How to compensate if someone breaks into a hotel?

Legal Analysis

After a consumer checks into a hotel, the hotel has the responsibility to protect the consumer's personal and property safety. No unauthorized entry into the room is allowed without the consumer's consent. In this incident, the man obtained the hotel's room card and entered the room, which infringed on the interests of consumers, so the hotel must bear responsibility. Five ways to protect consumer rights and interests

(1) Negotiation and reconciliation means that after a dispute occurs, both operators and consumers negotiate on the basis of equality and voluntariness to resolve the dispute. A way to reach a fair and reasonable agreement to resolve disputes. Negotiated settlement has the advantages of high efficiency, simplicity and economy, and the procedure is simple and saves time and energy.

(2) Mediation. Mediation to protect consumer rights and interests stipulated in the Consumer Rights Protection Law mainly refers to mediation by consumer associations. Consumer association mediation is generally attended by three parties: the consumer association, operators and consumers. The consumer association plays a mediating role and can also put forward relevant plans or suggestions for resolving disputes, but it cannot make decisions on behalf of consumers or operators. relevant decisions.

(3) Appeal. When consumers believe that their legitimate consumer rights and interests have been harmed, they can request relevant protection from administrative agencies. The relevant administrative regulations formulated by the State Administration for Industry and Commerce can be used as the legal basis for administrative departments and relevant personnel to protect the legitimate rights and interests of consumers.

(4) Arbitration. If operators and consumers have relevant arbitration agreements, they can submit the dispute to an arbitration institution according to the arbitration agreement, and the arbitration institution will make a ruling. Arbitration is generally participated by three parties: arbitration institutions, operators and consumers. Arbitration is not as strict as litigation in terms of procedures. The parties enjoy greater autonomy and many links can be simplified. The format of relevant documents and even the content and form of the award are also Can be handled flexibly.

(5) Litigation. The litigation channels stipulated in the Consumer Rights Protection Law generally refer to civil litigation. That is, when consumers' legitimate rights and interests are infringed, they can file a lawsuit with the People's Court and request the People's Court to resolve consumer disputes, thereby safeguarding their legitimate consumer rights and interests. That is, with the intervention of the state's judicial power, consumer disputes are resolved through the state's judicial procedures in accordance with the law.

Legal Basis

"Consumer Rights and Interests Protection Law of the People's Republic of China"

Article 49: Operators provide goods or services that cause If consumers or other victims suffer personal injuries, they should compensate for reasonable expenses such as medical expenses, nursing expenses, transportation expenses, etc. for treatment and recovery, as well as the loss of income due to missed work. If disability is caused, compensation for disability living aids and disability compensation shall also be provided. If death is caused, funeral expenses and death compensation should also be compensated.

Article 50 If an operator infringes on a consumer's personal dignity, infringes on a consumer's personal freedom, or infringes upon a consumer's right to have his personal information protected in accordance with the law, he shall cease the infringement, restore his reputation, eliminate the impact, and make an apology. , and compensate for losses.