The hotel is responsible for the losses caused to the guests by the waiters when performing their duties, and the hotel can recover the losses from the waiters. In practice, the following criteria are usually used to judge whether the employee's practice is personal or professional:

(1) Whether the practice can be authorized by the operator or whether it can be done by the staff with employment relationship;

(2) whether the practice can occur during working hours and workplaces;

(3) whether the practice can be implemented in the name or identity of the operator;

(4) whether the practice is intrinsically related to the position, such as whether the content of the practice can meet the needs of the work, whether it can meet the purpose of the employer's employment, and whether the practice can have the meaning of benefiting the legal person.

legal basis: article 7 of the law on the protection of consumers' rights and interests stipulates that consumers have the right to protect their personal and property safety when purchasing and using commodities and receiving services.

article 18 of the law on the protection of consumers' rights and interests stipulates that business operators should ensure that the goods or services they provide meet the requirements of protecting personal and property safety. For goods and services that may endanger personal and property safety, consumers should be given a true explanation and a clear warning, and the methods of correctly using goods or receiving services and the methods of preventing harm should be explained and marked. If a business operator finds that the goods or services provided by him are seriously defective, and even if the goods or services are used correctly, it may still cause harm to personal and property safety, it shall immediately report to the relevant administrative departments and inform consumers, and take measures to prevent the harm.

Article 6 of the Interpretation of Compensation for Personal Injury stipulates that if a natural person, legal person or other organization engaged in business activities such as accommodation, catering, entertainment or other social activities fails to fulfill its security obligations within a reasonable range and causes personal injury to others, the people's court shall support it if the compensation obligee requests it to bear the corresponding compensation liability. If damage results from infringement by a third party, the third party who commits the infringement shall be liable for compensation. If the security obligor is at fault, he shall bear the corresponding supplementary liability for compensation within the scope that he can prevent or stop the damage. After assuming the responsibility, the security obligor may claim compensation from a third party. Where the obligee for compensation brings a lawsuit against the security obligor, it shall treat the third party as a co-defendant, unless the third party is uncertain.