Two, the law involved.
1. As far as the general situation is concerned, it should be regulated by the Contract Law, General Principles of Civil Law, Food Safety Law, Consumer Protection Law and other civil laws and regulations.
2. It is worth noting that the Consumer Protection Law has been enacted for a long time, and most of the hotel and restaurant industry are more aware of its provisions and obligations. So it is particularly noteworthy is the recent introduction of the "Food Safety Law," the new provisions, especially for hotels engaged in food production and processing services to regulate the project.
3. In special cases, the specificity of the case may also expose one of the parties to criminal, administrative and other legal liabilities.
4. Of course, we should be based on specific cases combined with the need for judicial practice to choose the correct most favorable protection of legal interests of the infringed party's law, and never blind, do not know how to adapt.
The hotel and the customer between the rights and obligations, the hotel most often fulfill the contractual obligations and legal obligations. Contractual obligations are often agreed upon. Statutory obligations such as security obligations and so on.
The following is a specification of the basic definitions of legal theory on issues related to civil legal relationships.
Concept of Civil Legal Relationship
Civil Legal Relationship refers to the social relationship regulated by civil legal norms, i.e., the social relationship recognized and protected by the civil law, in accordance with the civil legal norms, and with the content of rights and obligations.
[edit]Characteristics of Civil Legal Relationships
Civil legal relations have the following characteristics:
1. Civil legal relations are relations between equal subjects and are generally established voluntarily
Because the social relations adjusted by the civil law are the property relations and personal relations between equal subjects, the legal relations established according to the norms of civil law can only be the relations between equal subjects. Relationships between equal subjects. At the same time, civil legal relations not only in line with the will of the state, but also reflects the will of the parties, generally by the parties in accordance with their own will voluntarily established. As long as the parties in accordance with their intention to implement the behavior does not violate the provisions of the law, the legal relationship established by the law is protected.
2, civil legal relations are civil rights and obligations as the content of the legal relationship
Civil law regulates social relations is to give the civil subject of the rights and obligations, therefore, civil legal relations is also civil rights and obligations.
Once a civil legal relationship is established, one of the parties enjoys civil rights, while the other party is responsible for the corresponding civil obligations.
3, the civil legal relationship of the security measures with compensation and property
Civil law adjusts the object of equality and property is also manifested in the civil legal relationship of the means of security, i.e., civil liability for property compensation as the main content, punitive and non-property responsibility is not the main form of civil liability.