Question from Eric
I had something stolen from my hotel room, can I sue the establishment?
Dear reader,
Returning from an excursion, a visit or a day relaxing on the beach, you no longer find your computer, your watch, your wallet or a piece of jewelry left in your hotel room? No matter how much you turn the room over and search every corner, you realize the obvious: you have been the victim of theft. Will you be reimbursed? How much should you claim? Does it matter if said item wasn't in a safe but just in a drawer or on your nightstand? You saw a sign in the lobby stating that “
The establishment declines all responsibility in the event of loss or theft
”, should you resign yourself?
Do not panic. The hotelier is automatically responsible for the theft of property that has taken place within the establishment, whether committed by an employee, another customer or an outside person, in application of articles 1952 to 1954 of the Civil Code , as mentioned in article L311-9 of the Tourism Code. That's not all: if the theft took place in your vehicle parked in the hotel's private parking lot, liability also applies. And you will not have to prove any fault on the part of the hotelier. What about a sign or a clause in the internal regulations disclaiming all responsibility of the establishment? This has no legal value.
Several scenarios for compensation
So, what is the procedure to follow? Already, notify the establishment as soon as you notice the disappearance. At the same time, file a complaint with a gendarmerie or police station. To receive compensation, send a registered letter with acknowledgment of receipt to the hotelier. Inside, insert the supporting documents related to the stolen property (proof of purchase, photo of the room,
etc.
). Normally this should be enough. But if your contact rejects your request, you will have to put them on notice to pay, always by registered mail with acknowledgment of receipt. If he refuses again, you will have to go to court or local court. Certain stakeholders, such as the Tourism Mediator or consumer associations, will be able to guide you in trying to find an amicable solution with the hotelier.
How much reimbursement can you claim? It all depends on the context of the flight. If this took place in the room or in the hotel, compensation is limited to 100 times the daily rate of the room. If it occurred in a parking lot, it is restricted to 50 times the daily rental price. In several cases, compensation can be total: this is the case if the stolen property had been entrusted to the hotel to put in its safe. This is also the case if the establishment had refused to put the said item in its safe, due to its size or for any other reason. Finally, you will be fully compensated if you demonstrate that a member of the hotel was at fault – if they gave a key or card to your room to someone posing as a relative, for example.
Note that there is a case where compensation is only partial: if the hotelier manages to demonstrate that you were negligent (by leaving your door open for example). The establishment can only decline its liability in the event of force majeure, if a storm, flood, or earthquake occurs, for example.
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