Hospitality-Related Entities and Retailers: How You Can Prepare for Hurricane Season

By Christian Stegmaier
Collins & Lacy, P.C.

With the 25^th anniversary of Hurricane Hugo upon us and hurricane season in full swing, it is imperative those in retail and hospitality evaluate and discuss disaster planning preparedness. Christian Stegmaier, retail and hospitality lawyer with Collins & Lacy, P.C. and adjunct professor of hotel and restaurant law in the University of South Carolina’s nationally-acclaimed College of Hospitality, Retail & Sport Management, makes the following suggestions to hotels and food service establishments:

• Take steps before the storm to secure your physical property and minimize the effects of wind and rain.
• Stay in contact with corporate risk managers and safety directors and heed their directions concerning emergency response.
• Review your establishment’s emergency response plan with all of your personnel. This plan should spell out what is to be done in response to a natural disaster, when it is to be done and who is to do it. Management needs to take responsibility for ensuring all employees know the plan and execute upon it.
• As a part of your emergency response plan, have a clear protocol in place concerning communication.  Employees need to know what is expected of them during emergency situations.  Make sure there is a way they can get the information they need (e.g., whether they need to come into work) in a reliable manner such as email, text, phone tree or recorded telephone message.
• In the event medical treatment is needed for either guests or employees, arrange for it. Do not hesitate to provide this kind of assistance if needed.
• Communicate with your guests. Tell them exactly what is being done to respond to the crisis. Let them know what they need to do in the event the storm requires they take shelter.  Make sure your employees know to the importance of remaining calm when communicating information or directions to guests.
• Make a conclusive determination regarding whether your establishment can continue operations in the event of storm. If there is any question that you can’t, this decision needs to be immediately communicated to all personnel and guests (and prospective guests who have made reservations). Your guests and prospective guests need as much lead time as possible to make alternative arrangements in the event you determine you will not be able to operate during the storm.
• Observe all published prices and rates for your hotel or food-service establishment. Do not attempt to capitalize on a crisis by raising prices or rates on your guests. Most states have strict anti-gouging statutes that prohibit such activity. Violation of these statutes can be met with severe civil and criminal sanctions. The potentially strongly negative hit to your business’ public image is another reason to avoid the temptation to unfairly capitalize on the disaster by raising prices.

Natural disasters such as hurricanes can be stressful and potentially hazardous for everyone in their path, including hospitality providers. By having an emergency response plan in place, executing upon it, staying in active communication with stakeholders and being ever mindful of safety, your establishment can make the best of a difficult circumstance while keeping patrons safe.

About Collins & Lacy, P.C.

Collins & Lacy is a statewide business defense firm in South Carolina that delivers valuable legal representation for our clients through solid preparation, thorough execution, and client-oriented service aimed at success. With offices in Charleston, Columbia, Greenville and Myrtle Beach, the firm represents local, regional and national clients in the areas of construction, corporate and business law, employment law, hospitality/retail and entertainment law, insurance/bad faith, products liability, professional liability, commercial transportation and workers’ compensation. For more information, visit www.collinsandlacy.com