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顾客车辆被损饭店应否承担赔偿责任?石家庄市新华区何卫平问:近日他和几个朋友在一家饭店就餐,将汽车停在饭店保安指定的停车场,就餐后发现车左侧被划一条长痕,油漆脱落,对此饭店应否承担赔偿责任?河北九歌律师事务所张玉柱律师答复:何先生在就餐的同时,与饭店形成了消费服务合同关系,饭店为顾客安排停车场所,保护顾客的车辆安全也是双方服务合同内容的一部分。虽然看管保护车辆这一服务对顾客是免费的,但其费用实际上纳入了饭店经营成本,是经营者提供的综合服务设施和服务环境的一部分。根据《消费者权益保护法》第七条、第十一条、第三十五条的规定,何先生作为消费者在接受停车就餐服务时,依法享有人身、财产安全不受损害的权利;当合法权益受到侵害时,依法享有向服务者要求赔偿的权利。
He Weiping, Shijiazhuang Xinhua District, Q: Recently he and a few friends in a hotel dining, the car parked in the hotel security designated parking lot, after dinner, found the car was zoned a long Marks, paint off, the hotel should bear the liability for compensation? Hebei Jiu Ge Law Firm Zhang Yuzhu lawyer Reply: Mr. Ho at the same time, He formed a consumer service contract with the hotel, the hotel to arrange parking for customers to protect customers Vehicle safety is also part of the service contract between the two parties. Although custodial vehicle protection is a service that is free for customers, the costs actually cover the cost of operating the hotel as part of a comprehensive service facility and service environment provided by the operator. According to the provisions of Article 7, Article 11 and Article 35 of the Consumer Protection Law, Mr. He, as a consumer when he accepts parking and catering services, has the right to personal safety and property safety without damage under the law; When lawful rights and interests are infringed, they shall have the right to seek compensation from the service providers according to law.