Traditional Culture Encyclopedia - Hotel accommodation - Should the hotel be responsible for the stolen property left in the car at the door when eating at the hotel?

Should the hotel be responsible for the stolen property left in the car at the door when eating at the hotel?

Whether the hotel should be responsible for the stolen property in the car that is eaten in the hotel or left at the door mainly depends on whether the hotel has fulfilled its duty of care and whether there is a custody contract relationship between the hotel and the consumer.

1. According to Article 7 of the Law of People's Republic of China (PRC) on the Protection of Consumers' Rights and Interests, "Consumers have the right to protect their personal and property safety when purchasing, using goods and receiving services, and consumers have the right to require the goods and services provided by operators to meet the requirements for protecting their personal and property safety", hotels have the legal obligation to protect the personal and property safety of customers when providing consumer services. Accordingly, if the parking lot in front of the hotel is a parking lot specially provided by the hotel for consumers, the hotel should fulfill its duty of care to protect the personal and property safety of consumers from infringement, otherwise, the hotel should bear corresponding responsibilities.

2. According to Article 369 of the Contract Law of People's Republic of China (PRC), "the custodian shall properly keep the deposit, and during the storage period, if the deposit is damaged due to poor safekeeping by the custodian, the custodian shall be liable for damages". Accordingly, when consumers spend money in the hotel and park their cars in the parking lot designated by the hotel, the consumer and the hotel actually form a custody contract relationship, and the hotel has the obligation to properly keep the consumer's property. If the hotel as a trustee can't prove that it has no gross negligence, it should also bear the corresponding responsibility.

To sum up, the hotel has an unshirkable responsibility for the theft of property when consumers park in the parking lot designated by the hotel after eating. Unless the hotel has clearly told consumers to take their belongings with them, the consequences will be at their own risk.