Traditional Culture Encyclopedia - Hotel accommodation - How should I compensate according to laws and regulations if the hotel carpet is soiled?
How should I compensate according to laws and regulations if the hotel carpet is soiled?
If it is soiled and can be cleaned, the cleaning fee will be compensated. If it cannot be restored to its original state, compensation should be based on the actual loss. Compensation for loss is a type of civil liability, as follows:
"General Principles of the People's Republic of China and Civil Law"
Article 179 The main ways to bear civil liability are:
(1) Stop the infringement;
(2) Remove obstacles;
(3) Eliminate danger;
(4) Return property;
(5) Restore the original status;
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(6) Repair, redo, and replace;
(7) Continue performance;
(8) Compensate for losses;
(9) ) Pay liquidated damages;
(10) Eliminate the impact and restore reputation;
(11) Apologize.
If the law provides for punitive damages, such provisions shall prevail.
The methods for bearing civil liability stipulated in this article may be applied individually or in combination.
"Tort Liability Law of the People's Republic of China"
Article 19 If the property of others is infringed, the property loss shall be calculated according to the market price at the time of the loss or other methods.
Article 20: If the personal rights and interests of others are infringed upon and property losses are caused, compensation shall be based on the losses suffered by the infringed party; if the losses of the infringed party are difficult to determine and the infringer obtains benefits as a result, compensation shall be based on the benefits obtained by the infringed party. Compensation;
It is difficult to determine the benefits obtained by the infringer. If the infringer and the infringer disagree on the amount of compensation and file a lawsuit with the People's Court, the People's Court shall determine the amount of compensation based on the actual situation.
Extended information:
Compensation case:
Female college student Xiao Zhang reported that her boyfriend used candles to make a heart-shaped pattern in the room to add romance. When checking out, the hotel But they claimed that the carpet was damaged and they paid 1,600 yuan in compensation.
Classmate Zhang said that she was studying at a university in Xi'an and returned to Wuhan a few days ago to visit her boyfriend who was studying here. They booked a room at the Elan Hotel on Bayi Road. On the evening of the 18th, in order to create a romantic atmosphere, her boyfriend used candles to place a heart-shaped pattern in the room to show his love to her, which moved her very much.
Unexpectedly, when I checked out at noon the next day, the hotel said that the hot oil dripping from the candles had stained the carpet, and asked them to pay 1,600 yuan for the cost of replacing the carpet. Classmate Zhang and her boyfriend had no choice but to pay, and she was very depressed, "The candle oil dripped on the ground, is it so serious?"
In the afternoon, a reporter from Chutian Metropolis Daily came to the hotel, and the staff member Ms. Shi The reporter was taken to the room where Zhang and his classmates lived at the time. On the carpet near the window, there was a stain of about 1 square meter. Ms. Shi said that this was the mark left by the burning candle.
Ms. Shi said that the room was covered with a whole carpet. After damage, it could not be restored to its original state by cleaning, nor could it be partially replaced. It could only be replaced with a new one as a whole. The 1,600 yuan includes carpet fees, installation fees, and auxiliary material fees, which are charged based on the manufacturer's quotation. If Zhang thinks the cost is too high, they can contact the carpet manufacturer to replace the carpet themselves, and the hotel is willing to refund the cost.
People's Daily Online - Couples light candles in a room to create romance. Hotel: If the carpet is stained, they will pay 1,600 yuan
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