Section 34-15-13

Safe depository for valuable articles - Conditional liability.

Such hotel as shall maintain a safe depository and display notice as is required by Section 34-15-12 shall, in no event and under no circumstances or conditions, be liable in any amount for any loss, damage or destruction of the valuables of a guest by theft, burglary, fire or by any other cause whatsoever, whether or not of a nature enumerated above, if the said valuables shall not have been left with the hotel, its clerk or agent for deposit in said safe depository. Whenever the phrase "loss, damage or destruction by theft or otherwise" is used in this chapter, it shall include any loss, damage or destruction of the valuables, baggage or property of a guest, as the case may be, by theft, burglary, fire or by any other cause whatsoever, whether or not of a nature enumerated above. If a hotel maintains a safe depository and valuables are left by a guest with said hotel, its clerk or agent for deposit in said safe depository, the limit of liability of said hotel for any loss, damage or destruction of said valuables, by theft or otherwise, shall be $300.00, regardless of whether or not said hotel shall have displayed notice as required by Section 34-15-12; provided, that upon accepting any such valuables said hotel must furnish to said guest a receipt upon which there shall appear in not less than 10-point type on the face thereof the following words: "The liability for loss, damage or destruction of valuables, by theft or otherwise, is limited by law to $300.00 unless otherwise provided by special written contract." There shall also appear on said receipt in not less than 10-point type and underlined the following words: "If the guest is depositing valuables in the safe depository of the hotel for safekeeping, which said valuables exceed in value the sum of $300.00, the guest may request the hotel to enter into a special written contract, to be supplied by the hotel, whereby the hotel agrees to assume liability for the value of said valuables; provided, however, that in no event and under no circumstances or conditions shall the hotel (1) be liable in excess of the actual value of said valuables regardless of the stated value thereof in said contract; and (2) be required to enter into a contract assuming liability in excess of $5,000.00 for the loss, damage or destruction of said valuables, by theft or otherwise, regardless of the stated value or actual value thereof. Such contract must be in writing, signed by the guest and signed on behalf of the hotel by its manager, assistant manager, desk clerk or other person in charge of or in authority in the hotel." Failure of the hotel to provide such receipt to any guest who leaves valuables with the hotel for deposit in its safe depository shall remove the $300.00 limitation of liability provided by this section.

(Acts 1959, No. 412, p. 1046, §1.)