Is there a customer who spends money in our store and loses something when the car is parked in the

Updated on society 2024-03-22
4 answers
  1. Anonymous users2024-02-07

    Legal analysisThe hotel shall protect the vehicle safety of the guests in the parking lot. If the vehicle is lost or damaged due to improper storage, the hotel shall bear the corresponding responsibility, except for the loss or damage of the vehicle due to the guest's own reasons.

    If both parties are at fault, they shall each bear the corresponding responsibility for the merger. Therefore, when a guest staying at the hotel parks his or her vehicle in a parking lot attached to the hotel, the hotel is obliged to provide a parking space and to keep it safe. If the vehicle is damaged, the hotel has the right to claim compensation, as the hotel has a duty to keep it.

    Legal basisArticle 897 of the Civil Code of the People's Republic of China During the period of custody, if the custodian causes damage or loss to the custodian due to improper custody, the custodian shall be liable for compensation. However, if the gratuitous custodian proves that he or she is not intentional or grossly negligent, he shall not be liable for compensation.

  2. Anonymous users2024-02-06

    1. Who is responsible for the damage to the car in the hotel parking lot.

    1. If the car is damaged in the hotel parking lot, the infringer and the hotel shall be liable for compensation. By parking in the hotel parking lot, you form a custody contract with the hotel. The vehicle was stopped and scratched by other vehicles during the storage period, and the vehicle was damaged due to the fault of the manager.

    2. Legal basis: Article 888 of the Civil Code of the People's Republic of China.

    A custody contract is a contract under which the custodian takes custody of the deposited goods delivered by the depositor and returns the goods.

    Where the depositor engages in shopping, dining, lodging, or other activities at the custodian's place, and stores the items in a designated place, it shall be deemed to be safekeeping, unless otherwise agreed by the parties or otherwise in other trading habits.

    Article 892.

    The custodian shall properly keep the deposited items.

    The parties may agree on the place or method of storage. Except in emergency situations or to protect the interests of the depositor, the place or method of storage shall not be changed without authorization.

    II. What are the criteria for filing a case for intentional destruction of public or private property.

    1. The crime of intentional destruction of property refers to the intentional destruction or damage of public or private property, where the amount is relatively large or there are other serious circumstances. The subject of the crime of intentional destruction of property is a general subject, and any natural person who has reached the age of criminal responsibility and has the capacity for criminal responsibility can constitute the crime of destroying property by Li Yi. Where public or private property is intentionally destroyed, and the amount is relatively large or there are other serious circumstances, a sentence of up to three years imprisonment, short-term detention, or a fine is to be given; where the amount involved is huge or there are other especially serious circumstances, the sentence is to be between three and seven years imprisonment.

    2. The object of infringement of the crime of intentional destruction of property is the ownership of public or private property. The targets of the crime may be various forms of public or private property, including the means of production and means of subsistence; Movable property, immovable property, etc. However, if the perpetrator intentionally destroys some specific property as otherwise provided for in this Law, endangering other subject elements, it shall be handled in accordance with the relevant provisions of this Law.

    For example, the destruction of means of transportation, transportation equipment, flammable and explosive equipment, radio and television, telecommunications facilities, etc., that endanger public safety, shall be punished in accordance with the relevant crimes in Chapter 2 of the sub-provisions of this Law. The crime of intentional destruction of property is objectively manifested as the destruction or damage of public or private property in a relatively large amount or with other serious circumstances.

  3. Anonymous users2024-02-05

    Legal analysis: If the custodian is the hotel is not in good custody and causes damage or loss of the good-known property, the custodian shall be liable for compensation. However, if the gratuitous custodian proves that he or she is not intentional or grossly negligent, he shall not be liable for compensation.

    Legal basis: Civil Code of the People's Republic of China Article 897 During the period of custody, if the custodian causes damage or loss of the custodian due to improper custody, the custodian shall be liable for compensation. However, if the gratuitous custodian proves that he did not intentionally or grossly negligently, he shall not be liable for compensation.

  4. Anonymous users2024-02-04

    According to Article 374 of the Contract Law, "during the custody period, if the custodian causes damage or loss to the custodian due to improper custody, the custodian shall be liable for damages, but the custodian shall not be liable for damages if the custodian proves that he is not grossly negligent", if the custodian fails to fulfill the custody obligation and causes the loss of the custodian, he shall be liable for damages.

    If the provision of free parking lot services and the formation of a free custody relationship between the two parties, if the supermarket can prove that it has fulfilled the necessary duty of care in the process of custody and has no gross negligence, according to the provisions of the Contract Law, the parking lot shall be exempted from liability for damages, and the loss of the car shall be borne by itself.

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