Pregledni rad
Hotel-Keeper's Liability for Damage due to the Breach of Hotel-Keeper's Contract
Oliver Radolović
; Odjel za ekonomiju i turizam Sveučilišta u Puli
Sažetak
The article presents implications of new legal solutions in the Croatian and comparative Law of Compensation with respect to hotel-keeper’s contractual liability for proprietary and non-proprietary damage caused to a guest based upon the hotel-keeper’s contract. In the first part of the article the autor gives analysis of Croatian and comparative law currently in force governing the contractual liability for damages, while in the second part he discusses hotel-keeper’s liability for damages suffered by a guest based upon the hotel-keeper’s contract presenting the Croatian and comparatives legal solutions. The institute of contractual liability for non-proprietary damage caused to a guest has been introduced in Croatia by the Article 346, paragraph 1 of the Civil Obligations Act 2005. Regardless of the different form of recognition of non-proprietary interest under the hotel-keeper’s contract (such interest is recognised in France and Italy by more extensive interpretation of existing norms in civil codes, in Germany by adoption of specific laws and implication of norms summarizing the BGB, in the UK and the US by numerous common law precedents and special statutory laws and in the EU and international law by adopting conventions, acknowledging special principles and delivering court decisions), according to current comparative legal solutions a hotel-keeper is liable to a gues for proprietary as well as for non-proprietary damage. The most common reasons for compensation for client’s suffering of non-proprietary damage based upon the hotel-keeper’s contract, in all systems, are: 1) ruined vacation, 2) failure to achieve tourism objectives, 3) discomfort, disappointment, stress and tensions and 4) physical pain, mental anguish and trauma.
Ključne riječi
contractual liability; proprietary and non-proprietary damage; hotel-keeper’s contract; hotel-keeper’s liability; comparative law
Hrčak ID:
52656
URI
Datum izdavanja:
14.12.2009.
Posjeta: 8.009 *