Star Hotel For Consumers Of Security Obligations

As a special service industry, the hotel occupies an important position in China’s service market. However, because of the modern hotel is comprehensive, foreign-related and commercial, hotel security problems have become more and more frequent. Hotel security is not only the basis and guarantee of the hotel’s normal operation but also the internal demand of hotel activities. If the hotel can’t guarantee the legitimate rights and interests of consumers, they will not have their living space. The ability of the hotel to provide security for consumers determines their market position. As a star hotel which in line with China’s Rating Standard with a reliable quality hardware security facilities and high quality standard service processes, it gradually becomes the assured choice of the consumer travel and office accommodation.However, security disputes between consumers and star hotels are not uncommon. The main reason can be divided into two types:star hotels pay no attention to security obligations of the consumer; the safety of consumers is harmed because of a third person’s tort. The performance of the former cause also can be divided into two kinds:the defects of hardware facilities and the flaws of staff service. Hotel’s hardware facilities are the first barrier to protect the safety of consumers, and only the hotel being up to the national standards and using reliable quality facilities can enable consumers to trust it. Besides, the hotel staff should provide professional services and awareness to consumers, and only do this can guarantee to avoid or reduce the damage of consumers. Except hotels’problems, the third person’s tort that makes consumers damage in the hotel is a hot discussion topic in today’s society.The growing proliferation of security disputes also attracts the attention of the national legislature. In2004, the Supreme People’s Court implemented "judicial interpretation and law-application for personal injury cases". Article6provisions that the operator should make security obligations to consumers within reasonable limits, and provides how to define the security responsibility of the operators in the third person’s tort. However, this explanation is only concerned about the issue of personal compensation, but ignored the analysis of property liability. In2010,"Tort Liability Act" raised the issue of safety control duty to the legal level. It atoned for the relevant provisions of the property damage. But the complexity of security obligations is not the single law of article37in "Tort Liability Act" can be completely covered. In judicial practice,"Tort Liability Act" does not completely replace the legal effects of "interpretation of personal injury compensation". In fact, this proves the lack of national legislation on security obligations, and there are still many debatable aspects.This article explains the range of security obligations that the star hotel to consumers, including the security obligations of the legal nature, the legal basis, the nature and form of the responsibility and the legislation perfection. Through this research, I hope my humble opinion can play a minor role in the security obligations that the star hotel to consumers. At the same time I hope it can provide a reference for the establishment of the system of security obligations.The body of this article is divided into four chapters.The first chapter explains the introduction and legal nature of the security obligations of the star hotel, including the content and characteristics of the security obligations, and how to define the reasonable limits range of the star hotel’s responsibility. In the legal nature analysis, this paper proposal that he star hotel’s security obligations for consumers can be either contractual obligations or tort obligations. We should base on the different situations of the occurrence of security obligations to identify the nature of the security obligations.The second chapter introduces the specific content of the consumer security obligations. According to the analysis of the legal provisions and contract basis, the paper divides the content of the security obligations into operating places, products, services, special populations, third person’s tort, and so on. Of which the first four aspects expounds the positive behavior that the hotel should fulfill to the consumer. The last one judgment standard is that whether the hotel failed to fulfill its reasonable security obligations because of its omission.The third chapter discusses the star hotel responsibility for the breach of security obligations. In nature, it can be divided into contractual liability and tort liability, and the application of the latter is much larger than the former. Fault liability principle is the principle of attribution of the applicable fault identification. However, we should adopt the principle of fault presumption to determine mistake. According to whether there is a third party, the liability form is divided into the direct responsibility and the supplementary liability. This chapter concludes with a discussion of the hotel disclaimer reasons. The hotel does not need to blindly undertake the damage of the person or property behavior responsibility which within the scope of their business.On the basis of description in text, the first part of the fourth chapter sums up the deficiencies of the current laws which provide security obligations, and puts forward the improvement suggestions. Taking the hotel acts as a starting point, from two aspects of the industry standard and software and hardware quality, the second part discusses how to improve the implementation degree of the security obligations in the hotel industry. The third part of the proposed development of a hotel security liability insurance regime. The fourth part discusses Chinese hotel industry characteristics conflict with international practices.