Traditional Culture Encyclopedia - Hotel accommodation - What is the drowning in private beach swimming in tourist hotels?

What is the drowning in private beach swimming in tourist hotels?

Ms. Gui, the family member of the drowning person, said that she didn't see a striking safety warning sign on the beach at that time, and later found a notice posted at the corner of the stairs. Since the incident, the hotel has been shirking its responsibility, saying that the place of occurrence is not in the hotel, and the beach belongs to a public area, and she does not assume responsibility. But the advertisement picture of the intermediary third party says that the hotel is a private beach. If the beach belongs to a public area, Ms. Gui questioned the existence of false advertisements in the hotel. Ms. Gui told her.

The incident happened in the lobby of the hotel. The picture is provided by the relatives of the drowning person.

In terms of hotels:

The beach belongs to the public domain.

The accident site of the guest is not within the business scope of the hotel.

The person in charge of the hotel said, "We have consulted a lawyer. The beach belongs to the public * * * area, and the accident site of the guests is not within the operation and jurisdiction of our hotel. We will cooperate according to the specific investigation results of the police. According to the preliminary understanding, the legal advisers and lawyers we consulted at present have no obligation in this matter. However, if the subsequent guests decide that the hotel should bear some legal responsibilities during the litigation, our hotel will bear them normally.

In response to the question that the relatives of the drowning people questioned the existence of false advertisements in the hotel, the relevant person in charge of the hotel said that the customer's purchase channel is to buy the hotel's services through a third-party platform, and the advertisements are also broadcast by a third party, which has nothing to do with the hotel, so customers can consult the third-party platform on this issue, and the hotel only provides accommodation services.

Local management committee:

Both parties have been contacted for communication and coordination.

Suggest taking legal measures to solve the problem.

"Today (4th), we have contacted relatives and hotels for coordination many times, but the two sides failed to reach an agreement, so it is suggested that the two sides take legal channels to solve this matter, and whether it involves false propaganda remains to be verified," said Zhu Pinliang, head of the Comprehensive Management Office of xunliao bay Management Committee of Huidong County.

The lawyer said:

Whether the hotel takes responsibility depends on two points.

Lawyer Hu Hailiang of Guangdong Jiutao Law Firm believes that whether the hotel should bear the liability for compensation in this case depends on two points. First, whether the hotel has managed the beach, such as closed management, and non-hotel accommodation personnel are not allowed to enter without permission. Second, it depends on whether the hotel has fulfilled its safety management obligations, such as deploying lifeguards and other measures. If negotiation fails, both parties can only bring a lawsuit to the people's court for legal treatment.