The hotel jockeys to be stolen assume responsibility by who

On January 31, 2000, mr Sun drives be away on official business seek temporary lodging of a hotel. Old hall assistant manager arranges him to park the car below the chess lever of the hotel, and by security personnel 24 hours are on duty guard. Hind car by pilfer. Now excuse me he whether to hotel claim for compensation.

The key of the problem is the property of the agreement that affirmatory client and hotel assistant manager concern custodial car.

Just arrived when the hotel, old hall deputy li of car the client find a place for beside flagpole, send security personnel 24 hours to attend to, you agreed with this kind of arrangement. Right now, as a result of big pair of behavior delegate hotel in, so Mr Sun and old hall deputy the agreement in is the agreement with the hotel namely.

Because the hotel offers responsible and parking space, custodial car for the passenger,be one of service content. Consequently, this service is the obligation of the one party of the hotel in serving a contract between hotel and passenger. Say exactly, it is the appurtenant obligation of the hotel one party that serves contract place establish, the quality that provides the service such as establishment of safe, peace and happiness for the passenger with the hotel is same. According to trade habit, this kind of service (compulsory) charge (to valence) had included in passenger room charge, and be not free service. So, this hotel keeps for the passenger the car does not form concern of free custodial contract, the concern that this behavior place forms remains the one part in serving a contract to concern.

According to " contract law of People's Republic of China " (the following abbreviation " contract law " ) the 60th " party ought to fulfil his obligation in the round according to the agreement " ; The 107th " obligation of contract of nonperformance of party one party perhaps fulfills contract obligation not to accord with an agreement, ought to assume continue to fulfill, take remedial action perhaps compensates for the responsibility of breach of contract such as the loss " regulation, your car is missing when the hotel attends to, hotel agree carries responsibility of breach of contract. About responsibility assume, according to " contract law " the 103rd regulation " obligation of contract of nonperformance of party one party perhaps fulfills contract obligation not to accord with an agreement, cause losing to the other side, the loss compensates for the forehead to ought to be equivalent to the loss that causes because of place of break a contact, include the interest that after the contract is fulfilled, can acquire, but the loss that must not exceed one party of breach of contract to because breach of contract may be caused,order what when signing a contract, see beforehand or ought to see beforehand " , hotel one party did not fulfil the custodial obligation to the car, lose to the car, so the hotel should recoup belongings loss of the client.
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