1. The hotel is obliged to ensure the personal safety of its guests:
The Law on the Protection of Consumers' Rights and Interests stipulates: "Consumers have the right to demand that the goods and services provided by business operators meet the requirements of protecting personal and property safety". The hotel has the responsibility to protect the personal safety of its guests. Providing a safe accommodation environment and ensuring the personal safety of guests during their stay in the hotel is one of the most basic responsibilities of the hotel in terms of safety.
2. All possible measures have been taken, and the hotel can exempt or reduce its responsibilities:
For some personal injury incidents that are difficult to confirm as the responsibility of the hotel, as long as the hotel has sufficient evidence to prove that all possible measures have been taken to prevent the occurrence of the incident, or the damage is not or is not entirely caused by the fault of the hotel, the responsibility of the hotel can be reduced or exempted.
Regarding the provision that guests suffer personal injury in the hotel, the law determines the responsibility of the hotel according to whether the hotel is at fault, rather than requiring the hotel to bear full responsibility. Article 6 of the Interpretation of the Supreme People's Court on Several Issues Concerning the Application of Laws in the Trial of Personal Injury Compensation Cases, which was implemented on May, 2004 1, stipulates: "If a natural person, legal person or other organization engaged in business activities such as accommodation, catering, entertainment, etc. 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 security obligor is at fault, it shall bear the corresponding supplementary liability for compensation within the scope that it can prevent damage. " This judicial interpretation stipulates the personal injury of the guests staying in the hotel, whether the hotel needs compensation and how to compensate, which makes it easier for the hotel to master how to protect the personal safety of the guests.
Although the hotel is a public place, not all places can be accessed at will. The guest floor of the hotel is a non-public place. Therefore, outsiders are not allowed to enter the guest room floor at will except hotel guests, their visitors and hotel employees. In order to protect the personal and property safety of hotel guests, any hotel employee should take the initiative to ask strangers wandering on the floor. They have the right to ask people who enter the floor without permission to leave the floor.
If the personal injury of the guest is caused by the responsibility of the hotel, the hotel shall bear the corresponding civil liability in accordance with the provisions of the General Principles of Civil Law on tort. Article 1 19 of China's General Principles of Civil Law stipulates that "if a citizen's body is damaged, he shall compensate for medical expenses, income reduced due to absenteeism, living allowance for the disabled and other expenses. ; If death is caused, the funeral expenses and the necessary living expenses of the dependents of the deceased shall be paid.