Traditional Culture Encyclopedia - Hotel franchise - What responsibility should the hotel bear if the guest falls in the hotel room?
What responsibility should the hotel bear if the guest falls in the hotel room?
It is unreasonable to directly reduce all room rates. The premise of hotel compensation is that there is fault. First of all, it is necessary to distinguish whether the hotel is liable for compensation. That is, what caused the guests to fall?
1. If the hotel fails to provide the safety guarantee obligations within the scope, for example, if the customer falls or is injured due to wet ground, it will bear the personal safety responsibility of the consumer, and the hotel needs to bear the corresponding responsibilities.
In principle, the hotel is not responsible if it is caused by the guest's carelessness. If both parties are at fault, they shall bear the responsibility according to the proportion of fault, and the specific division shall be determined by both parties through consultation. If negotiation fails, they can bring a lawsuit to the court. Guests claim compensation from the hotel to prove that the hotel is at fault.
Extended data:
According to Article 6 of the Interpretation of the Supreme People's Court on Several Issues Concerning the Application of Laws in the Trial of Personal Injury Compensation Cases, if a natural person, legal person or other organization engaged in business activities such as accommodation, catering, entertainment or other social activities fails to fulfill its security obligations within a reasonable range and causes personal injury to others, the people's court shall support it.
Article 17 If the victim suffers personal injury, the compensation obligor shall compensate all expenses such as medical expenses and reduced income caused by absenteeism, including medical expenses, lost time, nursing expenses, transportation expenses, accommodation expenses, hospital food subsidies and necessary nutrition expenses.
If both parties are at fault, according to the proportion of fault, under normal circumstances, the guest who slipped will bear 30% to 40% of the responsibility.
Causes of hotel accidents:
1, hotel reason. Including accidental failures of facilities and equipment, such as power failure, water cut-off, line aging, air conditioning failure, etc. Service personnel or backstage personnel operation errors, etc.
2. Customer reasons. Including the physical and psychological discomfort of the guests themselves, such as sudden illness; Quesna's own irrationality and bad behavior, such as making trouble by drinking, evading orders, etc.
3. External reasons. Including sudden changes in natural conditions, such as bad weather; Infrastructure problems, such as regional power supply and water supply; Sudden social problems, such as epidemics.
References:
Peking University Legal Information Network —— the Supreme People's Court's Legal Application in the Trial of Personal Injury Compensation Cases
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