Traditional Culture Encyclopedia - Hotel franchise - How to punish according to the regulations if the hotel monitoring is broken?
How to punish according to the regulations if the hotel monitoring is broken?
The hotel's surveillance is broken. If the financial affairs of the guests staying in the hotel are stolen, causing the guests staying in the hotel to suffer losses, the hotel should bear certain liability for compensation, generally not exceeding 20% of the losses. After all, the loss was directly caused by the thief. If negotiation fails, it can be settled through litigation. If the hotel monitoring is normal, don't take responsibility. According to the Consumer Protection Law and the Contract Law, the hotel can be sued because it did not provide relatively safe services and indirectly caused losses to consumers.
Extended data
(1) Identification and handling of acts violating the relevant provisions of the hotel industry.
1. Where a hotel business unit operates without the permission of the local public security organ, or a bathing place provides accommodation services without permission, regardless of whether it has obtained an industrial and commercial business license, it shall be detained for more than 10 and less than 15 days in accordance with the provisions of Article 54 of the Law on Public Security Administration Punishment, and fined for more than 1000 yuan in 500 yuan; If the circumstances are minor, they shall be detained for not more than five days or fined not more than five hundred yuan, and shall be banned.
2. The hotel established according to law is closed, job-hopping, merged, relocated or renamed. , and within three days after handling the industrial and commercial change registration, failing to file with the public security organ and change the copy of the special trade license, you can give a warning or impose a fine of less than 200 yuan according to the provisions of Article 15 of the Measures for the Administration of Public Security in Hotel Industry.
3. The hotel approved by the public security organ has not obtained the industrial and commercial business license, and the public security organ finds that it has closed down, changed jobs, merged, moved and changed its name. , it did not go through the change registration with the industrial and commercial department, and copied it to the industrial and commercial department for handling.
(two) the identification and handling of the behavior of not registering the information of accommodation passengers according to the regulations.
One of the following acts can be identified as "failing to register the information of the accommodation passengers as required", and in accordance with the provisions of the first paragraph of Article 56 of the Law on Public Security Administration Punishment, the hotel-related staff shall be fined from 200 yuan to 500 yuan; Under the guidance of the hotel supervisor, the supervisor should be punished at the same time:
1, the information of accommodation passengers is not registered;
2. It is found that the accommodation passengers fraudulently use other people's identity documents or use fake identity documents for accommodation registration, and fail to stop or report to the public security organ in time, but still register according to the documents provided by the passengers;
3. Failing to input, transmit or submit the information of accommodation personnel and "no guests" in time as required.
Bathing places accept customers to rest at the place from 2 am to 8 am, and those who commit any of the above acts shall be punished in accordance with the provisions of the preceding paragraph.
Failing to enter, transmit or submit the information of "no customer" in time as required, the punishment may be mitigated or not punished. If the hotel system fails to input and transmit the information of accommodation passengers in time, and the hotel business unit has reported to the public security organ in time and implemented remedial measures as required, it will not be punished.
4. If the hotel receptionist fails to register according to the regulations, the registered lodger stays with others without authorization, and the hotel staff fails to stop or go through the registration formalities in time, or fails to report to the public security organ in time, the hotel operator or the relevant person in charge shall be punished in accordance with the provisions of the first paragraph of Article 56 of the Law on Public Security Administration Punishment.
5. Hotel staff should provide resident identity cards, temporary resident identity cards, household registration certificates with photos, Hong Kong and Macao residents' passes to and from the mainland, mainland travel permit for taiwan residents, travel cards, foreigners' passports, military officer cards, armed police officer cards, officers' divorce and retirement cards, and soldiers' cards.
(three) on the identification and handling of violations of the "Resident Identity Card Law"
Accommodation passengers who fraudulently use other people's identity cards or use forged or altered identity cards shall, in accordance with the provisions of Article 17 of the Resident Identity Card Law, be fined from 200 yuan to 1,000 yuan or detained for up to 10 days. Illegal gains shall be confiscated.
(four) on the identification and handling of violations of internal security management regulations.
One of the following acts, the existence of security risks, can be identified as a violation of internal security regulations, in accordance with the provisions of Article 19 of the Regulations on Internal Security of Enterprises and Institutions, the public security organ shall order rectification within a time limit and impose a warning; If the unit fails to make rectification within the time limit, causing personal injury to citizens, loss of public or private property, or seriously threatening citizens' personal safety, public or private property safety or public safety, the unit shall be fined 1000 yuan or more 1000 yuan or less, and the main person in charge of the unit and other directly responsible personnel shall be fined more than 5,000 yuan from 500 yuan, and the relevant organizations may be suggested to punish the main person in charge of the unit. If the circumstances are serious enough to constitute a crime, criminal investigation shall be conducted according to law.
1, without public security institutions or full-time or part-time public security personnel;
2, the public security organs and personnel did not perform their duties according to law;
3, did not establish and implement the duty patrol, property storage, fire safety, public safety education and training system;
4, public security measures are not implemented;
5 other acts in violation of the provisions of the internal security management of enterprises and institutions.
(five) the identification and handling of hotel staff obstructing state staff from performing their duties according to law.
Hotel staff who obstruct the public security police from performing their duties according to law shall be punished in accordance with the provisions of Article 50 of the Law on Public Security Administration Punishment. If the case constitutes a crime, criminal responsibility shall be investigated in accordance with the provisions of Article 277 of the Criminal Law. Hotel industry supervisors who instruct staff to obstruct public security police from performing their duties according to law shall be punished at the same time.
When public security police conduct public security inspections and investigate cases according to law, they refuse to provide relevant information such as registration books, which can be considered as "obstructing state staff from performing their duties according to law".
(6) About revoking the license
If a hotel business unit commits one of the following acts, it shall be deemed as serious, and the public security organ may revoke its special trade license in accordance with the provisions of the third paragraph of Article 54 of the Law on Public Security Administration Punishment:
1. Failing to register the information of stay-in passengers in accordance with regulations, failing to stop passengers from carrying dangerous goods, failing to report the stay-in passengers knowing that they are criminal suspects, or failing to make corrections after being told by the public security organ for more than three times, and being punished by the public security organ for one of the above acts;
2. Failing to stop the lodging passengers from carrying dangerous goods, causing major safety accidents;
3, in violation of safety regulations, resulting in a major accident in the hotel, or there is a danger of a major accident, which is enough to seriously threaten the personal safety of citizens, public and private property safety or public safety, and fails to correct it after being notified by the public security organ;
4, in violation of management regulations, resulting in serious circumstances, resulting in adverse social impact;
5, other violations of relevant state regulations, if the circumstances are serious.
(7) About banning
Banning unlicensed hotels is an administrative compulsory measure for public security organs to terminate illegal hotel business activities in accordance with legal authority and procedures without the permission of public security organs. According to the spirit of the Law on Public Security Administration Punishment and the Interpretation of Public Security Organs on Several Issues Concerning the Implementation of the Law on Public Security Administration Punishment in People's Republic of China (PRC), when the public security organs ban unlicensed hotels, they can enter the unlicensed hotels for inspection, investigate and understand the relevant situation from the hotel staff and accommodation passengers, consult, copy and detain bills, account books and other materials related to unlicensed operations, and detain cases. If the illegal facts are clear and the evidence is conclusive, the following treatment shall be made according to law:
1, ordered to stop the hotel business activities;
2, the collection of equipment and other property dedicated to the illegal business activities of the hotel;
3. Recover the illegal income.
If the circumstances are serious enough to constitute a crime, criminal responsibility shall be investigated in accordance with the provisions of the Criminal Law.
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