Some hotels do not hesitate to display this message in the hall or on their reservation contract, but contrary to what they advance, they remain legally responsible. And it can cost them dear!
Many vacationers are surprised when leaving a hotel establishment. After a peaceful night at the hotel, they discover that their car parked in the parking lot has been damaged and stolen personal affairs. But when the time comes to request compensation, the hotelier takes off behind a well visible sign in the hall or on a clause mentioned in the reservation contract: the car park not being “watched”, the hotel would not be responsible. However, this practice is misleading and the law clearly says the opposite.
Indeed, if the flight takes place in the establishment’s car park, the hotelier is responsible, even if the offense takes place in an unmarked outdoor parking. As Thomas Gonçalves, lawyer at the National Consumer Institute (Inc, the publisher of 60 million consumers) recalls), “In France, the hotelier is presumed responsible for the flights committed in his establishment and his dependencies, and therefore on his parking areas, whether watched or not”. This responsibility is provided for in article 1954 of the Civil Code, which applies automatically, without the customer having to prove a fault. The existence of a poster or a limiting clause of responsibility has no legal value in this case.
The customer victim of a flight can then claim compensation up to 50 times the price of the night. Concretely, this means that for a night billed 100 euros, the maximum repair amount reaches 5,000 euros. “”Compensation may be total if you can prove a fault of the hotelier or one of his employees and justify the amount of your damage (invoices, photos, etc.) “Adds the lawyer.
To put the odds on his side, the customer must first file a complaint and send a formal request for compensation to the hotelier. If it is refused and the request for reimbursement remains less than 5000 euros, the customer can start a conciliation or mediation. As a last resort, the judicial court can be seized. It is essential that customers do not allow themselves to be intimidated by a simple sign or a mention in a contract: the law is favorable to them. Better informed, they can assert their rights and obtain compensation.
