Traditional Culture Encyclopedia - Hotel franchise - How to compensate for the hotel fall?
How to compensate for the hotel fall?
1. If the hotel fails to fulfill its security obligations within the scope, for example, if the customer falls and is injured due to wet ground, it shall bear the personal safety responsibility of the consumer;
2. If consumers are at fault, they can appropriately reduce their responsibilities.
Personal injury appraisal standards are as follows:
1, seriously injured. Causing physical disability, appearance damage, hearing loss, vision loss, loss of other organ functions or other serious damage to personal health, including first-degree and second-degree serious injuries;
2, minor injuries. Damage to human body or appearance, partial damage to hearing, vision or other organ functions, or moderate damage to personal health, including first-degree minor injuries and second-degree minor injuries;
3. Minor injuries. Primary injury is caused by a variety of injury factors, leading to slight damage or dysfunction of tissues and organ structures.
The treatment methods for guests falling in the hotel are as follows:
1. If the hotel fails to fulfill its security obligations within the scope, for example, if a customer falls and is injured due to wet ground, it will bear the personal safety responsibility of the consumer, and the hotel needs to bear 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.
To sum up, the premise of hotel compensation is that there is a fault, judge the size of the fault according to the actual situation, and bear corresponding responsibilities. If the hotel fails to fulfill its security obligations within the scope, such as customers falling down due to wet ground, it will bear the personal safety responsibility of consumers; If consumers are at fault, they can appropriately reduce their responsibilities.
Legal basis:
Article 1 198 of the Civil Code of People's Republic of China (PRC).
Operators, managers or organizers of mass activities in hotels, shopping malls, banks, stations, airports, stadiums, entertainment places and other business places shall bear tort liability if they fail to fulfill their security obligations and cause damage to others. If the behavior of a third party causes damage to others, the third party shall bear the tort liability; Operators, managers or organizers who fail to fulfill their security obligations shall bear corresponding supplementary responsibilities. Operators, managers or organizers may claim compensation from a third party after assuming supplementary responsibilities.
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