Does the hotel need compensation for the theft of free parking?

Legal analysis: when going out to stay in a hotel, the tenant establishes a hotel service contract relationship with the hotel. The hotel has the right to charge the guests, at the same time, it has the obligation to provide accommodation for the guests and to protect the passengers' personal and personal belongings to a certain extent. However, the lessee is the first person responsible for his personal and property rights and should properly protect his personal and property rights.

According to Article 365 of the Contract Law: "A custody contract is a contract in which the custodian keeps the deposit delivered by the depositor and returns it." Article 367 stipulates: "A custody contract shall be established upon the delivery of the deposit, unless otherwise agreed by the parties."

As can be seen from the above provisions, the custody contract is a practical contract. From the moment when the owner parked the car in the free parking space and the merchant accepted it, the two sides formed a custody contract relationship.

In this case, the hotel is partly responsible for the theft of the vehicle for three reasons: first, the hotel service contract relationship has been established between the owner and the hotel; Secondly, the parking is carried out under the command of the hotel staff, that is, the hotel knows the fact that the owner parked the car in front; Third, the parking place belongs to the public parking lot, so it is also wrong not to park the vehicle in the special parking lot.

Extended data:

Analysis on the effectiveness of the exemption clause of hotel free parking;

"Free parking" is not free in essence, but a paid commercial service. Consumers park their vehicles in the relevant parking lot, that is, they form a paid custody contract relationship with the merchants. Once the vehicle is stolen, the merchant can't prove that he is innocent, and the owner may get compensation.