Preliminary communication
Contractual liability of the guest for damage in direct hotel-keeper's contract
Oliver Radolović
Abstract
The article analyzes recent tendencies in the Croatian and comparative laws according to which the contractual liability of the guest for proprietary and non-proprietary hotel-keeper’s damage is acknowledged. Through analysis of the same institute in Croatian and comparative law it is demonstrated that contractual liability of the guest, in addition to specific duties from various legal systems, determines the breach of the two main obligations of the guest: payment the price of the services and behavior in the hotel premises in accordance with the same purpose. Contractual liability of the guest for proprietary and non-proprietary damage reinforces the contractual hotel-keeper’s position and reputation, as well as the protection of his property. Guest will be liable for hotel-keeper’s proprietary damage, which includes all the regular damages and lost hotel-keeper’s profit. The most common causes of contractual liabilities of the guest for non-proprietary hotelkeeper’s damage are: 1) injury of the hotelkeeper’s reputation and 2) various types of hotelkeeper’s anxiety, dissatisfaction or discomfort.
Keywords
contractual liability; proprietary and non-proprietary damage; direct hotel-keeper's contract; guest’s liability; comparative law
Hrčak ID:
51409
URI
Publication date:
1.4.2010.
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