On November 29, Ms. Chen from Hangzhou, Zhejiang, reported to Red Star News that when she and her colleagues checked into a hotel in Hainan, a hotel staff member swiped their card to enter the room, which frightened them. She believed that there were problems with the hotel's management and demanded that the hotel publicly apologize, deal with the employees involved, and pay about 20 times the room rate for a total of 6,000 yuan.
In response to this, the hotel said in an interview with reporters that the accidental entry into the guest's room was caused by a "lack of communication" between the front desk and the employees involved. They are currently actively communicating and handling the incident with the guest.
html On the evening of the 129th, a Red Star News reporter learned from Ms. Chen that after she met with Mr. Sun, the person in charge of the Hainan area of the hotel, the other party apologized very sincerely and said that the employees involved would be fired and paid the request on the spot. Compensation of 6,000 yuan. Ms. Chen and her colleagues expressed satisfaction with the handling.
The hotel where Ms. Chen stayed in Hainan
Not long after the two women checked into the hotel
The staff knocked on the door and swiped the card to enter.
Ms. Chen and her colleagues were on a business trip to Hainan this time. On November 28, they booked the All Seasons Hotel (Wenchang Railway Station Datan Road Branch). She told reporters that after checking in at 6:15 p.m. that day, she and her colleagues were watching TV in the room, "with the sound turned up louder."
At about 7 p.m., she heard a knock on the door, "two knocks. "Get off." She immediately asked who it was. She said she felt that the person outside the door hesitated for two seconds, and then a male staff member swiped the room card and walked in.
Ms. Chen said that they were shocked at the time and asked the staff why they entered the guest room at will. "He also apologized to us and said he didn't know there was anyone in the room. He said he came to fix it after seeing a group message saying the sewer was overflowing." Ms. Chen said that they did not call for any service or maintenance after checking in, and the staff rashly repaired it. Breaking in is an illegal entry and an invasion of personal privacy.
Check into the room
In order to protect her rights and interests, Ms. Chen called the police. She believes that this kind of thing happened due to the hotel's poor management and training. As a result, her privacy was violated and her personal safety was threatened. "Fortunately, we are fully dressed. What if we are taking a shower? And we are a man." ."
Ms. Chen has three demands. First, the hotel apologizes on its official platform; second, it requires the hotel to make rectifications and deal with the employees involved; third, it requires compensation of about 20 times the room rate, totaling 6,000 yuan.
Regarding this request, Ms. Chen said that the hotel kept saying that it wanted to "report it", and until she checked out the next day, she could not wait for the hotel's response.
The employee involved said it was work negligence
Hotel: The specific situation is pending official unified reply
html On the 129th, a Red Star News reporter contacted the employee involved, Mr. Yang, who is the deputy store manager of the hotel. He said that around 6 pm that day, he found that the sewer in the room was blocked during a ward round, and he wanted to clean it. He entered the room at around 7pm, and there was a time lag in between. "I don't think (guests) would have checked in so quickly." At the same time, because the room was soundproofed, he didn't hear a response from the room when he knocked on the door, so he swiped his card to open the room. door. After opening the door and seeing someone already checking in, "I was dumbfounded."Mr. Yang said that he admitted that entering the guest room privately was a very serious issue, and it was indeed caused by his negligence at work. "After knocking on the door, I didn't wait for a while."
He said he was "very panicked" when he saw a customer after opening the door, and immediately apologized to the customer. In order to apologize, he also told the guest that he would pay for the room that night, "but the guest was not happy and asked me to pay 6,000 yuan for mental damage." He said that he was also a migrant worker, raising two children at home, and 6,000 yuan. Yuan is not a small amount to him.
saw that the guest was very excited that night, so he thought about waiting for the guest to calm down before communicating. After that, he also communicated with the guest.
Regarding the above situation, Mr. Yang said that he also reported it to the police on the night of the 28th.
Mr. Yang sent a message to Ms. Chen requesting communication.
Later, the reporter contacted the hotel manager. Regarding the specific situation, the store manager said, "There are videos and screenshots of the situation at that time."
When the reporter asked to view the surveillance video, She did not agree and asked the reporter to leave her phone number. "The official will give a unified response to the specific situation." However, as of press time, no “official” call had been received.
Regarding Ms. Chen’s appeal, the store manager said that when communicating with Ms. Chen on the evening of the 28th, he said that because they are a franchise store, they cannot apologize officially in the hotel, but they can apologize in private. Since the employee involved is a manager, they will also report it and "give a heavy penalty." As for the financial compensation of 6,000 yuan, "(the employee is) new and has a family to support, and (the hotel) can only waive the room fee for two days."
reporter also contacted Mr. Sun, the person in charge of the hotel in Hainan. He said that they are currently actively communicating with Ms. Chen and have agreed to meet on the evening of the 29th. As for how to deal with it, "we will talk about it after the conversation."
The hotel involved
The lawyer said:
The hotel should be held responsible for failing to fulfill its safety protection obligations
Red Star News reporter learned that Ji Hotel is a mid-range brand under Huazhu Group, with nearly 2,000 hotels in operation nationwide. This is not the first time that the hotel has had similar problems. According to Securities Daily, in July 2021, when a female guest was checking into an All Seasons hotel in Shanghai, a naked man broke into the room in the early morning. In September of the same year, after a man checked into the All Seasons Hotel (Marina Plaza Branch) in Yantai, Shandong, another man swiped his card to enter the room and urinated in the bathroom.
So, did the hotel staff’s actions in this incident constitute infringement? Chen Fengfeng, senior partner and deputy director of Sichuan Yingji Law Firm, said that according to the relevant provisions of the Civil Code, general tort liability must meet four elements: the illegality of the act; the existence of the fact of damage; the illegal act and the fact of damage There is a causal relationship between them; the perpetrator has intentional or negligent faults subjectively.
Regarding this matter specifically, if the hotel staff knocks on the door according to normal procedures before entering the room to clean up the sewer overflow, and the privacy rights of the room guests are not leaked or violated by their entry, the hotel staff does not constitute an infringement. , otherwise it constitutes infringement.
If it constitutes an infringement, according to the provisions of the Civil Code, if the personal rights of a natural person are infringed and cause serious mental damage, the infringed person has the right to request compensation for mental damage. He believed that even if the hotel staff committed infringement, the guest's request for compensation of 6,000 yuan was not reasonable.
Lawyer Wang Rengen of Sichuan Fenyou Law Firm said in an interview with reporters that according to the Civil Code, operators and managers of hotels, shopping malls and other business places, public places, or organizers of mass activities fail to ensure safety If the duty of protection causes damage to others, the person shall bear tort liability. Moreover, when a guest checks in, a service contract relationship is formed with the hotel. The hotel should provide guests with a safe and quiet living environment without being intruded or disturbed by others.
Even if the staff just enters by mistake, it means that the hotel has indeed failed to fulfill its safety guarantee and effective management obligations. If this causes damage to the guests, it should bear tort liability or breach of contract liability. As for whether 20 times the room charge should be compensated, there is no clear legal basis. The amount of compensation is generally determined based on the consequences of the damage. It is recommended that both parties negotiate to resolve the matter. If the negotiation fails, litigation can be used to resolve the matter.
Latest developments:
On the evening of November 29, a Red Star News reporter learned from Ms. Chen that after meeting with Mr. Sun, the person in charge of the Hainan area of the hotel, the other party apologized very sincerely and said that the employees involved would be fired and The requested compensation of 6,000 yuan was paid on the spot. Ms. Chen and her colleagues expressed satisfaction with the handling.
Red Star News reporter Zhang Ling Pictures edited by interviewee
Yu Mange
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