Lodging Contract Assignment | Essay Help Services

1. Lodging contract in contract law
Write at least 5 countries(or places) where they use continental law system (If possible please include China)

I. Definition
II. Conclusion of a lodging contract
III. Applicable law for lodging contracts

2. Rights and obligations of host
I. Rights of host
II. Obligations of host

3. Rights and obligation of guests
I. Right of guests
II. Obligation of guests

4. Liability of host
I. Liability for guest belongings
II. Liability for body injuries and death

5. Liability of guest

6. Limits of liability

And other possible measure related to the topic.

We can take Macau SAR’s lodging contract law as an example.

guest in Lodging contract

 

Thesis Proposal

 

The rights and obligations towards host and guest in Lodging contract in China

 

Sandra Ka Yang Mo (MB750449)

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

Table of Contents

 

Abtract P.3-4

Introduction P.4-6

Research Question P.6

Structure of the thesis P.6

 

1. Lodging contract in Chinese contract law P.6
2. Definition P.6-8
3. Conclusion of a lodging contract P.8-10

III. Applicable law for lodging contracts P.10

 

2. Rights and obligations of host P.11-12
3. Rights of host P.12
4. Obligations of host P.13

 

3. Rights and obligation of guests P.14
4. Right of guests P.14-15
5. Obligation of guests P.15-16

 

4. Liability of host P.16
5. Liability for guest belongings P.16-17
6. Liability for body injuries and death P.17-18

 

5. Liability of guest P.18-19

 

6. Limits of liability P.19-20

 

7. Revelation and reference of other legislations P.20
8. French Civil Code P.20-21

III.     Macau Lodging Contract Law P.22-25

 

8. Conclusion P.25

 

9. Bibliography P.26-30

 

Abstract

 

This thesis studies about the rights and obligations of hosts and guests in lodging contract in China. It will mainly probe into the laws governing hotel lodging contract and related judicial cases in the contract law perspective. For lodging contract in China, there is no one particular set of law to govern it. However, there are laws governing liability for loss of goods, body injuries and death namely the consumer protection law^[1], the contract law^[2], the civil law^[3] and the Interpretation of the Supreme People’s Court of Some Issues concerning the Application of Law for the Trial of Cases on Compensation for Personal Injury.^[4]  However, the laws above are not specifically made for lodging contract. There is the Interpretation of article 75 of Tourism Law of the People’s Republic of China which talks about the rights and obligations of hosts, but the definition and explanation is fairly vague, and the rights and obligations are towards the travel agency instead of the guests themselves.^[5] Additionally, there is a measure made by the Ministry of Public Security of the People’s Republic of China. It mentions only a few of the rights and obligations for the parties, but those articles are made from the public security administration perspective. For instance article 6 stipulates that the guest must register in their true identity; article 7 says that a hotel must provide custody service and take record on it.[6] Other articles are made for national security purpose, thus is not necessarily related to lodging contract itself. Therefore, other obligations and rights for instance the rights and obligations of the guests, limits of liability, responsibility of companions, payment of consumption, etc, are not clearly defined by the contract law. Due to the sophisticated feature of a lodging contract, we should define the rights and obligations clearly for both parties in the law. However, since lodging contract is not a named contract in the contract law of China, we will need to first identify its current category. This thesis will briefly get an overview of the other perspectives on how Chinese law govern the lodging contract. Then It will also take the French Civil Code^[7], the Macau Lodging Contract Law^[8] and the California Code Civil Code^[9] for reference to further discuss the importance and the feasibility for China to adopt a set lodging contract law.

 

Introduction

 

Hotel industry is flourishing all over the world. It is composed of many different businesses including lodging, catering, event planning, casinos, etc. One of the most important element of hotel industry is accommodation. Some of the dominant countries and places have already developed a set of law that would govern the lodging contract. For instance, states law of The United States of America, French Civil Code and Macau Lodging Contract Law, etc. Hotels and guests are more aware of their rights and obligations than before. In China, the diversity of consumption is seen largely throughout these few years. The businesses between merchants and consumers are upgraded from the basic buying and selling to the situations where it concerns safety, the economy and other affiliated rights and obligations. For the hotel industry in China, people concerns about their own rights and obligations whether there is a conflict or not. Hosts need to know their rights and obligations in order to run the business smoothly. On the other hand, guests would want to know theirs, so that they can safeguard themselves. However, in China, the regulations on rights and obligations towards both parties is vague and insufficient.

 

There are lack of academic legal studies in this area in recent years. There are few studies focus on the liability for both parties in the civil law, consumer protection law and tourism law perspectives, and they are mostly in Chinese. For instance a master thesis by Li talks about the obligations of host and travel agency for body injury and death suffered by guests. It indicated the deficiency of the law system from the tourism law perspective.^[10] A master thesis by Zhou talks about the importance of strengthening the legal rights of consumers. The author advocated that tourism law was not efficient for the rapid development of the tourism industry by arguing in the consumer protection perspective.^[11] However, there is nearly no detailed study on the contract law perspective. Lodging contract is a complex and unique contract. It is combined with many different aspects and contracts namely the leasing contract, service contract, the storage contract, other supplementary obligations, etc. If there is no unified regulations to govern it, we will have to rely on other seemingly adequate laws. Using different relevant laws to govern different aspect in one lodging contract not only is confusing, sometimes it can be inadequate. It is because defining lodging contract in the contract law itself is already fairly difficult. In the case Xiamen Lujiang Harbourview Hotel V. Luo Un Peng^[12], Luo stayed in Xiamen Lujiang Harbourview Hotel and left his car in the parking lot of the hotel. He found out that his car was missing the next day. In the first trial, the court held that the hotel is liable for Luo’s loss due to the subordinate delivery obligation. That means when they concluded the lodging contract they concluded the storage contract at the same time. However on the appeal, the court held that there is no storage contract concluded because the hotel did not receive any car keeping fee. In retrospect, Chinese contract law has no named contract for lodging law, therefore it is not easy for us say if the storage of the car is the subordinate delivery obligation of the actual hotel service contract. However Chinese contract law does have a named contract called storage contract. Article 366-368  specified that a storage contract “is established upon delivery of the deposit; the depository shall issue a deposit voucher; and The depositor shall pay the storage fee to the depository in accordance with the contract except as otherwise practised in transaction.”^[13] Luo did not pay the fee. The hotel did not give him any voucher. Luo did not even hand the car key to the hotel. Therefore the court held that there is no storage contract concluded. In this case, the judge saw the storage contract and the sales contract of the hotel room as two entire separate contract. However, can we simply separate the two contracts? Luo is a hotel guest, the car is his belonging, and he put the car in the parking lot of the hotel. In my point of view, the hotel should take responsibility of the goods brought to the hotel by the guest. A court decision supports my argument. A case happened in Huadu District, Guangzhou where a guest, Chu Pei Yong and his friends stayed in a hotel. He put his car at the parking lot appointed by the hotel staff. The car went missing during the stay. In the first trial, the court held that although he did not pay the actual parking fee nor received any voucher of the parking, the storage contract concluded due to the conclusion of the main hotel service contract. So the parking fee is included in the hotel service contract. The storage contract is the incidental obligation of the lodging contract.^[14] So here comes the main question, what exactly is a lodging contract under Chinese practice? Is storage contract a separate contract with the lodging contract? Where should lodging contract fall in the Chinese contract law? What are the rights and obligations of the lodging contract in Chinese practice? Distinguishing the incidental obligation, the major delivery obligation, and the subordinate delivery obligation is not our goal here. We will focus on drawing the obligations and rights that should be included in the lodging contract as a whole. In the following discussion, we will further look at the characteristic of lodging contract. We will combine different views and theories in China,  in French Civil Code and Macau Lodging Contract Law and California Code Civil Code  to see why a individual set of lodging contract law should be adopted. As well as analyzing the current lodging situation happening in China.

 

Research Question

 

Can China adopt a set of lodging contract law?

 

Structure of the thesis

 

1. Lodging contract in Chinese contract law

 

1. Definition

 

To identify the category of lodging contract in Chinese contract law, we need to take a look at the common practice in the hotel industry and the characteristic of a lodging contract. According to the Research Department of the Supreme People’s Court, hotel service contract is a contract where a hostelry provide accommodation, facilities and other service to guest and their companion against payment.^[15] Article 124 of china contract law states that “Where there are no explicitly provisions in the Specific Provisions of this Law or in any other law concerning a certain contract, the provisions in the General Provisions of this Law shall be applied, and reference may be made to the provisions in the Specific Provisions of this Law or in any other law that most closely relate to such contract.”^[16]Apparently providing a hotel room for a period of time against payment is a leasing contract under the Chinese leasing contract law. However, by looking at the common practice and definition given by the department, lodging contract combines with leasing contract, service contract, storage contract, etc. Therefore, the rights and obligations of this lodging contract cannot be found only in one of these named contract. Practically, the rights and obligations in leasing contract does not totally overlap with the lodging contract. For instance, in terms of the nature of contracts, the period of stay in a lodging contract is usually much shorter than a leasing contract although the Chinese law does not define it. Other service contract feature in a lodging contract also does not show in leasing contract, for instance cleaning the room, providing laundry service. Furthermore, within the leasing contract, there is no storage contract required for the leaser to take responsibility for the stolen goods etc. But for lodging contract, hotel normally should take responsibility for stolen goods. The contract law does not stipulate the limits of liability on body injury happens in the hotel or things stolen by a third party, etc.

 

In Wang Li Yi & Chang Li Xia V. Galaxy Hotel ShangHai, Wang, Chang and their daughter stayed in Galaxy Hotel Shanghai. During the stay, the daughter was killed by a third person. The first trial and the second trial both ruled that the defendant has not violated civil liability. But they instead, used the breach of contract as a reason to rule for the plaintiffs. The court refer to article 60 of the contract law “Each party shall fully perform its own obligations as agreed upon. The parties shall abide by the principle of good faith, and perform obligations of notification, assistance, and confidentiality, etc. in accordance with the nature and purpose of the contract and the transaction practice.”^[17] which is the general rule of parties to comply with the contract they agreed upon. The problem is this provision is too general. The terms good faith, assistance, in accordance with the nature and purpose of the contract and the transaction practice are not specific enough for regulating such complicated contract as lodging contract. In this case the hotel guarantee they could assure guests’ safety by providing 24 hours security inspect. That is why the court ruled for the plaintiff for breach of contract. What if there are no terms regarding safety in the contract. Does it mean that they can’t claim for breach of contract? Does it mean that the hotel do not have an obligation to provide security inspect under the lodging contract?

 

1. Conclusion of a lodging contract

 

The conclusion of a lodging contract in China rely on Article 25 of contract law where “A contract is established when the acceptance becomes effective;^[18] Article 26 An acceptance becomes effective when its notice reaches the offeror. If notice of acceptance is not required, the acceptance shall become effective when an act of acceptance is performed in accordance with transaction practices or as required in the offer. Where a contract is concluded in the form of date-telex, the time of arrival of an acceptance shall be governed by the provisions of Paragraph 2, Article 16 of this Law.”^[19] In China, like any of the other countries,  a reservation of a hotel room can be made via the hotel’s official website; hotel booking platforms such as Agoda.com, Trivago, Hotels.com, etc; e-mail; travel agencies, walk-in, etc. An acceptance can be made in many ways. For walk-in guests, an acceptance is effective when the receptionist on behalf of the hotel give you a written acceptance of your offer; when the receptionist receive your deposit without giving you a written acceptance; when the staff lead you to the hotel room saying that you can pay everything after the stay. For booking through email and hotel’s official website, an acceptance is effective when the guest receive the notice of acceptance by email. For guests who book on hotel booking platforms, the acceptance is effective when the chosen site send you a notice of acceptance. For travel agencies, they have different practices. It is governed by the consumer protection law and we will not focus on this particular way of booking. A lodging contract can be concluded in different ways above. Some of them does not require direct contact with the hotel; some them do not need a written consent.

 

The commercial code of Macau SAR stipulates different commercial contracts’ operations and their rights and obligations. Lodging contract is a named contract in their commercial code. It defines lodging contract as “a contract by which one of the parties undertakes to provide lodging and other inherent services to the other, with or without supply of meals, with adequate conditions of amenity and comfort, against payment.”^[20] This clearly indicates what a lodging contract is. In Macau, lodging contract consists of accommodation, service, and some other additional feature such as comfort. The commercial code also defines the conclusion of lodging contract.  “A lodging contract is concluded with the acceptance, by the host, of a lodging proposal presented by the guest. For the purpose of the previous paragraph, the transportation of the guest, companions, and respective luggage from the arrival point to the hostelry or its annexes shall be considered acceptance of the lodging proposal.”^[21] In Australia, there is an official guide to the Australian Consumer Law where it explains the time of conclusion of a lodging contract. “When you take a booking from a customer, you enter into a contract which includes terms and conditions. Contracts can be in writing or made orally and can be entered into in a variety of ways, including: signing a document, agreeing over the phone, clicking an ‘I agree’ button on a web page.”^[22] This guide also indicates that the conclusion of a lodging contract is up to an acceptance by the host. The Macau commercial code sees the “transportation of the guest, companions, and respective luggage from the arrival point to the hostelry or its annexes” ^[23]as the acceptance. The Australian Consumer Law considers the validity of the acceptance as the three situations above. It is important to know when a lodging contract is concluded. In China, the conclusion of a lodging contract is not clearly defined by the law. We do not know if there is a legitimate lodging contract, for example when a man enter to a hotel and uses its facilities, he is served by the staffs, yet he did not have any written or non-written agreement with the host. When conflict happens we can only rely on the common practice to see if a lodging contract is concluded. It is hard for us to determine where the rights and obligations belong to, if we do not know the exact time when the contract is concluded or the time is ambiguous. Therefore, China must unify a time of conclusion for lodging contract.

 

III. Applicable law for lodging contracts

 

In the contract law perspective, lodging contract is governed by the general provisions. Article 60 “Each party shall fully perform its own obligations as agreed upon. The parties shall abide by the principle of good faith, and perform obligations of notification, assistance, and confidentiality, etc. in accordance with the nature and purpose of the contract and the transaction practice.”^[24] Some general liability clauses are made in article 64 and 107 where it tells you when one party fails to perform their obligations who bear the liability of breach of contract.^[25] Article 124 allows unnamed contract to take reference to other named contract law.^[26] I will explain the detail on which named contracts a lodging contract can be referenced to in the following section.  In Article 122 , it states that the aggrieved party can claim liabilities other for breach of contract or other “ or to claim the assumption by the violating and infringing party of liabilities for infringement according to other laws.”^[27] For lodging contract, the aggrieved party can claim for infringement according to consumer protection law, the civil law, the Interpretation of the Supreme People’s Court of Some Issues concerning the Application of Law for the Trial of Cases on Compensation for Personal Injury, Tourism Law of the People’s Republic of China, Measures for the Control of Security in the Hotel Industry, etc.

 

 

 

2. Rights and obligations of host

 

In China there is only a few mandatory regulations about rights and obligations for lodging contract. Those are the ones made by the Ministry of Public Security as mentioned before, and that is it. Otherwise, guests and hosts agree on their own rights and obligations to a lodging contract. Nowadays, the hotel room booking process is fast and easy. Clauses of rights and obligations in the contract can be easily overlooked. Most of the time those are made by the host although the offer is presented by the guest. For walk-ins, often times the staff only ask the guest to sign on an electronic pad without showing the actual contract. And it is a custom in China. The guest then can immediately take the room after signing. Another example is when a person book a room through online booking sites, it is just a click of few buttons. The rights and obligations of the contract is not even shown. Even when it is shown, going through them one by one and bargaining between the two parties is not a common practice in China. Hotels might not accept bargaining too. Hotels has a dominant position in the case where the rights and obligations is usually made by them. Therefore, having mandatory rights and obligations for both parties in lodging contract law can protect guests just as the consumer protection law protects consumers. On the other hand, it is only fair that the hosts have their right secured too.

 

Since the law allows us to refer the law of the closest named contract when lodging contract is not a named one. I will analyze the character of the closest contracts and draw out the irrelevant rights and obligations. This way we can see what rights and obligations a lodging contract needs. Lodging contract should have its specific rights and obligations designed just for it. The closest contracts to a lodging contract are leasing contract and storage contract. Lodging contract also has a sense of service contract nature to it. Whereas a service contract is also not a named contract. Therefore I will be focusing on discussing the other two closest contracts. I will also take reference to a set of hotel operation rules made the made by the China Tourist Hotel Association in 2002^[28] to see the common features in rights and obligations for lodging contract in China. These operation rules are only applicable to those who subscribed to the association, and it only has 1000 members.^[29] Since it is not law, we cannot legally rely on it. Yet we can use it as guideline to insert it into our lodging contract.

 

1. Rights of host

 

In the leasing contract, article 227 indicates that “ Where the lessee fails to pay or delays in paying the rent without any reason, the lessor may require the lessee to pay the rent within a reasonable time limit. If the lessee fails to pay the rent at the end of such time limit, the lessor may terminate the contract.”^[30]  Leasing contract law is designed for a long period of stay. For instance if a contract is one year, the lessor can be paid monthly. If the lessee fails to paid by the first month, the lessor can terminate the contract and not lease the room for the rest of the eleven months.  The stay of a lodging contract is shorter. This can be applied to lodging contract when the fee is supposed to be paid everyday during the stay. However, most of the hotels accept bail before the stay and receive the full price on the date of check-out in China. In this case terminating the contract does not mean much since it is already the date for the guest to leave. It is the liability that matters. Therefore, both the payment of consumption and the liability of guest not paying the lodging price should be clearly stated in the law.

 

In storage contract, article 378 says “Where the depository keeps money deposit, it may return money of the same type and quantity. Where the depository keeps any other fungible item, it may return any item of the same type,quality and quantity in accordance with the contract.”^[31] this can be applied to lodging contract whereas article 380 cannot. Article 380 says if the depositor fail to pay the price, the depository can keep their goods.^[32] Hotels do not receive fee for storage of goods because it should be their obligation to the lodging contract to store the guest’s good and keep it safe.

 

1. Obligations of host

 

In the leasing contract, article 220 states that “The lessor shall perform the obligations of maintenance and repair of the lease item, except otherwise agreed by the parties.” ^[33]Article 216  says “The lessor shall deliver the lease item to the lessee in accordance with the contract and shall, during the lease term, keep the lease item fit for the agreed purpose.”^[34] these can be applied to lodging contract since the hotel is obliged to provide the agreed environment to the guest. Article 228 says “ If due to any claim by a third party, the lessee is unable to use or accrue benefit from the lease item, the lessee may require reduction in rent or refuse to pay rent. In case of any claim by a third party, the lessee shall timely notify the lessor.”^[35] This article can be interpreted to fit in the hotel situation. In the case of lodging contract, a claim by a third party could mean the occupation of the room by other guests due to some mistake made by the hotel. For instance the hotel did not check the occupancy of rooms and sell it to more guests than they are capable of keeping, etc.

 

In storage contract, Article 368 says “Upon the depositor’s delivery of the deposit to the depository, the depository shall issue a deposit voucher thereto, except as otherwise practised in transaction.”^[36]  Hotel will not issue deposit voucher for goods that have been put in the room. Most of the time hotels in China do not issue a voucher even when you entrust your goods in the hotel’s custody. Article 369, 372, 373, 377 can be applied to lodging contract where they require the depository to keep the good and take care of the good; forbid them for using the good; the obligation to return the goods before agreed time.^[37]

 

 

3. Rights and obligation of guests

 

1. Right of guests

 

For leasing contract, article 221 says “Where the lease item needs maintenance or repair, the lessee may require the lessor to perform maintenance or repair within a reasonable time limit.If the lessor fails to fulfill its obligations of maintenance or repair.”^[38] this part of the article can be applied to lodging contract where the hotel is obliged to perform maintenance of the room. However the second part of this article and article 223 do not fit.  “the lessee may maintain or repair the lease item on its own at the lessor’s expense. Where the lessee’s use of the lease item is impaired due to maintenance or repair thereof, the rent shall be reduced or the lease term shall be extended accordingly.”^[39]“Subject to consent of the lessor, the lessee may make improvement on or addition to the lease item.”^[40]Hotel are not supposed to let the guest decorate or renovate the room. If the hotel fail to perform this obligation, there should be another solution. For example it could be the right of the guest to terminate the contract, or to change a room, etc. Or as article 231 and 233 stated, the lessee may terminate the contract when the lease item is damaged or lost in part and where the lease item endangers the safety or health of the lessee. This can be applied to lodging contract.^[41] In article 225, 228 “During the lease term, any benefit accrued from the possession or use of the lease item belongs to the lessee, except otherwise agreed by the parties.” ^[42]“If due to any claim by a third party, the lessee is unable to use or accrue benefit from the lease item, the lessee may require reduction in rent or refuse to pay rent.“^[43] Hotels normally advocate guest to not use the room for other purpose than the agreed accommodation. Article 230, “Where the lessor is to sell a dwelling unit under a lease, it shall give the lessee a notice within a reasonable time limit before the sale, and the lessee has the right of first refusal under the same conditions.”^[44] in hotel operation, the host do not need to notify the guest whether the room is going to be sold to any other guests or not.

 

In the storage contract article 376 allows the depositor to retrieve the deposit at any time which can be applied to lodging contract. ^[45]

 

1. Obligation of guests

 

In leasing contract, article 217 says “the lessee shall use the lease item in the agreed manner”;^[46] Article 235 says “The lessee shall return the lease item at the end of the lease term. The returned lease item shall be in a condition resulting from its use in the agreed manner or in a manner consistent with its nature.”^[47]Article 226 “The lessee shall pay the rent at the agreed time. Where the time of payment is not agreed or the agreement is not clear, nor can it be determined in accordance with article 61 of this Law, the rent shall be paid at the end of the lease term if it is less than one year;”^[48] these can be applied to lodging contract in a sense that these are actually the basic obligations for a guest to comply.

In storage contract, article 375 says the depositor should inform the hotel if the good is valuable which can be fit into the case of lodging contract. ^[49]This can be a clause for lodging contract. When the hotel is noticed, they can do proper care to the goods. In fact if the goods are still lost or damaged when the hotel is noticed. The liability should goes to the hotel, and the compensation should not be the same as loosing or damaging normal goods. It seems to be the case in China. According to the rules made by China tourist hotel association article 17 and 18 hotel should take record of the valuable goods that guest deposited and should take responsibility if it is lost or damaged.[50]

 

4. Liability of host

 

1. Liability for guest belongings

 

In China, the liability for guests’ belongings which includes cars and goods are regulated by contract law, civil law, consumer protection law, etc. In the contract law perspective, the closest contract for keeping guest’s goods and cars from losing is storage contract. According to article 365 of the contract law, a storage contract is a contract whereby the depository keeps the deposit delivered by the depositor, and eventually returns it thereto;”^[51]Article 366, 379 say the depositor should pay the depository and pay it at the agreed time.^[52] In normal practice, guests do not need to pay additional fee for the storage of goods either in the room(including the safe provided in the room) or the hotel safekeeping service. Therefore if we say it is a storage contract, the fee is included in the hotel service contract. However, we normally do not say it is a storage contract because even when the guest did not actually pay for the storage(either separately or included in the hotel service contract), the hotel still needs to take certain responsibilities for the lost good or damaged good. Therefore I would argue it is an obligation to the hotel service contract. Furthermore, as mentioned before, lodging contract is not a named contract, the obligations are not clear. The liability of a storage contract and an affiliated obligation of a lodging contract can be different. Same situation happens to the damage or lost of guest’s cars. Some Chinese scholars such as Lee and Yu regard the parking cars as a leasing contract when the hotel do not have control of the car itself.^[53]

 

In China, hotel parking lot can be located inside the hotel area or a appointed area outside the hotel. Different hotels have different practice of managing guest’s cars. Some of them take parking fee, some of them do not; some of them keep the car key, some of them do not; some of them provide valet parking, some of them provide self-help parking. They all share a same feature, no matter where is it, how the payment it, these service is managed by the hotel for the hotel guests. Furthermore, the car is brought by the guest, it is a belonging of the guest. Hotel has the obligation to keep the guest’s car and prevent it from losing or damaging. Two cases in the beginning of this thesis showed the ambiguity of the category and liability of hotel parking service. I suggest that China should clarify the meaning and liability towards hotel for hotel parking service, so that we can avoid unnecessary doubts. In my opinion, it should be regarded as an obligation to the lodging contract.

 

In the storage contract, article 374 says “If the deposit is damaged or lost due to improper storage by the depository during the deposit period, the depository shall be liable for damages, provided that if the storage is provided for free, and the depository proves that it has no gross negligence, it shall be not liable for damages.” ^[54]As I mentioned before, the storage is normally provided for free in a lodging contract. So as the rules made by the China Tourist Hotel Association. In article 17, it is said that hotels should provide free storage for valuable goods in front desk.  However in article 15, it says that if the loss of good is caused by the guests themselves, hotel do not need to take any responsibility. ^[55] This is different from the laws of the other places where I will discuss about in the following part.

 

1. Liability for body injuries and death

 

In the contract law perspective, beside the private contract made between the host and the guest, there is no regulation about the liability for body injuries and death. There is however the Supreme People’s Court of Some Issues concerning the Application of Law for the Trial of Cases on Compensation for Personal Injury. According to article 6, “organization who engages in the business of hotel, catering or entertainment, etc. or carries out other social activities, fails to perform the security guaranty obligation within a reasonable scope, and thus causes any other person to suffer from a personal injury, and the obligee to compensation claims against the obligor for bearing corresponding compensation liabilities, the people’s court shall support such claim.Where a third person’s tort results in an injury, he shall bear the compensation liabilities.” Therefore at the present stage, when it is hard for guest to sue for breach of contract, they can use this law as a civil case argument.[56]

 

5. Liability of guest

 

In the leasing contract, Article 218, 219, 222 says the lessee shall keep the lease item with due care and shall be liable for damages; the lessor can terminate the contract. But when the lessee use the item in the agreed manner then their are not liable.^[57] These can be used in forming  lodging contract. However, article 224 states that “subject to consent of the lessor, the lessee may sublease the lease item to a third party. Where the lessee subleases the lease item, the leasing contract between the lessee and the lessor remains valid, and if the third party causes damage to the lease item, the lessee shall compensate for the losses.”^[58] This article is controversial because hotels do not normally let the guest sell the hotel to other guests. Because this could lead to other legal and social problems that I am not going to discuss here.

 

In storage contract, article 370 says “where the deposit delivered by the depositor has defects or requires special storage measures in light of its nature, the depositor shall inform the depository of the relevant situation.Where the depositor fails to inform, thereby causing damage to the deposit, the depository is not liable for damages;”^[59] This can be seen in lodging contract too as in article 15 of the rules made by the association. Article 371 indicates that “the depository may not delegate storage of the deposit to a third party, except as otherwise agreed upon by the parties… thereby causing damage to the deposit, the depository shall be liable for damages.”^[60] this also is possible to include in the lodging contract.

 

6. Limits of liability

 

The contract law did not put a cap on liability. It only says in Article 113 that “where a party fails to perform its obligations …, the amount of compensation for losses shall be equal to the losses caused by the breach of contract, including the interests receivable after the performance of the contract…The business operator who commits default activities in providing to the consumer any goods or services shall be liable for paying compensation for damages in accordance with the Law of the People’s Republic of China on Protection of Consumer Rights and Interests.”^[61] And the Law of the People’s Republic of China on the Protection of Consumer Rights and Interests Article 56 says that “Under any of the following circumstances, business operators shall, in addition to corresponding civil liabilities, be governed by other applicable laws and regulations which provide for the punishing authorities and forms of punishment; …impose a fine of not less than the illegal income but not more than ten times the illegal income or, if there is no illegal income, a fine of not more than 500,000 yuan”^[62]

 

Leasing contract and storage contract cannot be applied to lodging contract because the nature of these contract and the rights and obligations are different or are not exactly the same. Furthermore rights and obligation of service contract is missing. There are other rights and obligation missing. We can take other countries’ law as reference to see what else is missing, and then suggestions will be made at the end.

 

7. Revelation and reference of other legislations

 

1. French Civil Code

 

According to French civil code article 1952, “Innkeepers or hotel-keepers are liable, as depositaries, for clothes, luggage and various effects brought into their business premises by a traveller lodging with them; the deposit of effects of that kind shall be considered as a necessary deposit.”^[63] Unlike China, in France, the liability of loss of goods in hotel is very clear. It explains that the goods brought to the hotel with the guest shall be considered a necessary deposit. Although it is not necessarily a commercial contract law for that matter, it gives clear surveillance on this specific lodging contract liability.

 

For limits of liability, article 1953 states that hotel “are liable for theft or for damage to those effects, whether the theft was committed or the damage caused by their servants or employees, or by third persons going to and fro in the hotel. This liability is unlimited, notwithstanding any clause to the contrary, in case of theft or deterioration of all kinds of effects deposited within their hands or which they refused to receive without rightful reason. In all other cases, damages due to a traveler are, to the exclusion of any agreed lower limitation, limited to the equivalent of one-hundred times the price of rental of lodging per day, except when the traveler proves that the damage he has suffered results from a fault of the person who shelters him or of the persons for whom the latter is responsible.”^[64]

 

Article 1954 states that “innkeepers or hotel-keepers are not liable for thefts or damage which happen through force majeure”^[65] where in China Article 117 of contract law also says “a party who is unable to perform a contract due to force majeure is exempted from liability in part or in whole in light of the impact of the event of force majeure, except otherwise provided by law.”^[66]

 

Car parking problem in France is also governed by their law. “Innkeepers or hotel-keepers are responsible for the objects left in vehicles parked in areas over which they have private enjoyment up to the amount of fifty times the price of rental of lodging per day. Articles 1952 and 1953 shall not apply to living animals.”^[67]

 

 

III.         Macau Lodging Contract Law

 

Lodging contract is followed by its specific rights and obligations. In Macau there is a set of lodging contract law. It defines what a lodging contract and the general provision, the conclusion of the contract, rights and obligations towards parties, etc. We can improve the China law by looking at legislation from other countries.

 

A recent case and court decision from Macau shows how the lodging contract law clarify the rights and obligation towards both parties.A Hong Kong couple stayed in a five-star hotel in Macau in 2009. The husband slipped in the shower room after taking shower. The wife called a staff and told them about the incident. The hotel called an ambulance immediately, and he was sent to a hospital. His left forearm was broke. He could not move his hand for six weeks. It caused permanent damage to his forearm and the damage ratio was 8%. According to Macau Commercial Code article 798-800 they concluded a lodging contract.^[68] Therefore both of them should have their own rights and obligations to follow. In this case article 809 states that “A host is liable for death or bodily injuries suffered by a guest or by his companions, during the period of their stay at the hostelry and its annexes, except if they result from a cause not imputable to him.”^[69]  The hotel could not prove that the result was imputable to them. Therefore both first trial and second trial ruled that the hotel is liable for his injury and it need to compensate the husband. It is very comprehensive that if you want to argue for breach of contract, you will be able to use the regulations written in the commercial code. Since the definition and conclusion of the contract is there in the law, we could easily tell they conclude a lodging contract. The rights and obligations driven by this contract are also written. This avoid uncertainty.

 

Macau lodging contract law article 811(1) talks about limits of liability too. Such as “The liability mentioned in the previous article is limited to the value of the deteriorated, destroyed, or disappeared goods, with the maximum limit of a value equivalent to the price of 100 days lodging.”^[70]

 

Macau has the most complete and most comprehensive lodging law out of these places. We could use their law as a guideline to look at how we could adopt a set of lodging contract law. For example looking at the good points and bad points in their law. For example in article 799, hostelry is obliged to accept any and all lodging proposal except if there are just cause for the hotel to reject lodging proposals namely, “any and all behavior by the guest or his companions contrary to public order and good mores, or that is likely to disturb the tranquility of other guests or the normal functioning of the hostelry; if the guest has no means to pay the lodging costs; if the guest brings animals, firearms or toxic, explosive, unhealthy, or bad smelling goods.”^[71] This obligation clause is necessary where there should not be any discrimination towards guests. Yet some of the the just causes for refusal of lodging seem inadequate. a) any and all behavior by the guest or his companions contrary to public order and good mores, or that is likely to disturb the tranquility of other guests or the normal functioning of the hostelry;^[72] this can only be seen after they stay in the hotel but not before the contract concluded. For example since the transportation of guests is a conclusion of a lodging contract according to article 800(2),^[73] the hotel would not know if the guest would disturb the tranquility of other guests or the normal functioning of the hostelry during the transportation. Article 799 c) says if the guest brings animals, firearms or toxic, explosive, unhealthy, or bad smelling goods.^[74] The law should define what is toxic and unhealthy goods. Lawmakers should evaluate whether bringing an unhealthy good to the hotel is enough to constitute a just cause for the refusal of lodging.

 

The obligations of guest are regulated in article 803. Yet, some of the items are somehow unreasonable. In b) a guest has the obligation to post bail, if asked for it, of an amount not higher than that due for the duration of the stay;^[75] what if the stay cost 100,000. Then the post bail can be 100,000 too if asked for. A guest may not be able to pay for another 100,000 due to different reasons such as the local or foreign policies of bringing or using this big amount of money. g) not to consume food or drinks that are not supplied in the hostelry, unless the accommodation is provided with a place for cooking.^[76] It is doubtful that consuming food and drink that are not supplied in the hostelry should be considered a breach of contract.

 

Article 804, it is good to know the rights of guest but in a) specifically, “A guest has the right to use the common facilities of the hostelry and its annexes without any additional price;”^[77] The law should define what is the “annexes” of the hostelry, since hotels nowadays provide various services and facilities. Some may not be in the same building as the hotel rooms.

 

Same as the California code, Macau Commercial Code also regulate the return of premises. “If the guest does not return the accommodation in accordance with the previous paragraph, the host can, accompanied by an agent of the public authority, enter the premises occupied by the guest and vacate them of persons and goods.”^[78] and Article 818 “ for the credit of lodging, a host enjoys a right of retention over goods that the guest has brought to the hostelry or its annexes.”^[79] It is an essential right for the hotel so that their business can move on. In Macau, “a guest is responsible towards the host for damage negligently caused by his companions.”[80] This regulate the liability of companion. This one thing that needs to be clarified here is “companion”. The law should define it either in the contract law or other laws. If China is going to make a set of lodging contract law these should be taken into account.

 

8. Conclusion

 

It is necessary to make a set of law regulate the  lodging contract. Therefore the rights and obligations can be clear and adequate. It is possible for China to develop a set of lodging contract law. The laws of other places offer some revelation and reference. First china lodging law would need to have the clear explanation on what a lodging contract is; conclusion of lodging contract; refusal of lodging; rights, obligations and liability towards both parties;  limited liability; exceptions on the clauses; other additional clauses such as duration of contracts; payment of price; nullity clauses etc.  Hotel service is not a new sphere. Chinese government could develop a set of law base on the pre-existing phenomenon. China has special laws set for different industries, for example Tobacco Patent Sales Law of the People’s Republic of China, Pharmaceutical Administration Law of the People’s Republic of China, Pharmacopoeia of the People’s Republic of China, etc. The tourist industry has been booming these years. More and more issues will occur if there is no adequate law to govern it. Therefore I urge scholars and related teams to do more deep research on different perspectives, so that China could develop a set of lodging contract law. This would benefit not only the hosts and guests but the entire industry and the economy.

 

9. Bibliography

 

^[1] Xiao Fei Zhe Quan Yi Bao Hu Fa 2013 Xiu Zheng[Law of the People’s Republic of China on the Protection of Consumer Rights and Interests 2013 Amendment](promulgated by 5th Session of the Standing Comm. of the 12th Nat’l People’s Cong., (2013)

² He Tong Fa[Contract Law of the People’s Republic of China](promulgated by the 2nd Session of the 9th Nat’l People’s Cong., Mar. 15, 1999, effective  Oct.1, 1999)Peking University Center for Legal Information.

³ Min Fa Zong Ze[General Provisions of the Civil Law of the People’s Republic of China](promulgated by 5th Session of the 12th Nat’l People’s Cong., Mar. 15, 2017, effective  Oct.1, 2017)Peking University Center for Legal Information.

⁴Zui Gao Ren Min Fa Yuan Guan Yu Shen Li Ren Shen Sun Hai Pei Chang An Jian Shi Yong Fa Lu Ruo Gan Wen Ti De Jie Shi [Interpretation of the Supreme People’s Court of Some Issues concerning the Application of Law for the Trial of Cases on Compensation for Personal Injury](promulgated by the Judicial Committee of the Supreme People’s Court on Dec. 4, 2003, effective May.1, 2004)Peking University Center for Legal Information.

⁵ Lu You Fa Shi Yi[Interpretation of Tourism Law of the People’s Republic of China](promulgated by The Nat’l People’s Cong., Dec.24,2013,  effective Dec. 24, 2013) www.npc.gov.cn(last visited Dec.24, 2013)(P.R.C.).

6 Lu Guan Ye Zhi An Guan Li Ban Fa[Measures for the Control of Security in the Hotel Industry] art.6,7(promulgated by Ministry of Public Security PRC, Nov. 10, 1987)Peking University Center for Legal Information.

⁷ French Civil Code[C. civ.] (Mar.21, 1804)

⁸ Macau Commercial Code, Lodging contract art. 798-819 (Nov.1, 1999)

⁹ 2010 California Code Civil Code art. 4, Innkeepers Civil Code Section 1859-1867 (1872)

¹⁰ Li. S.S,  Tour operator security obligation of legal research p34-39(2017)

¹¹ Zhou. H, In the perspective of protection of rights and interests of tourists to the analysis of existing problems of China’s tourism law p17-35(2012)

¹² Xiamen Lujiang Harbourview Hotel V. Luo Un Peng, fu jian sheng xia men zhong ji ren min fa yuan, xia min zhong zi 1149(2006)

¹³ He Tong Fa[Contract Law of the People’s Republic of China](promulgated by the 2nd Session of the 9th Nat’l People’s Cong., Mar. 15, 1999, effective  Oct.1, 1999)art.366-368, Peking University Center for Legal Information.

¹⁴ Chu Pei Yong V. Guang Zhou Shi Hua Du Qu Ming Ji Lu Dian, guang dong sheng guang zhou shi hua du qu ren min fa yuan, hua famin 2 chu ji 300(2008)

¹⁵ Zhi Ping Wong, Min Shi An Jian You Guei Ding(Shi Xing) De Li Jie Yu Shi Yong [Supreme People’s Court on Issuing the Decision on Amending the Provisions on the Cause of Action of Civil Cases(trial implementation)comprehension and application]p.510(2001)

¹⁶ He Tong Fa[Contract Law of the People’s Republic of China](promulgated by the 2nd Session of the 9th Nat’l People’s Cong., Mar. 15, 1999, effective  Oct.1, 1999)art.124, Peking University Center for Legal Information.

 

¹⁷ He Tong Fa[Contract Law of the People’s Republic of China](promulgated by the 2nd Session of the 9th Nat’l People’s Cong., Mar. 15, 1999, effective  Oct.1, 1999)art. 60, Peking University Center for Legal Information.

¹⁸ He Tong Fa[Contract Law of the People’s Republic of China](promulgated by the 2nd Session of the 9th Nat’l People’s Cong., Mar. 15, 1999, effective  Oct.1, 1999)art.25, Peking University Center for Legal Information.

¹⁹ He Tong Fa[Contract Law of the People’s Republic of China](promulgated by the 2nd Session of the 9th Nat’l People’s Cong., Mar. 15, 1999, effective  Oct.1, 1999)art.26, Peking University Center for Legal Information.

²⁰ Macau Commercial Code, Lodging contract art. 798 (Nov.1, 1999)

²¹ Macau Commercial Code, Lodging contract art. 800 (Nov.1, 1999)

²² Travel and accommodation: An industry guide to the Australian Consumer Law,  p.7(2013)

²³ He Tong Fa[Contract Law of the People’s Republic of China](promulgated by the 2nd Session of the 9th Nat’l People’s Cong., Mar. 15, 1999, effective  Oct.1, 1999)art. 60, Peking University Center for Legal Information.

²⁴ He Tong Fa[Contract Law of the People’s Republic of China](promulgated by the 2nd Session of the 9th Nat’l People’s Cong., Mar. 15, 1999, effective  Oct.1, 1999)art.60, Peking University Center for Legal Information.

²⁵ He Tong Fa[Contract Law of the People’s Republic of China](promulgated by the 2nd Session of the 9th Nat’l People’s Cong., Mar. 15, 1999, effective  Oct.1, 1999)art.67,107, Peking University Center for Legal Information.

²⁶ He Tong Fa[Contract Law of the People’s Republic of China](promulgated by the 2nd Session of the 9th Nat’l People’s Cong., Mar. 15, 1999, effective  Oct.1, 1999)art.124, Peking University Center for Legal Information.

²⁷ He Tong Fa[Contract Law of the People’s Republic of China](promulgated by the 2nd Session of the 9th Nat’l People’s Cong., Mar. 15, 1999, effective  Oct.1, 1999)art.122, Peking University Center for Legal Information.

 

²⁸ Zhong guo lu you fan dian hang ye gui fan[tourism hotel industry standard of the People’s Republic of China](promulgated by China tourist hotel association,  effective May,1, 2002) http://webcache.googleusercontent.com/search?q=cache:http://www.china.com.cn/chinese/PI-c/127780.htm

²⁹ Zhong guo lu you fan dian ye xie hui jian jie[Introduction of China tourist hotel association](promulgated by China tourist hotel association,  Apr,11, 2018) http://www.ctha.com.cn/detail-4-61-162.htmlsv

³⁰ He Tong Fa[Contract Law of the People’s Republic of China](promulgated by the 2nd Session of the 9th Nat’l People’s Cong., Mar. 15, 1999, effective  Oct.1, 1999)art.227, Peking University Center for Legal Information.

³¹ He Tong Fa[Contract Law of the People’s Republic of China](promulgated by the 2nd Session of the 9th Nat’l People’s Cong., Mar. 15, 1999, effective  Oct.1, 1999)art.378, Peking University Center for Legal Information.

³² He Tong Fa[Contract Law of the People’s Republic of China](promulgated by the 2nd Session of the 9th Nat’l People’s Cong., Mar. 15, 1999, effective  Oct.1, 1999)art.380, Peking University Center for Legal Information.

³³ He Tong Fa[Contract Law of the People’s Republic of China](promulgated by the 2nd Session of the 9th Nat’l People’s Cong., Mar. 15, 1999, effective  Oct.1, 1999)art.220, Peking University Center for Legal Information.

³⁴ He Tong Fa[Contract Law of the People’s Republic of China](promulgated by the 2nd Session of the 9th Nat’l People’s Cong., Mar. 15, 1999, effective  Oct.1, 1999)art.216, Peking University Center for Legal Information.

³⁵ He Tong Fa[Contract Law of the People’s Republic of China](promulgated by the 2nd Session of the 9th Nat’l People’s Cong., Mar. 15, 1999, effective  Oct.1, 1999)art.228, Peking University Center for Legal Information.

³⁶ He Tong Fa[Contract Law of the People’s Republic of China](promulgated by the 2nd Session of the 9th Nat’l People’s Cong., Mar. 15, 1999, effective  Oct.1, 1999)art.368, Peking University Center for Legal Information.

³⁷ He Tong Fa[Contract Law of the People’s Republic of China](promulgated by the 2nd Session of the 9th Nat’l People’s Cong., Mar. 15, 1999, effective  Oct.1, 1999)art. 369, 372, 373, 377, Peking University Center for Legal Information.

³⁸ He Tong Fa[Contract Law of the People’s Republic of China](promulgated by the 2nd Session of the 9th Nat’l People’s Cong., Mar. 15, 1999, effective  Oct.1, 1999)art.221, Peking University Center for Legal Information.

³⁹ He Tong Fa[Contract Law of the People’s Republic of China](promulgated by the 2nd Session of the 9th Nat’l People’s Cong., Mar. 15, 1999, effective  Oct.1, 1999)art.221, Peking University Center for Legal Information.

⁴⁰ He Tong Fa[Contract Law of the People’s Republic of China](promulgated by the 2nd Session of the 9th Nat’l People’s Cong., Mar. 15, 1999, effective  Oct.1, 1999)art.223, Peking University Center for Legal Information.

⁴¹ He Tong Fa[Contract Law of the People’s Republic of China](promulgated by the 2nd Session of the 9th Nat’l People’s Cong., Mar. 15, 1999, effective  Oct.1, 1999)art.231,233, Peking University Center for Legal Information.

⁴² He Tong Fa[Contract Law of the People’s Republic of China](promulgated by the 2nd Session of the 9th Nat’l People’s Cong., Mar. 15, 1999, effective  Oct.1, 1999)art.225, Peking University Center for Legal Information.

⁴³ He Tong Fa[Contract Law of the People’s Republic of China](promulgated by the 2nd Session of the 9th Nat’l People’s Cong., Mar. 15, 1999, effective  Oct.1, 1999)art.228, Peking University Center for Legal Information.

⁴⁴ He Tong Fa[Contract Law of the People’s Republic of China](promulgated by the 2nd Session of the 9th Nat’l People’s Cong., Mar. 15, 1999, effective  Oct.1, 1999)art.230, Peking University Center for Legal Information.

⁴⁵ He Tong Fa[Contract Law of the People’s Republic of China](promulgated by the 2nd Session of the 9th Nat’l People’s Cong., Mar. 15, 1999, effective  Oct.1, 1999)art.376, Peking University Center for Legal Information.

⁴⁶ He Tong Fa[Contract Law of the People’s Republic of China](promulgated by the 2nd Session of the 9th Nat’l People’s Cong., Mar. 15, 1999, effective  Oct.1, 1999)art.217, Peking University Center for Legal Information.

⁴⁷ He Tong Fa[Contract Law of the People’s Republic of China](promulgated by the 2nd Session of the 9th Nat’l People’s Cong., Mar. 15, 1999, effective  Oct.1, 1999)art.235, Peking University Center for Legal Information.

⁴⁸ He Tong Fa[Contract Law of the People’s Republic of China](promulgated by the 2nd Session of the 9th Nat’l People’s Cong., Mar. 15, 1999, effective  Oct.1, 1999)art.226, Peking University Center for Legal Information.

⁴⁹ He Tong Fa[Contract Law of the People’s Republic of China](promulgated by the 2nd Session of the 9th Nat’l People’s Cong., Mar. 15, 1999, effective  Oct.1, 1999)art.375, Peking University Center for Legal Information.

50 Zhong guo lu you fan dian hang ye gui fan[tourism hotel industry standard of the People’s Republic of China]art.17,18(promulgated by China tourist hotel association, effective May,1, 2002)

⁵¹ He Tong Fa[Contract Law of the People’s Republic of China](promulgated by the 2nd Session of the 9th Nat’l People’s Cong., Mar. 15, 1999, effective  Oct.1, 1999)art.365, Peking University Center for Legal Information.

⁵² He Tong Fa[Contract Law of the People’s Republic of China](promulgated by the 2nd Session of the 9th Nat’l People’s Cong., Mar. 15, 1999, effective  Oct.1, 1999)art.366, 379 Peking University Center for Legal Information.

⁵³ Ping Li, Bin guan ti gong ting che pa wei de fa lu xing zhi[the legal nature of hotel providing car parking space], 8 Legal Science, p.52-53(1999), Ding Qiong Yu, Jiu dian ti gong ting che fu wu fa lu xing zhi fen xi[the legal nature of hotel providing car parking service], 5 Pioneering with science and technology monthly,121-122(2005)

⁵⁴ He Tong Fa[Contract Law of the People’s Republic of China](promulgated by the 2nd Session of the 9th Nat’l People’s Cong., Mar. 15, 1999, effective  Oct.1, 1999)art.374 Peking University Center for Legal Information.

⁵⁵ Zhong guo lu you fan dian hang ye gui fan[tourism hotel industry standard of the People’s Republic of China]art.15,17(promulgated by China tourist hotel association, effective May,1, 2002)

56 Zui Gao Ren Min Fa Yuan Guan Yu Shen Li Ren Shen Sun Hai Pei Chang An Jian Shi Yong Fa Lu Ruo Gan Wen Ti De Jie Shi [Interpretation of the Supreme People’s Court of Some Issues concerning the Application of Law for the Trial of Cases on Compensation for Personal Injury]art.6(promulgated by the Judicial Committee of the Supreme People’s Court on Dec. 4, 2003, effective May.1, 2004)Peking University Center for Legal Information.

⁵⁷ He Tong Fa[Contract Law of the People’s Republic of China](promulgated by the 2nd Session of the 9th Nat’l People’s Cong., Mar. 15, 1999, effective  Oct.1, 1999)art.218,219,222 Peking University Center for Legal Information.

⁵⁸ He Tong Fa[Contract Law of the People’s Republic of China](promulgated by the 2nd Session of the 9th Nat’l People’s Cong., Mar. 15, 1999, effective  Oct.1, 1999)art.224 Peking University Center for Legal Information.

⁵⁹ He Tong Fa[Contract Law of the People’s Republic of China](promulgated by the 2nd Session of the 9th Nat’l People’s Cong., Mar. 15, 1999, effective  Oct.1, 1999)art.370Peking University Center for Legal Information.

⁶⁰ He Tong Fa[Contract Law of the People’s Republic of China](promulgated by the 2nd Session of the 9th Nat’l People’s Cong., Mar. 15, 1999, effective  Oct.1, 1999)art.371Peking University Center for Legal Information.

⁶¹ He Tong Fa[Contract Law of the People’s Republic of China](promulgated by the 2nd Session of the 9th Nat’l People’s Cong., Mar. 15, 1999, effective  Oct.1, 1999)art.113Peking University Center for Legal Information.

⁶² Xiao Fei Zhe Quan Yi Bao Hu Fa 2013 Xiu Zheng[Law of the People’s Republic of China on the Protection of Consumer Rights and Interests 2013 Amendment](promulgated by 5th Session of the Standing Comm. of the 12th Nat’l People’s Cong.,art.56 (2013)

⁶³ French Civil Code[C. civ.]art.1952(Mar.21, 1804)

⁶⁴ French Civil Code[C. civ.]art.1953(Mar.21, 1804)

⁶⁵ French Civil Code[C. civ.]art.1954(Mar.21, 1804)

⁶⁶ He Tong Fa[Contract Law of the People’s Republic of China](promulgated by the 2nd Session of the 9th Nat’l People’s Cong., Mar. 15, 1999, effective  Oct.1, 1999)art.117Peking University Center for Legal Information.

⁶⁷ French Civil Code[C. civ.]art.1954(Mar.21, 1804)

⁶⁸ 2010 California Code Civil Code art. 4, Innkeepers Civil Code Section 1865(a)(b)(1872)

⁶⁹ 2010 California Code Civil Code art. 4, Innkeepers Civil Code Section 1865(c)(1872)

⁷⁰ 2010 California Code Civil Code art. 4, Innkeepers Civil Code Section 1859(1872)

⁷¹ German Civil Code[BGB], S.651h(Jan.1,1900)

⁷² 2010 California Code Civil Code art. 4, Innkeepers Civil Code Section 1861(1872)

⁷³ Macau Commercial Code, Lodging contract art.798-800(Nov.1, 1999)

⁷⁴ Processo n.º 2/2015， http://www.court.gov.mo/sentence/pt-bc30aa176cf97.pdf

⁷⁵ Macau Commercial Code, Lodging contract art.811(1)(Nov.1, 1999)

⁷⁶ Macau Commercial Code, Lodging contract art.799(Nov.1, 1999)

⁷⁷ Macau Commercial Code, Lodging contract art.799(2)(a)(Nov.1, 1999)

⁷⁸ Macau Commercial Code, Lodging contract art.800(2)(Nov.1, 1999)

⁷⁹ Macau Commercial Code, Lodging contract art.799(2)(c)(Nov.1, 1999)

⁸⁰ Macau Commercial Code, Lodging contract art.803(b)(Nov.1, 1999)

⁸¹ Macau Commercial Code, Lodging contract art.803(g)(Nov.1, 1999)

⁸² Macau Commercial Code, Lodging contract art.804(a)(Nov.1, 1999)

⁸³ Macau Commercial Code, Lodging contract art.817(2)(Nov.1, 1999)

⁸⁴ Macau Commercial Code, Lodging contract art.818(a)(Nov.1, 1999)

85 Macau Commercial Code, Lodging contract art.806(a)(Nov.1, 1999)

 

 

^[1] Xiao Fei Zhe Quan Yi Bao Hu Fa 2013 Xiu Zheng[Law of the People’s Republic of China on the Protection of Consumer Rights and Interests 2013 Amendment](promulgated by 5th Session of the Standing Comm. of the 12th Nat’l People’s Cong., (2013)

^[2] He Tong Fa[Contract Law of the People’s Republic of China](promulgated by the 2nd Session of the 9th Nat’l People’s Cong., Mar. 15, 1999, effective  Oct.1, 1999)Peking University Center for Legal Information.

^[3] Min Fa Zong Ze[General Provisions of the Civil Law of the People’s Republic of China](promulgated by 5th Session of the 12th Nat’l People’s Cong., Mar. 15, 2017, effective  Oct.1, 2017)Peking University Center for Legal Information.

^[4]Zui Gao Ren Min Fa Yuan Guan Yu Shen Li Ren Shen Sun Hai Pei Chang An Jian Shi Yong Fa Lu Ruo Gan Wen Ti De Jie Shi [Interpretation of the Supreme People’s Court of Some Issues concerning the Application of Law for the Trial of Cases on Compensation for Personal Injury](promulgated by the Judicial Committee of the Supreme People’s Court on Dec. 4, 2003, effective May.1, 2004)Peking University Center for Legal Information.

^[5] Lu You Fa Shi Yi[Interpretation of Tourism Law of the People’s Republic of China](promulgated by The Nat’l People’s Cong., Dec.24,2013,  effective Dec. 24, 2013) www.npc.gov.cn(last visited Dec.24, 2013)(P.R.C.).

[6] Lu Guan Ye Zhi An Guan Li Ban Fa[Measures for the Control of Security in the Hotel Industry] art.6,7(promulgated by Ministry of Public Security PRC, Nov. 10, 1987)Peking University Center for Legal Information.

^[7] French Civil Code[C. civ.] (Mar.21, 1804)

^[8] Macau Commercial Code, Lodging contract art. 798-819 (Nov.1, 1999)

^[9] 2010 California Code Civil Code art. 4, Innkeepers Civil Code Section 1859-1867 (1872)

^[10] Li. S.S,  Tour operator security obligation of legal research p34-39(2017)

^[11] Zhou. H, In the perspective of protection of rights and interests of tourists to the analysis of existing problems of China’s tourism law p17-35(2012)

^[12] Xiamen Lujiang Harbourview Hotel V. Luo Un Peng, fu jian sheng xia men zhong ji ren min fa yuan, xia min zhong zi 1149(2006)

^[13] He Tong Fa[Contract Law of the People’s Republic of China](promulgated by the 2nd Session of the 9th Nat’l People’s Cong., Mar. 15, 1999, effective  Oct.1, 1999)art.366-368, Peking University Center for Legal Information.

 

^[14]Chu Pei Yong V. Guang Zhou Shi Hua Du Qu Ming Ji Lu Dian, guang dong sheng guang zhou shi hua du qu ren min fa yuan, hua famin 2 chu ji 300(2008)

^[15] Zhi Ping Wong, Min Shi An Jian You Guei Ding(Shi Xing) De Li Jie Yu Shi Yong [Supreme People’s Court on Issuing the Decision on Amending the Provisions on the Cause of Action of Civil Cases(trial implementation)comprehension and application]p.510(2001)

^[16] He Tong Fa[Contract Law of the People’s Republic of China](promulgated by the 2nd Session of the 9th Nat’l People’s Cong., Mar. 15, 1999, effective  Oct.1, 1999)art.124, Peking University Center for Legal Information.

 

^[17] He Tong Fa[Contract Law of the People’s Republic of China](promulgated by the 2nd Session of the 9th Nat’l People’s Cong., Mar. 15, 1999, effective  Oct.1, 1999)art. 60, Peking University Center for Legal Information.

^[18] He Tong Fa[Contract Law of the People’s Republic of China](promulgated by the 2nd Session of the 9th Nat’l People’s Cong., Mar. 15, 1999, effective  Oct.1, 1999)art.25, Peking University Center for Legal Information.

^[19] He Tong Fa[Contract Law of the People’s Republic of China](promulgated by the 2nd Session of the 9th Nat’l People’s Cong., Mar. 15, 1999, effective  Oct.1, 1999)art.26, Peking University Center for Legal Information.

^[20] Macau Commercial Code, Lodging contract art. 798 (Nov.1, 1999)

^[21] Macau Commercial Code, Lodging contract art. 800 (Nov.1, 1999)

^[22] Travel and accommodation: An industry guide to the Australian Consumer Law,  p.7(2013)

^[23] He Tong Fa[Contract Law of the People’s Republic of China](promulgated by the 2nd Session of the 9th Nat’l People’s Cong., Mar. 15, 1999, effective  Oct.1, 1999)art. 60, Peking University Center for Legal Information.

^[24] He Tong Fa[Contract Law of the People’s Republic of China](promulgated by the 2nd Session of the 9th Nat’l People’s Cong., Mar. 15, 1999, effective  Oct.1, 1999)art.60, Peking University Center for Legal Information.

^[25] He Tong Fa[Contract Law of the People’s Republic of China](promulgated by the 2nd Session of the 9th Nat’l People’s Cong., Mar. 15, 1999, effective  Oct.1, 1999)art.67,107, Peking University Center for Legal Information.

^[26] He Tong Fa[Contract Law of the People’s Republic of China](promulgated by the 2nd Session of the 9th Nat’l People’s Cong., Mar. 15, 1999, effective  Oct.1, 1999)art.124, Peking University Center for Legal Information.

^[27] He Tong Fa[Contract Law of the People’s Republic of China](promulgated by the 2nd Session of the 9th Nat’l People’s Cong., Mar. 15, 1999, effective  Oct.1, 1999)art.122, Peking University Center for Legal Information.

 

^[28] Zhong guo lu you fan dian hang ye gui fan[tourism hotel industry standard of the People’s Republic of China](promulgated by China tourist hotel association,  effective May,1, 2002) http://webcache.googleusercontent.com/search?q=cache:http://www.china.com.cn/chinese/PI-c/127780.htm

^[29] Zhong guo lu you fan dian ye xie hui jian jie[Introduction of China tourist hotel association](promulgated by China tourist hotel association,  Apr,11, 2018) http://www.ctha.com.cn/detail-4-61-162.htmlsv

^[30] He Tong Fa[Contract Law of the People’s Republic of China](promulgated by the 2nd Session of the 9th Nat’l People’s Cong., Mar. 15, 1999, effective  Oct.1, 1999)art.227, Peking University Center for Legal Information.

^[31] He Tong Fa[Contract Law of the People’s Republic of China](promulgated by the 2nd Session of the 9th Nat’l People’s Cong., Mar. 15, 1999, effective  Oct.1, 1999)art.378, Peking University Center for Legal Information.

^[32] He Tong Fa[Contract Law of the People’s Republic of China](promulgated by the 2nd Session of the 9th Nat’l People’s Cong., Mar. 15, 1999, effective  Oct.1, 1999)art.380, Peking University Center for Legal Information.

^[33] He Tong Fa[Contract Law of the People’s Republic of China](promulgated by the 2nd Session of the 9th Nat’l People’s Cong., Mar. 15, 1999, effective  Oct.1, 1999)art.220, Peking University Center for Legal Information.

^[34] He Tong Fa[Contract Law of the People’s Republic of China](promulgated by the 2nd Session of the 9th Nat’l People’s Cong., Mar. 15, 1999, effective  Oct.1, 1999)art.216, Peking University Center for Legal Information.

^[35] He Tong Fa[Contract Law of the People’s Republic of China](promulgated by the 2nd Session of the 9th Nat’l People’s Cong., Mar. 15, 1999, effective  Oct.1, 1999)art.228, Peking University Center for Legal Information.

^[36] He Tong Fa[Contract Law of the People’s Republic of China](promulgated by the 2nd Session of the 9th Nat’l People’s Cong., Mar. 15, 1999, effective  Oct.1, 1999)art.368, Peking University Center for Legal Information.

^[37] He Tong Fa[Contract Law of the People’s Republic of China](promulgated by the 2nd Session of the 9th Nat’l People’s Cong., Mar. 15, 1999, effective  Oct.1, 1999)art. 369, 372, 373, 377, Peking University Center for Legal Information.

^[38] He Tong Fa[Contract Law of the People’s Republic of China](promulgated by the 2nd Session of the 9th Nat’l People’s Cong., Mar. 15, 1999, effective  Oct.1, 1999)art.221, Peking University Center for Legal Information.

^[39] He Tong Fa[Contract Law of the People’s Republic of China](promulgated by the 2nd Session of the 9th Nat’l People’s Cong., Mar. 15, 1999, effective  Oct.1, 1999)art.221, Peking University Center for Legal Information.

^[40] He Tong Fa[Contract Law of the People’s Republic of China](promulgated by the 2nd Session of the 9th Nat’l People’s Cong., Mar. 15, 1999, effective  Oct.1, 1999)art.223, Peking University Center for Legal Information.

^[41] He Tong Fa[Contract Law of the People’s Republic of China](promulgated by the 2nd Session of the 9th Nat’l People’s Cong., Mar. 15, 1999, effective  Oct.1, 1999)art.231,233, Peking University Center for Legal Information.

^[42] He Tong Fa[Contract Law of the People’s Republic of China](promulgated by the 2nd Session of the 9th Nat’l People’s Cong., Mar. 15, 1999, effective  Oct.1, 1999)art.225, Peking University Center for Legal Information.

^[43] He Tong Fa[Contract Law of the People’s Republic of China](promulgated by the 2nd Session of the 9th Nat’l People’s Cong., Mar. 15, 1999, effective  Oct.1, 1999)art.228, Peking University Center for Legal Information.

^[44] He Tong Fa[Contract Law of the People’s Republic of China](promulgated by the 2nd Session of the 9th Nat’l People’s Cong., Mar. 15, 1999, effective  Oct.1, 1999)art.230, Peking University Center for Legal Information.

^[45] He Tong Fa[Contract Law of the People’s Republic of China](promulgated by the 2nd Session of the 9th Nat’l People’s Cong., Mar. 15, 1999, effective  Oct.1, 1999)art.376, Peking University Center for Legal Information.

^[46] He Tong Fa[Contract Law of the People’s Republic of China](promulgated by the 2nd Session of the 9th Nat’l People’s Cong., Mar. 15, 1999, effective  Oct.1, 1999)art.217, Peking University Center for Legal Information.

^[47] He Tong Fa[Contract Law of the People’s Republic of China](promulgated by the 2nd Session of the 9th Nat’l People’s Cong., Mar. 15, 1999, effective  Oct.1, 1999)art.235, Peking University Center for Legal Information.

^[48] He Tong Fa[Contract Law of the People’s Republic of China](promulgated by the 2nd Session of the 9th Nat’l People’s Cong., Mar. 15, 1999, effective  Oct.1, 1999)art.226, Peking University Center for Legal Information.

^[49] He Tong Fa[Contract Law of the People’s Republic of China](promulgated by the 2nd Session of the 9th Nat’l People’s Cong., Mar. 15, 1999, effective  Oct.1, 1999)art.375, Peking University Center for Legal Information.

[50] Zhong guo lu you fan dian hang ye gui fan[tourism hotel industry standard of the People’s Republic of China]art.17,18(promulgated by China tourist hotel association, effective May,1, 2002)

^[51] He Tong Fa[Contract Law of the People’s Republic of China](promulgated by the 2nd Session of the 9th Nat’l People’s Cong., Mar. 15, 1999, effective  Oct.1, 1999)art.365, Peking University Center for Legal Information.

^[52] He Tong Fa[Contract Law of the People’s Republic of China](promulgated by the 2nd Session of the 9th Nat’l People’s Cong., Mar. 15, 1999, effective  Oct.1, 1999)art.366, 379 Peking University Center for Legal Information.

^[53] Ping Li, Bin guan ti gong ting che pa wei de fa lu xing zhi[the legal nature of hotel providing car parking space], 8 Legal Science, p.52-53(1999), Ding Qiong Yu, Jiu dian ti gong ting che fu wu fa lu xing zhi fen xi[the legal nature of hotel providing car parking service], 5 Pioneering with science and technology monthly,121-122(2005)

^[54] He Tong Fa[Contract Law of the People’s Republic of China](promulgated by the 2nd Session of the 9th Nat’l People’s Cong., Mar. 15, 1999, effective  Oct.1, 1999)art.374 Peking University Center for Legal Information.

^[55] Zhong guo lu you fan dian hang ye gui fan[tourism hotel industry standard of the People’s Republic of China]art.15,17(promulgated by China tourist hotel association, effective May,1, 2002)

[56] Zui Gao Ren Min Fa Yuan Guan Yu Shen Li Ren Shen Sun Hai Pei Chang An Jian Shi Yong Fa Lu Ruo Gan Wen Ti De Jie Shi [Interpretation of the Supreme People’s Court of Some Issues concerning the Application of Law for the Trial of Cases on Compensation for Personal Injury]art.6(promulgated by the Judicial Committee of the Supreme People’s Court on Dec. 4, 2003, effective May.1, 2004)Peking University Center for Legal Information.

^[57] He Tong Fa[Contract Law of the People’s Republic of China](promulgated by the 2nd Session of the 9th Nat’l People’s Cong., Mar. 15, 1999, effective  Oct.1, 1999)art.218,219,222 Peking University Center for Legal Information.

^[58] He Tong Fa[Contract Law of the People’s Republic of China](promulgated by the 2nd Session of the 9th Nat’l People’s Cong., Mar. 15, 1999, effective  Oct.1, 1999)art.224 Peking University Center for Legal Information.

^[59] He Tong Fa[Contract Law of the People’s Republic of China](promulgated by the 2nd Session of the 9th Nat’l People’s Cong., Mar. 15, 1999, effective  Oct.1, 1999)art.370Peking University Center for Legal Information.

^[60] He Tong Fa[Contract Law of the People’s Republic of China](promulgated by the 2nd Session of the 9th Nat’l People’s Cong., Mar. 15, 1999, effective  Oct.1, 1999)art.371Peking University Center for Legal Information.

^[61] He Tong Fa[Contract Law of the People’s Republic of China](promulgated by the 2nd Session of the 9th Nat’l People’s Cong., Mar. 15, 1999, effective  Oct.1, 1999)art.113Peking University Center for Legal Information.

^[62] Xiao Fei Zhe Quan Yi Bao Hu Fa 2013 Xiu Zheng[Law of the People’s Republic of China on the Protection of Consumer Rights and Interests 2013 Amendment](promulgated by 5th Session of the Standing Comm. of the 12th Nat’l People’s Cong.,art.56 (2013)

^[63] French Civil Code[C. civ.]art.1952(Mar.21, 1804)

^[64] French Civil Code[C. civ.]art.1953(Mar.21, 1804)

^[65] French Civil Code[C. civ.]art.1954(Mar.21, 1804)

^[66] He Tong Fa[Contract Law of the People’s Republic of China](promulgated by the 2nd Session of the 9th Nat’l People’s Cong., Mar. 15, 1999, effective  Oct.1, 1999)art.117Peking University Center for Legal Information.

^[67] French Civil Code[C. civ.]art.1954(Mar.21, 1804)

^[68] Macau Commercial Code, Lodging contract art.798-800(Nov.1, 1999)

^[69] Processo n.º 2/2015， http://www.court.gov.mo/sentence/pt-bc30aa176cf97.pdf

^[70] Macau Commercial Code, Lodging contract art.811(1)(Nov.1, 1999)

^[71] Macau Commercial Code, Lodging contract art.799(Nov.1, 1999)

^[72] Macau Commercial Code, Lodging contract art.799(2)(a)(Nov.1, 1999)

^[73] Macau Commercial Code, Lodging contract art.800(2)(Nov.1, 1999)

^[74] Macau Commercial Code, Lodging contract art.799(2)(c)(Nov.1, 1999)

^[75] Macau Commercial Code, Lodging contract art.803(b)(Nov.1, 1999)

^[76] Macau Commercial Code, Lodging contract art.803(g)(Nov.1, 1999)

^[77] Macau Commercial Code, Lodging contract art.804(a)(Nov.1, 1999)

^[78] Macau Commercial Code, Lodging contract art.817(2)(Nov.1, 1999)

^[79] Macau Commercial Code, Lodging contract art.818(a)(Nov.1, 1999)

[80] Macau Commercial Code, Lodging contract art.806(a)(Nov.1, 1999)