Heilongjiang, Harbin. When Ms. Qian held a wedding, she prepared 30 bottles of Moutai for the guests to drink, but she did not expect that the dishes were not finished, and the hotel staff removed the Moutai, and after the wedding banquet, Ms. Qian and her family counted and found that 11 bottles of wine were missing, and asked the hotel for an explanation. The hotel said: It has nothing to do with us.
Ms. Qian and her boyfriend who have been talking for many years are getting married, and in order to make the wedding more grand, the family has set up a high-standard meal standard of 25 tables of 6,400 yuan a table in the hotel.
Ms. Qian's father even bought 30 bottles of Moutai for his daughter's wedding, each priced at about 3,000 yuan, for the guests attending the wedding banquet. On the day of the wedding banquet of Miss Qian, she, the groom and her family were entertaining guests, and they thought that after ordering such an expensive meal, the service of the hotel should be very good, but they did not expect that because of the behavior of the clerk, their family felt very shameless. At that time, Ms. Qian's uncle was eating, and the dishes were not finished, so the clerk asked them if they wanted to drink this bottle of Moutai, and at that time, this table basically did not drink, so everyone answered no, but what everyone did not expect was that the clerk directly removed the wine, put it under a table in the distance and blocked it with a curtain.
Ms. Qian's uncle had heard about some hotel wine exchanges, so he asked someone to take a look and found that there were three bottles of wine under the table at that time. At this time, Ms. Qian's uncle noticed that several tables of wine closer to him had also been taken down. Because Ms. Qian was busy with the wedding at that time, her uncle didn't think too much, until the end of the wedding banquet, he told Ms. Qian about the matter, Ms. Qian was very surprised, and her classmates also stayed at the end, and also reported to her that their table of Moutai was also removed, and said that the cold dishes on the table had not been finished at that time, so the clerk came to ask.
At this time, Ms. Qian felt that the clerk's approach was really inappropriate, and she felt that she did it on purpose So she thought of something, so she counted the drinks with her family, and later found that Moutai was missing 11 bottles. Ms. Qian felt that even if the guests ran out of drinks, the bottle should still be there, and thought that maybe Moutai had been taken away, so she reported the situation to the hotel. At that time, the person in charge of the hotel said that if it was found out that it was their problem, they would pay double the compensation, and asked Ms. Qian to reassure them that they would give them an answer the next day. However, the next day, Ms. Qian called, and the hotel said that they had checked the surveillance and that the matter had nothing to do with them. But when Ms. Qian asked to see the surveillance, the hotel refused to provide it.
The more Ms. Qian thought about it, the more angry she became, and felt that she wanted to hold a grand wedding banquet, so she deliberately prepared 4,000 yuan of wine per table, and now the clerk directly withdrew the wine in advance, so that the guests mistakenly thought that Ms. Qian did it on purpose, which caused a bad impact on her family, and now there are 11 bottles of wine missing, and the hotel does not give any explanation, which is too much, so she found a mediator. The mediator asked if there was any act of removing the alcohol, and the hotel manager replied that it should have been requested by the guest. However, according to Ms. Qian's uncle and classmates, they just said that they would not drink and did not ask to take it down, and it was definitely unreasonable for the clerk to do so without permission.
When asked why the wine was hidden under the table with a curtain, and whether the wine was not seen had anything to do with such a practice, the manager said that Ms. Qian had called the police on the day of the incident, and the monitoring police had also taken it and said that it was inconvenient for them to disclose more details, and that they would have to wait for the results of the investigation, and it was their hotel's problem, and the hotel would bear it.
Legally speaking, is the hotel obligated to keep the guest's belongings?
Lawyer: The responsibility should be borne by the hotel!
The author of the headline number "Uncle Soldier" @大兵叔叔对此进行了分析.
Article 1198 of the Civil Code stipulates that 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 activities, shall bear tort liability if they fail to fulfill their safety and security obligations and cause damage to others.
That is, as the manager and operator of a public place such as a hotel, it has the obligation to protect the personal and property safety of customers, and if it fails to fulfill its obligation to do so, it will bear tort liability.
In this case, Ms. Qian and the hotel have a contractual relationship of consumer services, and as a hotel, it has the obligation to keep the personal safety and property safety of Ms. Qian and the guests, which does not mean that there is no obligation to keep the wine after it is removed.
If the liquor is lost, according to Article 897 of the Civil Code, during the storage period, if the custodian causes damage or loss to the stored property due to the custodian's improper storage, 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.
This case is not a gratuitous custody nature, but an ancillary obligation based on the consumer service contract, so if the hotel cannot prove that the drinks were taken away by the guest, then it must compensate Ms. Qian for her losses.
If the drink is taken away by the waiter, does it mean that the responsibility lies with the waiter?
In fact, Article 1191 of the Civil Code stipulates that if an employee of an employer causes damage to others due to the performance of his or her work tasks, the employer shall bear tort liability. After the employer bears tort liability, it may seek compensation from the employee who has intentionally or grossly negligently.
Since the waiter took advantage of his position to take the drink, the responsibility still has to be borne by the hotel.
As far as the waiter himself is concerned, because the act is a theft, the value of a bottle of wine has exceeded the standard for filing a case, and some people say that it should be determined according to the ex-factory price of 1499 yuan, but in fact, it should be determined according to its real market price, that is, 3000 yuan.
According to Article 264 of the Criminal Code, the waiter will face a penalty of up to 3 years in prison.
Finally, since you are attending the banquet with expensive drinks, you should actually arrange your own person to be the head of the hotel to avoid disputes in the event of loss of property.
(Zero Degree Times Review Comprehensive NetEase News, Headline Author @ Uncle Dabing)