The hotel provides free driving service. Can an accident be exempted?

Mr. Wang, a citizen: In order to attract customers' consumption, a large hotel provides free driving service for customers after drinking. Recently, I attended a high school reunion in this hotel, and invited a hotel driver to drive home after dinner. On the way, the driver on behalf of the driver injured the pedestrian Kim while turning, and the traffic police determined that the vehicle should take full responsibility and compensate the medical expenses for 5, yuan. Afterwards, I argued with the hotel about the compensation for Kim's medical expenses. I think the hotel should pay the bill, but the hotel refused to pay compensation on the grounds that it provided free services. Excuse me, the hotel's driver service is free, and you can be exempted from the accident?

handling according to the consumption contract

the hotel's provision of driving service is not free

it should bear the responsibility

Lawyer Zhuo Yula: This case is the responsibility of the hotel for providing so-called "free" driving service to attract business, resulting in traffic accidents.

firstly, the so-called "free" service provided by the hotel in this case is not free in essence. As a consumer, Mr. Wang drives to the hotel for consumption. Although the hotel does not charge for the drunk driving service provided by him, the cost has been invisibly included in other consumption of the hotel, and the relationship between the two parties is still the relationship between the consumer and the operator. Therefore, as long as the hotel provides the driving service, it should be responsible for the personal and property safety of consumers while driving. The hotel can't take the provision of free service as a defense to refuse compensation, but it can be used as a defense to reduce the responsibility.

second, the driver on behalf of the driver in this case is a hotel staff member. After a traffic accident occurs in the course of his driving service, according to the provisions of Article 49 of the Tort Liability Law of the People's Republic of China, the insurance company shall bear the responsibility first, and the driver on behalf of the driver shall bear the responsibility if the compensation amount of the insurance company is insufficient. Because the driver on behalf of the driver is a hotel staff member, according to the relevant laws and regulations, the amount of compensation borne by the driver on behalf of the driver should be borne by the hotel.

thirdly, if Mr. Wang is at fault in the process of driving service, and there is a causal relationship between his fault behavior and the damage facts, he should bear corresponding responsibilities.