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Recently, a couple checked into a hotel in Longgang District, Shenzhen, and thought they could enjoy a comfortable stay, but they encountered a great embarrassment and invasion of privacy. When they were naked, the door was opened by the hotel's cleaning staff. This scene shocked and embarrassed the two, causing them to be in a persistently low mental state. For this incident, the guest demanded ten times the compensation from the hotel. This incident has sparked a discussion about the protection of personal privacy and the responsibility of hotels to ensure safety. This article will delve into this incident and analyze the liability of the hotel involved from a legal perspective.
Mr. Huang and his girlfriend decided to spend the night at the Ruicheng Hotel in Longgang District, Shenzhen, and they chose a double room and paid 188 yuan. After communicating with the front desk of the hotel, Mr. Huang successfully extended the check-out time to 6pm. However, at about 5 o'clock in the afternoon, the door was suddenly opened by the hotel cleaning staff, exposing the ** posture of the two people. Mr. Huang was very angry, believing that the hotel's actions had seriously violated their privacy and caused mental harm.
According to Ms. Liao, a staff member at the front desk of the hotel, the cleaning staff only opened the door at the door of the room for a while and did not enter the room. The hotel tried to offer Mr. Huang an apology and a solution, but Mr. Huang insisted that the hotel pay ten times the cost of compensation to express his dissatisfaction and anger at the invasion of privacy.
According to Article 1198 of the Civil Code of China, natural persons enjoy the right to privacy, and no organization or individual can infringe upon the privacy rights of others. The right to privacy is the tranquility of a natural person's private life and the protection of private space, activities and information, so after guests check in to a hotel room, the room becomes their private space. Without the guest's permission, the hotel staff opens the door to enter the guest's room and sees the guest's privacy, which constitutes an invasion of privacy.
According to the requirements of Article 1198 of the Civil Code of the People's Republic of China, the hotel, as a business premises, has certain obligations for the safety of guests. However, the hotel had allowed rooms to be opened, which not only violated the privacy of guests, but also exposed gaps in the hotel's security. According to the provisions of the law, the hotel shall bear the corresponding tort liability.
Personal opinion: Regarding this incident, I believe that the hotel did violate the privacy of guests and failed to fulfill its security obligations. The hotel shall bear the corresponding legal responsibilities and actively take measures to improve management and strengthen training to ensure that similar incidents do not occur again.
According to Liu Kai, a lawyer at Beijing Zhongwen (Changsha) Law Firm, hotels have important obligations to the privacy and security of their guests. Therefore, guests can take certain legal measures to protect their rights and interests when they encounter such an invasion of privacy.
According to the provisions of China's Civil Code, the infringer shall bear civil liability for infringement, including compensation for losses, formal apologies, etc. For this incident, Mr. Huang and his girlfriend suffered mental damages, so they can claim moral damages from the hotel and ask the hotel to apologize to them.
In addition to the civil liability of the hotel, the relevant authorities and regulatory authorities should also supervise the quality of the hotel's safety management. For hotels with safety problems, corresponding penalties and rectifications should be carried out to ensure the safety of the public.
Compensation Issue**: Based on the circumstances of this incident, Mr. Huang demanded that the hotel pay ten times the amount of compensation. However, at the legal level, the amount of compensation should be reasonable and substantiated. A professional appraiser may be invited to assess Mr. Huang's moral damages and propose a reasonable amount of compensation based on the assessment results.
Through the analysis of this incident, I believe that the protection of personal privacy and the responsibility of hotel safety and security are very important. In modern society, people pay more and more attention to the protection of personal privacy, especially in public places and commercial places, and the infringement of personal privacy must be paid attention to. As a place where accommodation is the main service, the hotel should pay more attention to the privacy protection and security of guests. Although people enjoy certain protection of their rights and interests in the process of accommodation, we should also actively protect our own rights and interests and take legal measures to protect personal rights and interests in a timely manner.
Finally, I hope that the hotel industry can strengthen the training of staff, strengthen management and supervision, and ensure that hotels can provide a safe and comfortable environment to give guests the best service experience. At the same time, we also hope that the relevant departments and regulators can strengthen the supervision of the hotel industry to ensure that the legitimate rights and interests of the public are protected.
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