Hotel legal dispute cases and their handling

The following summary of dry goods comes from April 12. He shared the theme of "Typical Case Analysis of Common Hotel Legal Disputes" with Yuan Yi Lian Mai, a well-known domestic hotel legal problem management expert and the drafter of "China Tourist Hotel Industry Code". I think it is suitable for all middle and high-end hotel owners, general managers and managers of relevant departments to share with you. 1. What should a guest do if he finds a foreign object in his meal and demands high compensation? The first is to apologize, the second is to change the dishes for the guests or to say that the dishes are free, and the third is to be flexible according to the situation. There are several points to grasp in the law. The first one is to have facts, whether it really happened during the meal or stay in your hotel, and whether it caused actual harm. Whether the second time hurt his spirit. If substantial losses are caused, what does the loss bring to your identity, age and occupation? The first talk about evidence, what is the damage; The second injury should be quantifiable; Third, it is particularly serious and needs to be appraised by relevant organs or institutions. Up to now, whether the hotel has the right to refuse guests to bring their own drinks into the restaurant is inconclusive from the national level and the legal point of view. If you need to bring your own drinks, you need to ask the hotel for permission. For example, everyone knows that you can bring your own drinks at a wedding reception. It is suggested that our hotel write on the menu: The hotel refuses to let guests bring their own food and drinks into the hotel. Because the comprehensive cost of the hotel is high, the problem of food safety and hygiene is avoided, the quality and value should be consistent, the brand represents the value, and the hotel has the right to operate independently. 3. Does the hotel have the responsibility to compensate the guests who fell and were injured in the hotel? One is to let the guests tell stories, the other is to let them record, and the third is to let the guests sign for confirmation. For example, when the guest was seriously injured, he was already injured. You should take him to the hospital at once. On the way to the hospital, you should know what happened before and after. If he has a colleague, such as husband and wife, his friends, colleagues who come to the meeting together, get to know others. Precautionary measures: rational layout, placing anti-skid pads, installing anti-skid handles, posting signs of caution against slipping, and using anti-skid slippers ..... Two points should be grasped: First, we should have legal awareness. Second, we must feel safe. Principle of fairness: There is the principle of fairness above the law. What is the principle of fairness? If this person's fall is heavy, and it is very, very heavy, and it is not caused by his own will at all, the hotel should compensate a little at this time, which is called the principle of legal fairness. The same case, exactly the same, you have different legal decisions in the same court and different hotels. What do you mean? That is, whether the guest is in a two-star hotel or a three-star, four-star or five-star hotel, its compensation is different. 4. Guests can't pick up videos at will in the hotel. The camera in the lobby must be exposed and the camera in the elevator must be hidden. Everyone should pay attention to the legal relationship between our hotel and guests, which is an equal subject. The public security organ said it would come to investigate. If you ask him to investigate, he will definitely come to investigate. The public security organs do whatever they say, so only the public security organs can watch the video. 5. How to deal with the broken toilet of the guest room: Look at the principle of one: see if the toilet is unstable, see if the toilet has a certificate, see if the installation unit is qualified, and follow the principle of fairness. Precautionary measures: to buy qualified products, the toilet must choose a large base, preferably almost the same thickness from top to bottom; Put a roll of paper in the bathroom for guests to use; Prepare disposable toilet seats for guests; Prompt that the toilet has been disinfected; Keep the relevant documents of the toilet. 6. All hotel staff should pay attention to two points: one is prevention, and the other is knowing the law. 7. There are essential differences between eavesdropping and recording. There may be many ways to leave evidence, and you can use notes, because notes are easy to remember keywords and can be confirmed by the other party. In addition, we talked about recording. Recording and monitoring are two different things. If the two of us are discussing something, you can record it with a recording pen or something. But this recording instrument can't be placed in the guest's private place, for example, he is in the guest room, so this is called eavesdropping, which is wrong. Video recording requires consent. 8. Is it reasonable to use 65438+ 02:00 noon as the settlement time node of room rate? For legal hotels, the room rate is based on the night of the room (except the hourly room). We often say that the hotel check-out time is noon 12, which is very normal. We are firmly opposed to the 24-hour system. In recent years, China's laws, regulations and norms have been continuously improved. The hotel room rate is calculated by night. Check-out before noon the next day/after 0/2 of kloc-0/8 o'clock 18 o'clock can add half a day's room charge. First, it conforms to international practice. Second, our hotel needs cleaning. The guests left in the morning, so we cleaned up and prepared for the next wave of guests. 9. Dealing with problems: first, there must be evidence, second, there must be facts, and third, there must be evidence. 10, housekeeping staff should have knowledge of safety precautions. Hotels should install warning signs, billboards and warning signs as required. For example, the color of the safety exit that meets the fire regulations is green, and green has strong penetration in the case of smoke. Hotel staff should be familiar with all kinds of signs. From the general manager to every employee, training should be in place. And we should think and deal with problems with bottom line thinking.