Traditional Culture Encyclopedia - Hotel franchise - Legal compensation standards for hotel rooms being opened to the wrong door
Legal compensation standards for hotel rooms being opened to the wrong door
The legal compensation standard for a hotel that opens the wrong door is as follows:
The compensation standard for a hotel that opens the wrong door is based on the actual consequences.
If there is no damage and no compensation is required, according to the cause of personal damage, it can be divided into general tort personal damage, special tort personal damage, product damage, traffic accident damage, medical damage, environmental pollution damage, altitude damage There are several types of damage from hazardous operations, damage to animals raised, work-related injury damage, damage to objects and damage from accidental events.
If the hotel staff opens the wrong room door and causes mental damage to the guest and the privacy rights are violated, the guest shall bear tort liability and compensate for the losses caused. The law does not specifically stipulate the compensation standard, which can be determined by negotiation between the two parties. Specific amount of compensation.
Legal information on how to sue a hotel defendant:
You can collect evidence and go to court to sue. Pay attention to collecting evidence. The evidence includes: witness, documentary evidence, audio-visual materials, etc. In 2001, the Supreme People's Court promulgated judicial interpretations of several provisions on civil evidence. The interpretation makes the following provisions regarding the probative power of several pieces of evidence for the same fact:
1. The probative power of official documents produced by state agencies and social groups in accordance with their powers is generally greater than other documentary evidence;
2. Physical evidence, files, appraisal conclusions, inspection records or notarized and registered documentary evidence are generally more powerful than other documentary evidence, audio-visual materials and witness testimony;
3. Original evidence The probative force is generally greater than that of transmitted evidence;
4. The probative force of direct evidence is generally greater than that of indirect evidence;
5. The evidence provided by the witness is beneficial to the parties who are relatives or other closely related parties. The probative force of a witness's testimony is generally less than that of other witnesses.
To sum up, the compensation standard for a hotel that opens the wrong room door is based on the actual consequences.
Legal basis:
Article 5 of the "Interpretations of the Supreme People's Court on Several Issues Concerning Determination of Liability for Compensation for Mental Damage in Civil Torts"
Legal persons or other organizations shall use their personality If a person files a lawsuit in the People's Court for compensation for mental damage on the grounds that his rights have been infringed, the People's Court will not accept the case.
Article 6
If a party does not file a claim for compensation for mental damage during an infringement lawsuit, and after the conclusion of the lawsuit, he files a separate lawsuit for compensation for mental damage based on the same infringement facts, the people's court shall not be accepted.
Article 8
If the infringement causes mental damage but does not cause serious consequences, the victim's request for compensation for mental damage will generally not be supported. The people's court may make an order based on the circumstances. The infringer should stop the infringement, restore his reputation, eliminate the impact, and apologize.
If an infringement causes mental damage and serious consequences, in addition to ordering the infringer to bear civil responsibilities such as ceasing the infringement, restoring reputation, eliminating the impact, and making an apology, the people's court may, at the request of the victim, He was ordered to pay corresponding solatium for mental damage.
Article 10
The amount of compensation for mental damage is determined based on the following factors:
(1) The degree of fault of the infringer, unless otherwise provided by law;
(2) Specific circumstances such as the means, occasion, and behavior of the infringement;
(3) The consequences of the infringement;
(4) Infringement The person’s profit situation;
(5) The infringer’s financial ability to bear liability;
(6) The average living standard in the location of the court where the lawsuit is filed.
If laws and administrative regulations have clear provisions on disability compensation, death compensation, etc., the provisions of laws and administrative regulations shall apply.
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