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Legal Analysis: Compensation Standards for Personal Injuries in Hotel Accommodation: The compensation obligor shall compensate the victim for personal injury, various expenses incurred due to medical treatment** and the loss of income due to lost work, including medical expenses, lost work expenses, nursing expenses, transportation expenses, accommodation expenses, hospital meal subsidies, and necessary nutrition expenses.
Legal basis: Article 17 of the Interpretation of the Supreme People's Court on Several Issues Concerning the Application of Songwang Law in the Trial of Personal Injury Compensation Cases: The compensation obligor shall compensate the person who suffers personal injury, and the various expenses incurred due to medical treatment and the income lost due to lost work, including medical expenses, lost work expenses, nursing expenses, transportation expenses, accommodation expenses, hospital meal subsidies, and necessary nutrition expenses.
If the victim is disabled due to injury, the compensation obligor shall also compensate for the necessary expenses incurred by the victim due to the increase in living needs and the loss of income caused by the loss of the ability to work, including disability compensation, disability assistive device expenses, and living expenses for dependents, as well as the necessary expenses, nursing expenses, and follow-up expenses actually incurred due to nursing care and continuation.
Where the victim dies, the person obligated to compensate shall compensate the relevant expenses provided for in the first paragraph of this article in addition to the relevant expenses provided for in the first paragraph of this article based on the circumstances of the rescue and treatment, and shall also compensate for the funeral expenses, living expenses of the dependents, death compensation expenses, and other reasonable expenses incurred by the victim's relatives in handling funeral matters, such as transportation expenses, lodging expenses, and loss of work.
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Legal analysis: According to the provisions of China's Civil Code, civil liability includes: return of property; Hark back to; repair, rework, replacement; continued performance; Compensation for damages, etc.
The standard of compensation for damaged items in the hotel shall be calculated according to the market of the goods at the time of the loss or other reasonable means.
Legal basis: Article 1184 of the Civil Code Where the property of others is infringed, the property loss shall be calculated in accordance with the market or other reasonable methods at the time of the loss.
Article 179 of the Civil Code The main ways to bear civil liability are:
1) Cease the infringement;
2) removal of obstructions;
c) eliminate the danger;
4) the return of property;
5) restitution;
6) Repair, rework, and replacement;
vii) continued performance;
8) Compensation for losses;
9) Payment of liquidated damages;
10) Eliminate the impact and restore reputation;
11) Apologize.
Where the law provides for punitive damages, follow those provisions.
The methods of bearing civil liability provided for in this article may be applied separately or in combination.
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Legal analysis: judge the size of the fault according to the actual situation and bear the corresponding responsibility. It is unreasonable to directly reduce all room rates, and the premise of the hotel's compensation is that there is fault, and it is necessary to distinguish whether the hotel is liable for compensation.
Legal basis: Article 1198 of the Civil Code of the People's Republic of China Where the operators or managers of hotels, shopping malls, banks, stations, airports, stadiums, entertainment venues and other business establishments or public places, or the organizers of mass spikes and activities, fail to fulfill their safety and security obligations and cause harm to others, they shall bear tort liability. Where damage to others is caused by the conduct of a third party, the third party shall bear tort liability; If the operator, manager or organizer fails to fulfill the obligation to keep an eye on the obstacles, it shall bear the corresponding supplementary responsibility.
After the proprietor, manager or organizer bears supplementary liability, it may recover compensation from a third party.
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