Di Zi Hotel

Should the hotel compensate for the theft of property while staying in the hotel? According to Article 6 of the Supreme People's Court's Interpretation 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." It can be seen that as long as the hotel you stay in has defects in safety, you should be responsible for your own losses. But if this case really goes to court, you must bear the burden of proof of specific losses, which is quite difficult in practice.

It is useless for the stolen hotel to use the "valuables storage" clause to exempt itself, because the description on the front desk and room card belongs to the standard contract and is invalid according to the contract law.

Contract law of the people's Republic of China

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Article 40 A standard clause is invalid if it falls under any of the circumstances stipulated in Articles 52 and 53 of this Law, or if the party providing the standard clause exempts the other party from its responsibilities, aggravates the other party's responsibilities or excludes the other party's main rights.

Article 53 The following exemption clauses in this contract are invalid:

(2) Causing property losses to the other party due to intentional or gross negligence.

At the same time, according to Article 1 1 of the Law of People's Republic of China (PRC) on the Protection of Consumers' Rights and Interests, you are entitled to compensation for property losses caused by accepting hotel services.

Article 11 Consumers who suffer personal or property damage due to purchasing or using commodities or receiving services have the right to compensation according to law. (See Articles 122 of General Principles of Civil Law and Articles 40-44 of Quality Law)

If you pay for the mobile phone and cash, you should also pay for other items.

I suggest you call the police as soon as possible. The police will analyze how the thief got in and whether he came in through the window. As long as it can prove that the hotel's security measures are flawed, it will be easy.

According to the Law of People's Republic of China (PRC) on the Protection of Consumer Rights and Interests

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Chapter III Obligations of Operators

Article 18 Operators who have the obligation to protect consumers' safety shall ensure that the goods or services they provide meet the requirements of protecting personal and property safety. For goods and services that may endanger personal and property safety, consumers should be given a true explanation and a clear warning, and the methods of correctly using goods or receiving services and the methods of preventing harm should be explained and marked.

If a business operator finds that the goods or services provided by him are seriously defective, and even if the goods or services are used correctly, it may still cause harm to personal and property safety, it shall immediately report to the relevant administrative departments and inform consumers, and take measures to prevent the occurrence of harm.

Obviously, it must be proved that the hotel's service is defective and causes losses, that is, if the hotel does not set a reminder sign in an obvious position; Or install enough monitoring facilities; Or if you don't arrange enough security personnel, you will be responsible.

But in real life, it is difficult for consumers who are responsible for providing evidence to prove how much cash they have lost. If the loss cannot be defined, it is difficult to ask the hotel to specify the compensation amount. If you can prove through the museum that you brought these equipment or provide invoices for the purchase of these items, you can ask the hotel for compensation.

Whether the property stolen in the hotel should be compensated depends on the specific situation. If the hotel fails to fulfill its security obligations within reasonable limits, causing property losses to others, the hotel shall bear corresponding responsibilities. In other words, as long as the guests are not at fault, the hotel is presumed to be at fault. If the hotel can't prove that it is not at fault, it should compensate.

Article 6 of Tort Liability Law 1. If the actor infringes upon the civil rights and interests of others due to his fault, he shall bear the tort liability.

2. If the actor is presumed to be at fault according to the law, and the actor cannot prove that he is not at fault, he shall bear tort liability.

It is difficult to prove whether the hotel is liable for hotel theft. The notebook and mobile phone you just bought still have more than 1000 yuan. So in theory, you can claim compensation, but there is great uncertainty whether you can support you to lose so much money after the actual prosecution. Therefore, it is better to negotiate.

It is difficult to claim compensation because the evidence is insufficient.

Is the boss liable for compensation for the theft of hotel accommodation? Accommodation in a hotel is a consumption behavior. A hotel is an operator that provides services to you. If you pay the hotel accommodation fee according to the hotel's regulations and requirements, the hotel is obliged to protect your life and property from any damage (except force majeure). According to Article 7 of the Law on the Protection of Consumers' Rights and Interests, "consumers have the right to protect their personal and property safety when purchasing and using commodities and receiving services. Consumers have the right to demand that the goods and services provided by business operators meet the requirements of protecting personal and property safety. If your computer is lost due to staying in the hotel, the hotel should bear all the compensation responsibilities.

But if the hotel has evidence to prove that you are also at fault, you should also bear part of the responsibility.

Solution:

First, you have to negotiate with the hotel. If negotiation fails, you can seek mediation from the Consumer Association (Industry and Commerce Bureau). If mediation fails, it may also bring a lawsuit to the people's court and request the people's court to make a ruling according to law.

The theft of hotel property depends first on whether you have certain responsibilities, such as leaving the room open. If it is your personal fault, the hotel can't bear all the losses.

In view of your loss of 2000 yuan, litigation is time-consuming, laborious and expensive, which is not cost-effective, and there are certain risks. Please consider it carefully.

The following personal views are for reference only:

Negotiating with the owner may threaten to complain to the media, exposing the poor security of the hotel, and the owner refuses to be responsible for the loss.

Can a guest claim compensation for losing his motorcycle during his stay in the hotel? If he stops at his own residence or explicitly gives it to the hotel for safekeeping, the hotel has the obligation to keep it, and he can ask the hotel to compensate for the loss.

Should the hotel compensate for the theft of things in the hotel parking lot? 1. According to the trusteeship contract law, you can claim compensation.

2. Consult the competent parking lot unit first. Whether the competent unit has the qualification of property management is secondary, and the key is to have the qualification of legal person (that is, the unit or individual who can bear civil liability for compensation, such as the superior supervisor of the community management office), which is on your payment receipt. It's best to negotiate a reasonable compensation, so as not to hurt the peace. If negotiation fails, a civil lawsuit can be brought to the court according to the Custody Contract Law, the Parking Payment Receipt and the receipt of filing by the public security department.

There is no legal basis for you to ask the old man on duty for compensation. The behavior of the elderly belongs to the duty behavior, and there is negligence, but the responsibility is punished by the employer.

If your other car violates the contract, it will park in the original parking space without paying the fee, and the parking lot can sue you if necessary. If it's not good for you, you should pay the fee as agreed. Well, the property management company in your community should investigate the civil liability of the property as the defendant. For that old man, his behavior belongs to duty behavior, and the property company he belongs to is liable for compensation instead of you. In addition, the evidence in civil litigation is very important. For example, he said I don't know anything, it's none of my business, I just work. We must consciously preserve similar favorable evidence.

Should the hotel be liable for compensation if it is infringed by a third party during its stay in the hotel? Lawyer Ran Bin of Chongqing Meiling Law Firm answered as follows:

Whether the hotel takes responsibility depends on whether the hotel fulfills its security obligations. Those who fail to do so shall bear corresponding supplementary responsibilities.

How to claim for lost valuables when staying in a hotel? There is no legal provision for valuables storage, which is generally prompted by the hotel and operated by both parties.

I think the hotel should pay you. Although the hotel has prompted you to sign the list of no valuables and cash deposits, your lost laptop and mobile phone should belong to your daily necessities, so you can exclude them from the valuables category.

The hotel should be responsible for this kind of theft, so you have the right to claim compensation. If negotiation fails, you can sue.