Traditional Culture Encyclopedia - Hotel franchise - Does the hotel owner need to compensate the hotel owner if a guest dies?

Does the hotel owner need to compensate the hotel owner if a guest dies?

The owner’s responsibilities when a hotel guest dies:

1. If the death is caused by one’s own reasons, the hotel is not responsible;

2. The hotel failed to fulfill its safety obligations If an accident causes death, the hotel shall bear civil liability;

People with full capacity for civil conduct shall be responsible for their own actions and the consequences of their actions. If the hotel, as a safety obligor, is at fault, it shall be responsible until it can prevent the accident. Or bear corresponding supplementary liability within the scope of preventing the damage. If the hotel is not at fault, it does not need to bear liability for compensation.

If a hotel fails to fulfill its corresponding safety obligations and causes the death of another person, it shall bear tort liability for his or her death. If the death of another person staying in the hotel is caused by the behavior of a third party, the third party shall bear tort liability. If the hotel fails to fulfill its safety guarantee obligations, it shall bear supplementary liability.

The basic principle of civil compensation is: if you are at fault, you are responsible; if you commit suicide in a hotel and the hotel is not at fault, the hotel does not need to bear responsibility. If the hotel fails to fulfill its safety protection obligations within reasonable limits and causes personal injury to others, the hotel shall bear corresponding liability for compensation. In principle, suicide has nothing to do with others.

If a consumer, as a hotel guest, becomes unwell alone in the hotel, and the hotel staff fails to take effective measures in a timely manner after discovering it, causing a certain delay in treatment, the consumer shall bear corresponding liability for compensation. Specific compensation shall be paid. The proportion will be determined by the court based on the hotel's degree of fault in the incident.

Legal Basis

Article 1198 of the "People's Republic of China and Civil Code" Hotels, shopping malls, banks, stations, airports, sports venues, entertainment venues If operators, managers of business premises, public places, or organizers of mass activities fail to fulfill their safety guarantee obligations and cause harm to others, they shall bear tort liability.

If the third party causes damage to others due to the behavior of a third party, the third party shall bear tort liability; if the operator, manager or organizer fails to fulfill the safety guarantee obligations, he shall bear the corresponding supplementary liability. After the operator, manager or organizer assumes supplementary liability, it may recover compensation from the third party.