men’s calicoes were in rags and they themselves
bleeding from hundreds of scratches, while even our strong khaki
suits had not escaped scatheless.

NATIVE PATH THROUGH THE MAKONDE BUSH, NEAR

MAHUTA

I see increasing reason to believe that the view formed some time
back as to the origin of the Makonde bush is the correct one. I have
no doubt that it is not a natural product, but the result of human
occupation. Those parts of the high country where man—as a very
slight amount of practice enables the eye to perceive at once—has not
yet penetrated with axe and hoe, are still occupied by a splendid
timber forest quite able to sustain a comparison with our mixed
forests in Germany. But wherever man has once built his hut or tilled
his field, this horrible bush springs up. Every phase of this process
may be seen in the course of a couple of hours’ walk along the main
road. From the bush to right or left, one hears the sound of the axe—
not from one spot only, but from several directions at once. A few
steps further on, we can see what is taking place. The brush has been
cut down and piled up in heaps to the height of a yard or more,
between which the trunks of the large trees stand up like the last
pillars of a magnificent ruined building. These, too, present a
melancholy spectacle: the destructive Makonde have ringed them—
cut a broad strip of bark all round to ensure their dying off—and also
piled up pyramids of brush round them. Father and son, mother and
son-in-law, are chopping away perseveringly in the background—too
busy, almost, to look round at the white stranger, who usually excites
so much interest. If you pass by the same place a week later, the piles
of brushwood have disappeared and a thick layer of ashes has taken
the place of the green forest. The large trees stretch their
smouldering trunks and branches in dumb accusation to heaven—if
they have not already fallen and been more or less reduced to ashes,
perhaps only showing as a white stripe on the dark ground.
This work of destruction is carried out by the Makonde alike on the
virgin forest and on the bush which has sprung up on sites already
cultivated and deserted. In the second case they are saved the trouble
of burning the large trees, these being entirely absent in the
secondary bush.
After burning this piece of forest ground and loosening it with the
hoe, the native sows his corn and plants his vegetables. All over the
country, he goes in for bed-culture, which requires, and, in fact,
receives, the most careful attention. Weeds are nowhere tolerated in
the south of German East Africa. The crops may fail on the plains,
where droughts are frequent, but never on the plateau with its
abundant rains and heavy dews. Its fortunate inhabitants even have
the satisfaction of seeing the proud Wayao and Wamakua working
for them as labourers, driven by hunger to serve where they were
accustomed to rule.
But the light, sandy soil is soon exhausted, and would yield no
harvest the second year if cultivated twice running. This fact has
been familiar to the native for ages; consequently he provides in
time, and, while his crop is growing, prepares the next plot with axe
and firebrand. Next year he plants this with his various crops and
lets the first piece lie fallow. For a short time it remains waste and
desolate; then nature steps in to repair the destruction wrought by
man; a thousand new growths spring out of the exhausted soil, and
even the old stumps put forth fresh shoots. Next year the new growth
is up to one’s knees, and in a few years more it is that terrible,
impenetrable bush, which maintains its position till the black
occupier of the land has made the round of all the available sites and
come back to his starting point.
The Makonde are, body and soul, so to speak, one with this bush.
According to my Yao informants, indeed, their name means nothing
else but “bush people.” Their own tradition says that they have been
settled up here for a very long time, but to my surprise they laid great
stress on an original immigration. Their old homes were in the
south-east, near Mikindani and the mouth of the Rovuma, whence
their peaceful forefathers were driven by the continual raids of the
Sakalavas from Madagascar and the warlike Shirazis[47] of the coast,
to take refuge on the almost inaccessible plateau. I have studied
African ethnology for twenty years, but the fact that changes of
population in this apparently quiet and peaceable corner of the earth
could have been occasioned by outside enterprises taking place on
the high seas, was completely new to me. It is, no doubt, however,
correct.
The charming tribal legend of the Makonde—besides informing us
of other interesting matters—explains why they have to live in the
thickest of the bush and a long way from the edge of the plateau,
instead of making their permanent homes beside the purling brooks
and springs of the low country.
“The place where the tribe originated is Mahuta, on the southern
side of the plateau towards the Rovuma, where of old time there was
nothing but thick bush. Out of this bush came a man who never
washed himself or shaved his head, and who ate and drank but little.
He went out and made a human figure from the wood of a tree
growing in the open country, which he took home to his abode in the
bush and there set it upright. In the night this image came to life and
was a woman. The man and woman went down together to the
Rovuma to wash themselves. Here the woman gave birth to a still-
born child. They left that place and passed over the high land into the
valley of the Mbemkuru, where the woman had another child, which
was also born dead. Then they returned to the high bush country of
Mahuta, where the third child was born, which lived and grew up. In
course of time, the couple had many more children, and called
themselves Wamatanda. These were the ancestral stock of the
Makonde, also called Wamakonde,[48] i.e., aborigines. Their
forefather, the man from the bush, gave his children the command to
bury their dead upright, in memory of the mother of their race who
was cut out of wood and awoke to life when standing upright. He also
warned them against settling in the valleys and near large streams,
for sickness and death dwelt there. They were to make it a rule to
have their huts at least an hour’s walk from the nearest watering-
place; then their children would thrive and escape illness.”
The explanation of the name Makonde given by my informants is
somewhat different from that contained in the above legend, which I
extract from a little book (small, but packed with information), by
Pater Adams, entitled Lindi und sein Hinterland. Otherwise, my
results agree exactly with the statements of the legend. Washing?
Hapana—there is no such thing. Why should they do so? As it is, the
supply of water scarcely suffices for cooking and drinking; other
people do not wash, so why should the Makonde distinguish himself
by such needless eccentricity? As for shaving the head, the short,
woolly crop scarcely needs it,[49] so the second ancestral precept is
likewise easy enough to follow. Beyond this, however, there is
nothing ridiculous in the ancestor’s advice. I have obtained from
various local artists a fairly large number of figures carved in wood,
ranging from fifteen to twenty-three inches in height, and
representing women belonging to the great group of the Mavia,
Makonde, and Matambwe tribes. The carving is remarkably well
done and renders the female type with great accuracy, especially the
keloid ornamentation, to be described later on. As to the object and
meaning of their works the sculptors either could or (more probably)
would tell me nothing, and I was forced to content myself with the
scanty information vouchsafed by one man, who said that the figures
were merely intended to represent the nembo—the artificial
deformations of pelele, ear-discs, and keloids. The legend recorded
by Pater Adams places these figures in a new light. They must surely
be more than mere dolls; and we may even venture to assume that
they are—though the majority of present-day Makonde are probably
unaware of the fact—representations of the tribal ancestress.
 The references in the legend to the descent from Mahuta to the
Rovuma, and to a journey across the highlands into the Mbekuru
valley, undoubtedly indicate the previous history of the tribe, the
travels of the ancestral pair typifying the migrations of their
descendants. The descent to the neighbouring Rovuma valley, with
its extraordinary fertility and great abundance of game, is intelligible
at a glance—but the crossing of the Lukuledi depression, the ascent
to the Rondo Plateau and the descent to the Mbemkuru, also lie
within the bounds of probability, for all these districts have exactly
the same character as the extreme south. Now, however, comes a
point of especial interest for our bacteriological age. The primitive
Makonde did not enjoy their lives in the marshy river-valleys.
Disease raged among them, and many died. It was only after they
had returned to their original home near Mahuta, that the health
conditions of these people improved. We are very apt to think of the
African as a stupid person whose ignorance of nature is only equalled
by his fear of it, and who looks on all mishaps as caused by evil
spirits and malignant natural powers. It is much more correct to
assume in this case that the people very early learnt to distinguish
districts infested with malaria from those where it is absent.
This knowledge is crystallized in the
ancestral warning against settling in the
valleys and near the great waters, the
dwelling-places of disease and death. At the
same time, for security against the hostile
Mavia south of the Rovuma, it was enacted
that every settlement must be not less than a
certain distance from the southern edge of the
plateau. Such in fact is their mode of life at the
present day. It is not such a bad one, and
certainly they are both safer and more
comfortable than the Makua, the recent
intruders from the south, who have made USUAL METHOD OF
good their footing on the western edge of the CLOSING HUT-DOOR
plateau, extending over a fairly wide belt of
country. Neither Makua nor Makonde show in their dwellings
anything of the size and comeliness of the Yao houses in the plain,
especially at Masasi, Chingulungulu and Zuza’s. Jumbe Chauro, a
Makonde hamlet not far from Newala, on the road to Mahuta, is the
most important settlement of the tribe I have yet seen, and has fairly
spacious huts. But how slovenly is their construction compared with
the palatial residences of the elephant-hunters living in the plain.
The roofs are still more untidy than in the general run of huts during
the dry season, the walls show here and there the scanty beginnings
or the lamentable remains of the mud plastering, and the interior is a
veritable dog-kennel; dirt, dust and disorder everywhere. A few huts
only show any attempt at division into rooms, and this consists
merely of very roughly-made bamboo partitions. In one point alone
have I noticed any indication of progress—in the method of fastening
the door. Houses all over the south are secured in a simple but
ingenious manner. The door consists of a set of stout pieces of wood
or bamboo, tied with bark-string to two cross-pieces, and moving in
two grooves round one of the door-posts, so as to open inwards. If
the owner wishes to leave home, he takes two logs as thick as a man’s
upper arm and about a yard long. One of these is placed obliquely
against the middle of the door from the inside, so as to form an angle
of from 60° to 75° with the ground. He then places the second piece
horizontally across the first, pressing it downward with all his might.
It is kept in place by two strong posts planted in the ground a few
inches inside the door. This fastening is absolutely safe, but of course
cannot be applied to both doors at once, otherwise how could the
owner leave or enter his house? I have not yet succeeded in finding
out how the back door is fastened.

MAKONDE LOCK AND KEY AT JUMBE CHAURO

 This is the general way of closing a house. The Makonde at Jumbe
Chauro, however, have a much more complicated, solid and original
one. Here, too, the door is as already described, except that there is
only one post on the inside, standing by itself about six inches from
one side of the doorway. Opposite this post is a hole in the wall just
large enough to admit a man’s arm. The door is closed inside by a
large wooden bolt passing through a hole in this post and pressing
with its free end against the door. The other end has three holes into
which fit three pegs running in vertical grooves inside the post. The
door is opened with a wooden key about a foot long, somewhat
curved and sloped off at the butt; the other end has three pegs
corresponding to the holes, in the bolt, so that, when it is thrust
through the hole in the wall and inserted into the rectangular
opening in the post, the pegs can be lifted and the bolt drawn out.[50]

MODE OF INSERTING THE KEY

With no small pride first one householder and then a second

showed me on the spot the action of this greatest invention of the
Makonde Highlands. To both with an admiring exclamation of
“Vizuri sana!” (“Very fine!”). I expressed the wish to take back these
marvels with me to Ulaya, to show the Wazungu what clever fellows
the Makonde are. Scarcely five minutes after my return to camp at
Newala, the two men came up sweating under the weight of two
heavy logs which they laid down at my feet, handing over at the same
time the keys of the fallen fortress. Arguing, logically enough, that if
the key was wanted, the lock would be wanted with it, they had taken
their axes and chopped down the posts—as it never occurred to them
to dig them out of the ground and so bring them intact. Thus I have
two badly damaged specimens, and the owners, instead of praise,
come in for a blowing-up.
The Makua huts in the environs of Newala are especially
miserable; their more than slovenly construction reminds one of the
temporary erections of the Makua at Hatia’s, though the people here
have not been concerned in a war. It must therefore be due to
congenital idleness, or else to the absence of a powerful chief. Even
the baraza at Mlipa’s, a short hour’s walk south-east of Newala,
shares in this general neglect. While public buildings in this country
are usually looked after more or less carefully, this is in evident
danger of being blown over by the first strong easterly gale. The only
attractive object in this whole district is the grave of the late chief
Mlipa. I visited it in the morning, while the sun was still trying with
partial success to break through the rolling mists, and the circular
grove of tall euphorbias, which, with a broken pot, is all that marks
the old king’s resting-place, impressed one with a touch of pathos.
Even my very materially-minded carriers seemed to feel something
of the sort, for instead of their usual ribald songs, they chanted
solemnly, as we marched on through the dense green of the Makonde
bush:—
 “We shall arrive with the great master; we stand in a row and have
no fear about getting our food and our money from the Serkali (the
Government). We are not afraid; we are going along with the great
master, the lion; we are going down to the coast and back.”
With regard to the characteristic features of the various tribes here
on the western edge of the plateau, I can arrive at no other
conclusion than the one already come to in the plain, viz., that it is
impossible for anyone but a trained anthropologist to assign any
given individual at once to his proper tribe. In fact, I think that even
an anthropological specialist, after the most careful examination,
might find it a difficult task to decide. The whole congeries of peoples
collected in the region bounded on the west by the great Central
African rift, Tanganyika and Nyasa, and on the east by the Indian
Ocean, are closely related to each other—some of their languages are
only distinguished from one another as dialects of the same speech,
and no doubt all the tribes present the same shape of skull and
structure of skeleton. Thus, surely, there can be no very striking
differences in outward appearance.
 Even did such exist, I should have no time
to concern myself with them, for day after day,
I have to see or hear, as the case may be—in
any case to grasp and record—an
extraordinary number of ethnographic
phenomena. I am almost disposed to think it
fortunate that some departments of inquiry, at
least, are barred by external circumstances.
Chief among these is the subject of iron-
working. We are apt to think of Africa as a
country where iron ore is everywhere, so to
speak, to be picked up by the roadside, and
where it would be quite surprising if the
inhabitants had not learnt to smelt the
material ready to their hand. In fact, the
knowledge of this art ranges all over the
continent, from the Kabyles in the north to the
Kafirs in the south. Here between the Rovuma
and the Lukuledi the conditions are not so
favourable. According to the statements of the
Makonde, neither ironstone nor any other
form of iron ore is known to them. They have
not therefore advanced to the art of smelting
the metal, but have hitherto bought all their
THE ANCESTRESS OF
THE MAKONDE
iron implements from neighbouring tribes.
Even in the plain the inhabitants are not much
better off. Only one man now living is said to
understand the art of smelting iron. This old fundi lives close to
Huwe, that isolated, steep-sided block of granite which rises out of
the green solitude between Masasi and Chingulungulu, and whose
jagged and splintered top meets the traveller’s eye everywhere. While
still at Masasi I wished to see this man at work, but was told that,
frightened by the rising, he had retired across the Rovuma, though
he would soon return. All subsequent inquiries as to whether the
fundi had come back met with the genuine African answer, “Bado”
(“Not yet”).
 BRAZIER

Some consolation was afforded me by a brassfounder, whom I

came across in the bush near Akundonde’s. This man is the favourite
of women, and therefore no doubt of the gods; he welds the glittering
brass rods purchased at the coast into those massive, heavy rings
which, on the wrists and ankles of the local fair ones, continually give
me fresh food for admiration. Like every decent master-craftsman he
had all his tools with him, consisting of a pair of bellows, three
crucibles and a hammer—nothing more, apparently. He was quite
willing to show his skill, and in a twinkling had fixed his bellows on
the ground. They are simply two goat-skins, taken off whole, the four
legs being closed by knots, while the upper opening, intended to
admit the air, is kept stretched by two pieces of wood. At the lower
end of the skin a smaller opening is left into which a wooden tube is
stuck. The fundi has quickly borrowed a heap of wood-embers from
the nearest hut; he then fixes the free ends of the two tubes into an
earthen pipe, and clamps them to the ground by means of a bent
piece of wood. Now he fills one of his small clay crucibles, the dross
on which shows that they have been long in use, with the yellow
material, places it in the midst of the embers, which, at present are
only faintly glimmering, and begins his work. In quick alternation
the smith’s two hands move up and down with the open ends of the
bellows; as he raises his hand he holds the slit wide open, so as to let
the air enter the skin bag unhindered. In pressing it down he closes
the bag, and the air puffs through the bamboo tube and clay pipe into
the fire, which quickly burns up. The smith, however, does not keep
on with this work, but beckons to another man, who relieves him at
the bellows, while he takes some more tools out of a large skin pouch
carried on his back. I look on in wonder as, with a smooth round
stick about the thickness of a finger, he bores a few vertical holes into
the clean sand of the soil. This should not be difficult, yet the man
seems to be taking great pains over it. Then he fastens down to the
ground, with a couple of wooden clamps, a neat little trough made by
splitting a joint of bamboo in half, so that the ends are closed by the
two knots. At last the yellow metal has attained the right consistency,
and the fundi lifts the crucible from the fire by means of two sticks
split at the end to serve as tongs. A short swift turn to the left—a
tilting of the crucible—and the molten brass, hissing and giving forth
clouds of smoke, flows first into the bamboo mould and then into the
holes in the ground.
The technique of this backwoods craftsman may not be very far
advanced, but it cannot be denied that he knows how to obtain an
adequate result by the simplest means. The ladies of highest rank in
this country—that is to say, those who can afford it, wear two kinds
of these massive brass rings, one cylindrical, the other semicircular
in section. The latter are cast in the most ingenious way in the
bamboo mould, the former in the circular hole in the sand. It is quite
a simple matter for the fundi to fit these bars to the limbs of his fair
customers; with a few light strokes of his hammer he bends the
pliable brass round arm or ankle without further inconvenience to
the wearer.
SHAPING THE POT

SMOOTHING WITH MAIZE-COB

CUTTING THE EDGE

 FINISHING THE BOTTOM

LAST SMOOTHING BEFORE

BURNING

FIRING THE BRUSH-PILE

 LIGHTING THE FARTHER SIDE OF
THE PILE

TURNING THE RED-HOT VESSEL

NYASA WOMAN MAKING POTS AT MASASI

Pottery is an art which must always and everywhere excite the
interest of the student, just because it is so intimately connected with
the development of human culture, and because its relics are one of
the principal factors in the reconstruction of our own condition in
prehistoric times. I shall always remember with pleasure the two or
three afternoons at Masasi when Salim Matola’s mother, a slightly-
built, graceful, pleasant-looking woman, explained to me with
touching patience, by means of concrete illustrations, the ceramic art
of her people. The only implements for this primitive process were a
lump of clay in her left hand, and in the right a calabash containing
the following valuables: the fragment of a maize-cob stripped of all
its grains, a smooth, oval pebble, about the size of a pigeon’s egg, a
few chips of gourd-shell, a bamboo splinter about the length of one’s
hand, a small shell, and a bunch of some herb resembling spinach.
 Nothing more. The woman scraped with the
shell a round, shallow hole in the soft, fine
sand of the soil, and, when an active young
girl had filled the calabash with water for her,
she began to knead the clay. As if by magic it
gradually assumed the shape of a rough but
already well-shaped vessel, which only wanted
a little touching up with the instruments
before mentioned. I looked out with the
MAKUA WOMAN closest attention for any indication of the use
MAKING A POT. of the potter’s wheel, in however rudimentary
SHOWS THE a form, but no—hapana (there is none). The
BEGINNINGS OF THE embryo pot stood firmly in its little
POTTER’S WHEEL
depression, and the woman walked round it in
a stooping posture, whether she was removing
small stones or similar foreign bodies with the maize-cob, smoothing
the inner or outer surface with the splinter of bamboo, or later, after
letting it dry for a day, pricking in the ornamentation with a pointed
bit of gourd-shell, or working out the bottom, or cutting the edge
with a sharp bamboo knife, or giving the last touches to the finished
vessel. This occupation of the women is infinitely toilsome, but it is
without doubt an accurate reproduction of the process in use among
our ancestors of the Neolithic and Bronze ages.
There is no doubt that the invention of pottery, an item in human
progress whose importance cannot be over-estimated, is due to
women. Rough, coarse and unfeeling, the men of the horde range
over the countryside. When the united cunning of the hunters has
succeeded in killing the game; not one of them thinks of carrying
home the spoil. A bright fire, kindled by a vigorous wielding of the
drill, is crackling beside them; the animal has been cleaned and cut
up secundum artem, and, after a slight singeing, will soon disappear
under their sharp teeth; no one all this time giving a single thought
to wife or child.
To what shifts, on the other hand, the primitive wife, and still more
the primitive mother, was put! Not even prehistoric stomachs could
endure an unvarying diet of raw food. Something or other suggested
the beneficial effect of hot water on the majority of approved but
indigestible dishes. Perhaps a neighbour had tried holding the hard
roots or tubers over the fire in a calabash filled with water—or maybe
an ostrich-egg-shell, or a hastily improvised vessel of bark. They
became much softer and more palatable than they had previously
been; but, unfortunately, the vessel could not stand the fire and got
charred on the outside. That can be remedied, thought our
ancestress, and plastered a layer of wet clay round a similar vessel.
This is an improvement; the cooking utensil remains uninjured, but
the heat of the fire has shrunk it, so that it is loose in its shell. The
next step is to detach it, so, with a firm grip and a jerk, shell and
kernel are separated, and pottery is invented. Perhaps, however, the
discovery which led to an intelligent use of the burnt-clay shell, was
made in a slightly different way. Ostrich-eggs and calabashes are not
to be found in every part of the world, but everywhere mankind has
arrived at the art of making baskets out of pliant materials, such as
bark, bast, strips of palm-leaf, supple twigs, etc. Our inventor has no
water-tight vessel provided by nature. “Never mind, let us line the
basket with clay.” This answers the purpose, but alas! the basket gets
burnt over the blazing fire, the woman watches the process of
cooking with increasing uneasiness, fearing a leak, but no leak
appears. The food, done to a turn, is eaten with peculiar relish; and
the cooking-vessel is examined, half in curiosity, half in satisfaction
at the result. The plastic clay is now hard as stone, and at the same
time looks exceedingly well, for the neat plaiting of the burnt basket
is traced all over it in a pretty pattern. Thus, simultaneously with
pottery, its ornamentation was invented.
Primitive woman has another claim to respect. It was the man,
roving abroad, who invented the art of producing fire at will, but the
woman, unable to imitate him in this, has been a Vestal from the
earliest times. Nothing gives so much trouble as the keeping alight of
the smouldering brand, and, above all, when all the men are absent
from the camp. Heavy rain-clouds gather, already the first large
drops are falling, the first gusts of the storm rage over the plain. The
little flame, a greater anxiety to the woman than her own children,
flickers unsteadily in the blast. What is to be done? A sudden thought
occurs to her, and in an instant she has constructed a primitive hut
out of strips of bark, to protect the flame against rain and wind.
This, or something very like it, was the way in which the principle
of the house was discovered; and even the most hardened misogynist
cannot fairly refuse a woman the credit of it. The protection of the
hearth-fire from the weather is the germ from which the human
dwelling was evolved. Men had little, if any share, in this forward
step, and that only at a late stage. Even at the present day, the
plastering of the housewall with clay and the manufacture of pottery
are exclusively the women’s business. These are two very significant
survivals. Our European kitchen-garden, too, is originally a woman’s
invention, and the hoe, the primitive instrument of agriculture, is,
characteristically enough, still used in this department. But the
noblest achievement which we owe to the other sex is unquestionably
the art of cookery. Roasting alone—the oldest process—is one for
which men took the hint (a very obvious one) from nature. It must
have been suggested by the scorched carcase of some animal
overtaken by the destructive forest-fires. But boiling—the process of
improving organic substances by the help of water heated to boiling-
point—is a much later discovery. It is so recent that it has not even
yet penetrated to all parts of the world. The Polynesians understand
how to steam food, that is, to cook it, neatly wrapped in leaves, in a
hole in the earth between hot stones, the air being excluded, and
(sometimes) a few drops of water sprinkled on the stones; but they
do not understand boiling.
To come back from this digression, we find that the slender Nyasa
woman has, after once more carefully examining the finished pot,
put it aside in the shade to dry. On the following day she sends me
word by her son, Salim Matola, who is always on hand, that she is
going to do the burning, and, on coming out of my house, I find her
already hard at work. She has spread on the ground a layer of very
dry sticks, about as thick as one’s thumb, has laid the pot (now of a
yellowish-grey colour) on them, and is piling brushwood round it.
My faithful Pesa mbili, the mnyampara, who has been standing by,
most obligingly, with a lighted stick, now hands it to her. Both of
them, blowing steadily, light the pile on the lee side, and, when the
flame begins to catch, on the weather side also. Soon the whole is in a
blaze, but the dry fuel is quickly consumed and the fire dies down, so
that we see the red-hot vessel rising from the ashes. The woman
turns it continually with a long stick, sometimes one way and
sometimes another, so that it may be evenly heated all over. In
twenty minutes she rolls it out of the ash-heap, takes up the bundle
of spinach, which has been lying for two days in a jar of water, and
sprinkles the red-hot clay with it. The places where the drops fall are
marked by black spots on the uniform reddish-brown surface. With a
sigh of relief, and with visible satisfaction, the woman rises to an
erect position; she is standing just in a line between me and the fire,
from which a cloud of smoke is just rising: I press the ball of my
camera, the shutter clicks—the apotheosis is achieved! Like a
priestess, representative of her inventive sex, the graceful woman
stands: at her feet the hearth-fire she has given us beside her the
invention she has devised for us, in the background the home she has
built for us.
At Newala, also, I have had the manufacture of pottery carried on
in my presence. Technically the process is better than that already
described, for here we find the beginnings of the potter’s wheel,
which does not seem to exist in the plains; at least I have seen
nothing of the sort. The artist, a frightfully stupid Makua woman, did
not make a depression in the ground to receive the pot she was about
to shape, but used instead a large potsherd. Otherwise, she went to
work in much the same way as Salim’s mother, except that she saved
herself the trouble of walking round and round her work by squatting
at her ease and letting the pot and potsherd rotate round her; this is
surely the first step towards a machine. But it does not follow that
the pot was improved by the process. It is true that it was beautifully
rounded and presented a very creditable appearance when finished,
but the numerous large and small vessels which I have seen, and, in
part, collected, in the “less advanced” districts, are no less so. We
moderns imagine that instruments of precision are necessary to
produce excellent results. Go to the prehistoric collections of our
museums and look at the pots, urns and bowls of our ancestors in the
dim ages of the past, and you will at once perceive your error.
MAKING LONGITUDINAL CUT IN
BARK

DRAWING THE BARK OFF THE LOG

REMOVING THE OUTER BARK

 BEATING THE BARK

WORKING THE BARK-CLOTH AFTER BEATING, TO MAKE IT

SOFT

MANUFACTURE OF BARK-CLOTH AT NEWALA

To-day, nearly the whole population of German East Africa is
clothed in imported calico. This was not always the case; even now in
some parts of the north dressed skins are still the prevailing wear,
and in the north-western districts—east and north of Lake
Tanganyika—lies a zone where bark-cloth has not yet been
superseded. Probably not many generations have passed since such
bark fabrics and kilts of skins were the only clothing even in the
south. Even to-day, large quantities of this bright-red or drab
material are still to be found; but if we wish to see it, we must look in
the granaries and on the drying stages inside the native huts, where
it serves less ambitious uses as wrappings for those seeds and fruits
which require to be packed with special care. The salt produced at
Masasi, too, is packed for transport to a distance in large sheets of
bark-cloth. Wherever I found it in any degree possible, I studied the
process of making this cloth. The native requisitioned for the
purpose arrived, carrying a log between two and three yards long and
as thick as his thigh, and nothing else except a curiously-shaped
mallet and the usual long, sharp and pointed knife which all men and
boys wear in a belt at their backs without a sheath—horribile dictu!
[51]
Silently he squats down before me, and with two rapid cuts has
drawn a couple of circles round the log some two yards apart, and
slits the bark lengthwise between them with the point of his knife.
With evident care, he then scrapes off the outer rind all round the
log, so that in a quarter of an hour the inner red layer of the bark
shows up brightly-coloured between the two untouched ends. With
some trouble and much caution, he now loosens the bark at one end,
and opens the cylinder. He then stands up, takes hold of the free
edge with both hands, and turning it inside out, slowly but steadily
pulls it off in one piece. Now comes the troublesome work of
scraping all superfluous particles of outer bark from the outside of
the long, narrow piece of material, while the inner side is carefully
scrutinised for defective spots. At last it is ready for beating. Having
signalled to a friend, who immediately places a bowl of water beside
him, the artificer damps his sheet of bark all over, seizes his mallet,
lays one end of the stuff on the smoothest spot of the log, and
hammers away slowly but continuously. “Very simple!” I think to
myself. “Why, I could do that, too!”—but I am forced to change my
opinions a little later on; for the beating is quite an art, if the fabric is
not to be beaten to pieces. To prevent the breaking of the fibres, the
stuff is several times folded across, so as to interpose several
thicknesses between the mallet and the block. At last the required
state is reached, and the fundi seizes the sheet, still folded, by both
ends, and wrings it out, or calls an assistant to take one end while he
holds the other. The cloth produced in this way is not nearly so fine
and uniform in texture as the famous Uganda bark-cloth, but it is
quite soft, and, above all, cheap.
Now, too, I examine the mallet. My craftsman has been using the
simpler but better form of this implement, a conical block of some
hard wood, its base—the striking surface—being scored across and
across with more or less deeply-cut grooves, and the handle stuck
into a hole in the middle. The other and earlier form of mallet is
shaped in the same way, but the head is fastened by an ingenious
network of bark strips into the split bamboo serving as a handle. The
observation so often made, that ancient customs persist longest in
connection with religious ceremonies and in the life of children, here
finds confirmation. As we shall soon see, bark-cloth is still worn
during the unyago,[52] having been prepared with special solemn
ceremonies; and many a mother, if she has no other garment handy,
will still put her little one into a kilt of bark-cloth, which, after all,
looks better, besides being more in keeping with its African
surroundings, than the ridiculous bit of print from Ulaya.
MAKUA WOMEN