Principles of European Law on Service Contracts (PELSC):Artikel 4:113 Liability of the Hotel-Keeper

Principles of European Law on Service Contracts (PELSC)

Artikel 4:113 Liability of the Hotel-Keeper

Geldend

Deze functie is alleen te gebruiken als je bent ingelogd.Deze functie is alleen te gebruiken als je bent ingelogd.Deze functie is alleen te gebruiken als je bent ingelogd.Deze functie is alleen te gebruiken als je bent ingelogd.Deze functie is alleen te gebruiken als je bent ingelogd.

(1)

This Article does not apply if and to the extent that a separate storage contract is concluded between the hotel-keeper and any guest for any thing brought to the hotel. A separate storage contract is deemed to have been concluded if a thing is handed over for the storage to the hotel-keeper. Article 4:101(3) does not apply.

(2)

A hotel-keeper is liable as a storer for any damage to or destruction or loss of a thing brought to the hotel by any guest who stays at the hotel and has sleeping accommodation there.

(3)

Any thing:

(a)

which is at the hotel during the time when the guest has the use of sleeping accommodation there; or

(b)

of which the hotel-keeper or a person for whose actions the hotel-keeper is responsible takes charge outside the hotel during the period for which the guest has the use of the sleeping accommodation at the hotel; or

(c)

of which the hotel-keeper or a person for whose actions the hotel-keeper is responsible takes charge whether at the hotel or outside it during a reasonable period preceding or following the time when the guest has the use of sleeping accommodation at the hotel;

shall be deemed to be a thing brought to the hotel.

(4)

The hotel-keeper is not liable insofar as the damage, destruction or loss is due to:

(a)

a guest or any person accompanying, employed by or visiting the guest; or

(b)

an impediment beyond the hotel-keeper's control under Article 8:108 PECL (Excuse Due to an Impediment); or

(c)

the nature of the thing.

(5)

A term excluding or limiting the liability of the hotel-keeper is deemed not to be fair and reasonable under Article 1:114(2) (Limitation of Liability) if it excludes or limits liability in a case where the hotel-keeper, or a person for whose actions the hotel-keeper is responsible, causes the damage, destruction or loss intentionally or by way of grossly negligent conduct.

(6)

Except where the damage, destruction or loss is caused intentionally or by way of grossly negligent conduct of the hotel-keeper or a person for whose actions the hotel-keeper is responsible, the guest must inform the hotel-keeper of the damage, destruction or loss without undue delay. If the guest fails to inform the hotel-keeper without undue delay, the hotel-keeper will not be held liable.

(7)

The hotel-keeper has the right to withhold any thing referred to in paragraph (2) until the guest has met any claim the hotel-keeper has against the guest with respect to accommodation, food, drink and solicited services performed for the guest in the hotel-keeper's professional capacity.

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