The Property Custody Duty Of Hotel

With the development of society and economy,people shows a growing tendency to accommodation in the hotel for business?travelling or visiting relatives and friends. As hotel is a sort of public place, faced with many insecurity factors, the safety of the guests' property is easily been threatened, disputes about property damage are common between the hotel and guests,so the comprehensive and systematic research on the hotel's custody duty about the property of guests is urgent and important.There are four parts in this paper:The first part is an overview of the hotel's property custody duty. First of all, define the concept and scope of the hotel?guest and the relationship between the hotel and guest. Then define the concept and characteristics of the hotel's property custody duty. Finally define the scope of the hotel's property custody duty through four factors as subject, object, time and space. Based on the scope of the hotel's property custody duty, the guest's property can be divided into two categories: the first one was the property can be carried into the hotel, the second one was guest's vehicles parking outside the hotel. Aimed to explore the character of the hotel's property custody duty by analyze the keeping methods of the two different properties, and then discuss the damage compensation liability under the condition if the hotel did not fulfill the duty.The second part discuss the character of the hotel custody duty about the property can be carried into the hotel. Aim to clarify the character of the hotel custody duty under different keeping methods for guests to choice. The character of the hotel custody duty is generally believed to be contract of deposit under the man-made deposit keeping method,. Under the circumstances of self-service deposit, it is contract of deposit not contract of borrowings. If the guests not hosting their properties and safeguard them by themselves, the hotel still need to take care of the properties, and the character of the custody duty is both contractual collateral obligation and safety guarantee obligation.The third part discuss the character of the hotel custody duty about the guest's vehicles parking outside the hotel. The parking lot of the hotel can be divided into the hotel's special parking lot, the hotel's open parking lot and the area not belong to the hotel based on the control of the hotel to the parking area. Then clarify the character of the hotel custody duty under different situation by analysis the different parking area. But the character of the hotel custody duty about the guest's vehicles parking outside the hotel is more complex than the property can be carried into the hotel. The custody duty about the vehicles parking in the hotel's special parking lot is contract of deposit not contract of loan for use. And the character of the custody duty about the two other parking areas need to consider factors like the safekeeping manners, delivery of the vehicle, charge or not to charge, the meaning within the two parties and so on, then clarify the custody duty as contract of deposit or both contractual collateral obligation and safety guarantee obligation or no custody duty.The fourth part is about the damage compensation liability of the hotel in violation of the duty,including the liability for damages of the deposit contract for value or take responsibility for breach of contract or liability for tort or not liable for damage.