What should I do if my hotel items are damaged?

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Recently, some media reported that the guest was claimed 158 yuan for breaking the hotel cup. The guest posted a video on the Internet saying that he broke a cup in the hotel during his stay at a hotel in Hubei Province, was claimed 158 yuan, and drank expired bottled drinking water in the hotel. This incident has aroused the attention of many netizens.

The reporter previously learned from the hotel involved that the local market supervision department has intervened in the investigation. The broken cup is a "vacuum cup" customized from Shenzhen, the price is 148 yuan, and there is a shopping voucher. The video uploaded by the guest shows that the expired drinking water is provided by the hotel or brought by the guest, and the investigation is ongoing.

On April 15, the reporter called the local market supervision department, and the staff introduced that the current work team for the incident is conducting a traceability investigation on the drinking water to understand what channel the drinking water entered the hotel through and the relevant information of the drinking water dealer. Further investigation results will be provided to the public as soon as possible.

The issues involved in this incident are, firstly, whether the guest needs to be compensated for damaging the hotel's items, and secondly, what should be done if the drinking water in the guest room expires-

Analysis:

1. Can the hotel claim compensation from the guest if the item is damaged?

The question of whether the hotel has the right to claim compensation from the guest for damage to the hotel's belongings needs to be discussed on a case-by-case basis.

Fu Linfang, director of Beijing Zhonglun W&D (Hangzhou) Law Firm, believes that the guest damages the hotel's goods and facilities, which is a tort, and should bear tort liability and compensate for losses in accordance with the law. From the perspective of responsibility distribution, it depends on whether the hotel itself is responsible for the damage caused by the hotel items and facilities by the guests, such as the unreasonable placement of the items, the slightest carelessness in the normal activities of the guests will collide, or the placement is unstable, and the slightest touch will tip over and be damaged. If this is the case, it is necessary to determine what proportion of the responsibility should be borne by the hotel itself.

One scenario is when a guest accidentally damages hotel supplies or related facilities. "If the damage is not intentional by the guest, the hotel can ask the guest for reasonable compensation according to the situation, and the guest shall compensate for the law. Yin Wei, a professor at Nanjing Tourism Vocational College, said.

Another situation is that the damage to the item is malicious by the guest, including some high-risk behaviors and malicious behaviors, such as smoking in bed and burning bed sheets.

Zhu Lei, general manager of The QUBE Hotel in Ganjiang, Jiangxi Province, believes that for malicious damage, the hotel should have a relevant compensation system to protect its own interests in a reasonable and well-founded manner.

According to Yinwei's analysis, if the hotel can prove that the guest intentionally damaged the goods, the guest can be investigated for breach of contract liability or tort liability based on the Civil Code of the People's Republic of China, and the circumstances are serious, and the public security organ will impose public security penalties.

"Liability should be asserted in such cases, which is a safety education for such guests. The most difficult thing in dealing with a hotel property damage accident is the lack of evidence. Many incidents of damage occur in the room, and the hotel often lacks direct evidence, which is a problem for the hotel. Fu Linfang said.

2. How is the amount of compensation determined?

In this case, according to the guest, is it reasonable for the hotel to claim compensation that exceeds the cost price of the cup, and what factors should be taken into account in determining the amount of compensation?

According to Article 1184 of the Civil Code of the People's Republic of China, if the property of others is infringed, the property loss shall be calculated according to the market price or other reasonable methods at the time of the loss. Therefore, the amount of compensation should be calculated according to the market price, not the cost price, and should also be reasonably calculated taking into account the degree of damage and depreciation of the item.

Fu Linfang agreed. "The relationship between the compensation price and the purchase price depends on the specific damaged item. According to Fu Linfang's analysis, according to the principle of compensity of tort liability compensation, the amount of compensation is limited to the actual loss of the hotel, and the actual loss should consider the purchase price of the item or the current market price. Whether there is a problem of depreciation needs to be analyzed in detail, such as collectibles or some items that are objectively not depreciated, there is no problem of depreciation. In some high-end hotels or themed hotels, there will also be some valuable decorative arts or collectibles. It can be seen that if it is a valuable item or collectible, the loss caused by it is assessed according to the current value, and it is entirely possible that it will exceed the original purchase price.

In addition, there are also operators who mention that the value of the damaged items should be compared with the actual price paid. "In general, the compensation price should not be higher than the cost price, the hotel itself does not rely on the sale of goods to increase operating income, the damage is only an accidental event, according to the cost or depreciation price compensation, the guest acceptance will be higher. Zhu Lei said.

3. What should I do if the guest refuses to compensate?

If the guest refuses to compensate, the hotel shall take the initiative to negotiate and communicate and explain to the guest in a timely manner.

"In this case, the hotel should communicate with the guest as soon as possible to understand the cause of the damage to the item, and if it is indeed damaged due to the guest, it can negotiate compensation. If there are other reasons, such as slippery floors or improper placement of items, you should consider waiving compensation or even apologizing to the guest as appropriate. Zhu Lei said. In the event that the negotiation fails, Yin Wei suggested that mediation through a third party could be considered, or a lawsuit could be filed directly to require the guest to bear liability for breach of contract or tort. However, it should also be taken into account that in such cases, the consumer often does not intentionally damage the item, and the hotel itself may not provide appropriate reminders for the safe use of the item. There is a certain cost in litigation, so it is appropriate for the hotel to take the initiative to assume social responsibility, actively communicate with guests, and focus on negotiation, supplemented by third-party mediation, so as to achieve a satisfactory result for both the hotel and consumers.

Some industry players also mentioned that although legal liability is easy to determine, there are still difficulties in practice. There are often guests who do not recognize the liability and refuse to compensate. Therefore, considering the input cost of pursuing compensation, it is recommended to waive the pursuit of small losses, and for large losses, the hotel can negotiate and deal with them according to the specific circumstances, or go through relevant legal procedures. Fu Linfang said.

4. Should hotel valuables be "clearly marked"?

Another point worth noting in this case is the high price of the vacuum cup broken by the guest. "Shouldn't valuables be clearly priced? When the reporter flipped through the relevant reports, he saw that some consumers questioned this. Is there an appropriate way for the hotel to remind?

Yin Wei suggested that hotels can choose a relatively gentle way of notification according to the cost of information notification, such as issuing a small card at the front desk, and attaching a notice to the guest room.

"There are a lot of valuables in the hotel, and guests should be reminded in an appropriate way, such as being tactfully reminded to check the relevant information about the room during check-in, and a deposit can also be collected at the time of check-in, which can help deal with such compensation disputes. The higher the hotel room rate, the more damage can be tolerated. Fu Linfang said.

However, the hotel should also pay attention to the feelings of the guests, and the reminder method should be appropriate, because the price everywhere will lower the guest's experience score for the hotel. Zhu Lei reminded. (Author: China Tourism News reporter Tang Bonong; editor: Yang Shuo)