Hotel legal dispute cases and their handling The following summary comes from my discussion with Yuan Yi, "China's famous hotel legal issues management expert and drafter of the "China Tourist Hotel I

Hotel legal dispute cases and their handling The following summary comes from my discussion with Yuan Yi, "China's famous hotel legal issues management expert and drafter of the "China Tourist Hotel Industry Standards"" on April 12 The video number is Lianmai, and the theme of the sharing is "Analysis of Common Typical Legal Disputes Cases in Hotels". I think it is suitable for all mid-to-high-end hotel owners, general managers, and relevant department managers, so I would like to share it with you. 1. What to do if a guest finds a foreign object in the meal and demands a large amount of compensation? The first is to apologize, the second is to change the dish to the guest or say that this dish is free, and the third is to handle it flexibly according to the situation. There are a few things to know about the law. The first thing you need to know is the facts, whether it happened during your meal or stay at your hotel, and whether it caused actual harm. The second whether it caused him mental damage. If substantial losses are caused, it is also necessary to evaluate how the losses correspond to your identity, age group, and occupation. The first is evidence, which aspect of the harm is caused; the second is that the harm must be quantifiable; and the third is particularly serious needs. Appraisal by relevant authorities or institutions. 2. Whether the hotel has the right to refuse guests to bring their own drinks into the restaurant. So far, there is no conclusion from a national level or a legal perspective. If you need to bring your own wine, you need to get the hotel's permission. For example, everyone knows that you can bring your own wine to a wedding banquet. It is recommended that our hotel should write on our menu: The hotel refuses guests to bring food and drinks from outside the hotel into the hotel. Because the overall cost of hotels is high, food safety and hygiene issues must be avoided, quality and value must be consistent, the brand represents value, and the hotel has the right to operate independently. 3. If a guest falls and is injured in the hotel, is the hotel responsible for compensation? Actively cooperate in handling: first, let the guest tell the story of the incident, second, have someone record it, and third, let the guest sign for confirmation. For example, if the guest was seriously injured at the time and was already injured, you should send him to the hospital immediately. During the process of being sent to the hospital, you need to understand what happened before and after the incident occurred. If he has someone traveling with him, such as a couple, his friends, or colleagues who come to the meeting together, then get to know the other person. Preventive measures: Make a reasonable layout, place anti-slip mats, install anti-slip handles, post signs to be careful about slipping and falling, use anti-slip slippers... Master two points: First, you must have legal awareness. Second, we must have safety awareness. Principle of fairness: There is a principle in law called the principle of fairness. What is the principle of fairness? If the person's injury from the fall is relatively serious, and it is very, very serious, and it was not caused by his own will at all, then the hotel will also have to compensate accordingly. One thing, this is called the principle of fairness in law. In the same case, it is exactly the same, but the legal judgments in different hotels in the same court are different. What does that mean? That is, if the guest is in a two-star hotel, a three-star hotel, a four-star hotel, or a five-star hotel, the compensation is Not the same. 4. Guests cannot access videos at will in the hotel. The cameras in the lobby must be exposed, and the cameras in the elevator must be hidden. Everyone should pay attention to the fact that the legal relationship between our hotel and our guests is a legal relationship between equal subjects. The public security organs say they will come to inspect, whether you let them inspect or not, they will definitely come to inspect. The public security organs will do whatever they say, so only the public security organs will do it. The agency can watch the video. 5. What to do if a guest breaks the toilet in the guest room. The three-look-one principle: first, check whether the toilet is unstable, second, check whether the toilet has a certificate of conformity, third, check whether the installation unit is qualified, and fourth, follow the principle of fairness. Preventive measures: To buy qualified products, the toilet must choose a toilet with a large base, preferably one that is almost as thick as the top and bottom; put rolling paper in the bathroom for guests to use; prepare disposable toilet mats for guests; remind the toilet that it has been disinfected; keep the toilet relevant certificates. 6. All hotel staff should pay attention to two points: one is prevention, and the other is understanding the law. 7. There is an essential difference between eavesdropping and recording. There may be many ways to retain evidence. You can use notes, because notes are easy to remember key words and can be confirmed by the other party. In addition, let’s talk about recording again. Recording and monitoring are two different things. If the two of us are discussing something, you can take a voice recorder or something to record it. However, this recording instrument cannot be placed in a relatively private place of the guest. For example, if he is in the guest room, then this is called eavesdropping, which is wrong. Consent is required for video and audio recording. 8. Is it reasonable and legal to use 12:00 noon as the settlement time for room charges? Hotel charges are based on guest rooms and are calculated on a room-night basis (except for hourly rooms). We often say that the hotel check-out time is 12 noon, which is our normal practice. We are firmly opposed to the 24-hour clock. In recent years, our country's laws and regulations have been continuously improved. Hotel room charges are calculated based on room nights. , If you check out after 12 noon and before 18:00 the next day, the hotel can charge an additional half-day room rate. First, it is in line with international practice. Second, our hotel still needs to be cleaned. The guests left in the morning. After we finished cleaning, we were ready to welcome the next wave of guests. 9. Dealing with problems: First, there must be basis, second, there must be facts, and third, there must be evidence. 10. Staff in the guest room department should have safety precaution knowledge. The hotel should install prompt signs, notice boards, and warning signs in accordance with regulations. For example, the color of safety exits that comply with fire protection regulations is green, and green has strong penetrating power in the presence of smoke. Hotel staff should be familiar with the various signs. From the general manager to every employee, training must be done and it must be in place. And we must use bottom-line thinking to think and deal with problems.