Dawei and Xiaomei got married on New Year's Day this year and took advantage of the Spring Festival holiday to go on a honeymoon trip.
The little two talked and laughed all the way, while enjoying the beautiful scenery of nature, while enjoying the romance of love, and after checking into the hotel, they were also like paint. In the middle of the night, Xiaomei got up and wanted to go to the bathroom, and accidentally found a bright spot in the socket next to the TV, Xiaomei mistakenly thought that it was the fluorescent display on the socket panel, so she didn't think much about it, and continued to go to bed. When I got up in the morning, I said to Dawei, and Dawei quickly opened the socket, and sure enough, he found a pinhole camera inside.
Xiaomei was frightened and immediately found the hotel manager theory, the manager said that the hotel did not know, the two sides could not argue, Xiaomei chose to call the police. After investigation, the police found that the camera was installed by the previous tenant Zhang, and the hotel did not know about it. Fortunately, it was discovered in time, and the video image did not circulate.
How should Dawei and Xiaomei protect their rights and interests?
Article 1033 of the Civil Code stipulates that unless otherwise provided by law or with the express consent of the right holder, no organization or individual may enter, photograph or peep into other people's residences, hotel rooms and other private spaces.
Article 1198 of the Civil Code stipulates that operators or managers of hotels, shopping malls, banks, stations, airports, stadiums, entertainment venues and other business venues or public places, or organizers of mass activities, shall bear tort liability if they fail to fulfill their obligations of safety and security and cause damage to others.
If the third party's behavior causes damage to others, the third party shall bear the tort liability; Where proprietors, managers, or organizers fail to fulfill their security obligations, they shall bear corresponding supplementary responsibilities. After the proprietor, manager or organizer bears supplementary liability, it may recover compensation from a third party.
Therefore, Dawei and Xiaomei can claim compensation from Zhang and the hotel according to law.
Finally, after mediation by the police, the hotel apologized to Dawei and Xiaomei in person, and compensated 10,000 yuan for mental damages. Zhang was criminally detained by the public security organs in accordance with the law for violating the law, and the case was dealt with separately.
The little couple should have enjoyed the sweetness of the honeymoon period, but a sudden bad thing broke the joy of the newlywed. The two hastily ended their trip and returned to their hometowns.