Traditional Culture Encyclopedia - Hotel reservation - Is the hotel responsible for the loss of items?
Is the hotel responsible for the loss of items?
Since the guests have checked into the hotel and gone through the check-in formalities, the hotel and the guests have formed an accommodation contract relationship, and the hotel should provide a safe accommodation environment for the guests. The hotel has the obligation to remind guests to pay attention to safety. In this case, if the goods are damaged or lost, the guest has the right to claim compensation. When the hotel is really responsible for the theft of guests' valuables, the hotel should take full responsibility.
Disputes arising from the loss of articles between hotels and residents are generally judged according to the principle of legal fault. After the establishment of the accommodation contract, the hotel shall ensure the personal and property safety of the check-in party according to law. If the goods are lost because of the failure to fulfill this obligation, such as thieves entering the guest's room to steal, the hotel will be responsible. If the owner neglects to leave the goods in public places such as corridors, he shall bear it himself. Especially valuables, after the hotel provides safe storage service, guests still carry them themselves, and the hotel does not have to bear the responsibility. The hotel is in charge. If the hotel fails to fulfill its security obligations and causes damage to others, it shall bear tort liability. Prove that the damage is caused by the behavior of a third person, and the third person shall bear the tort liability; Operators, managers or organizers who fail to fulfill their security obligations shall bear corresponding supplementary responsibilities.
Legal basis:
People's Republic of China (PRC) Civil Code
Article 62 If a legal representative causes damage to others when performing his duties, the legal person shall bear civil liability.
After a legal person bears civil liability, it may claim compensation from the legal representative at fault in accordance with the law or the articles of association of the legal person.
People's Republic of China (PRC) Civil Code
Article 119 Operators, managers or organizers of mass activities in hotels, shopping malls, banks, railway 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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