Rights And Obligations Of The Hotel Operators Bear

Travelers and hotel operators conclude the contract through the informal manner, the purpose of travelers is in order to obtain the safe living environment, the hotel operator obtain benefits by providing accommodation services. Because there is no clearly defined about accommodation contract in the "Contract law", in real life,this contract include accommodation, storage and service three aspects, which belongs to the type of contract in the combination of the hybrid contract.During performance of the contract,we shall apply the relevant provisions of contract law, the relevant provisions of the lease contract and according to contract law and contract of deposit, as well as the "The tort liability law", "Consumer Protection Law", "Measures for the public security administration of the hotel industry" and other legal norms regulations.This is also the premise when travelers and the hotel operator settle the legal disputes.After the hotel accommodation contract is concluded, both parties shall fully perform their respective rights and obligations in accordance with the "Contract law" requirements, especially the hotel operator enjoy a series of rights but also to fulfill their obligations.Both provide the safe quiet accommodation of the main duty,and fulfill the notification, assistance, security and safety protection of the collateral obligation.In fulfilling their obligations, the accommodation is the main subject of the contract, it include the hotel itself security; while protecting the personal and property safety of the travelers through as a way to maximize the interests of travelers to prevent damage caused by self neglect and third violation of the obligation of security is collateral obligation, this additional security obligation is based on hotel accommodation contract, and the law clearly stipulates the obligation of safety guarantee, has the dual attributes.When the hotel operator is not fully or properly fulfill their obligations, and therefore travelers suffer personal injury or property damage, the hotel operator should bear the responsibility. How to determine this responsibility is related to the vital interests of the hotel operator, so it should be cleared: when the hotel operator can’t provide rooms due to overbook or service facilities of the hotel are not comply with the contract,they will bear the liability for breach of contract damages the interests of the performance;when the hotel operator is failed to fulfill duty of proper attention,especially in the third person the violation, it constitute the concurrent liability for breach of contract and liability for tort, travelers have the right to choose the remedy.Of course, how to determine the hotel operator to perform the duty of reasonable care,according to the needs of the hotel operator’s own situation, the scope of security and the ability of the hotel service level conditions to be determined. Finally what should bear the liability for compensation, we will balance the fault between the hotel operator and the traveler.