Hotel Parking Notice Involves Unfair Terms
Recently, when Wulingyuan industrial and commercial law enforcement officers inspected a hotel in Forest Park, Wulingyuan District, Zhangjiajie City, they found a store sign on the front desk of the first floor of the hotel, which read "Free parking, be safe" and other contents. This notice states that the hotel only provides parking spaces and does not undertake custody services. If any dispute occurs, the hotel will not be held responsible. Industrial and commercial law enforcement officers believe that this statement is suspected of "overlord clauses".
In the course of business operations, the hotel took advantage of the standard clauses of the contract that were not negotiated with consumers in the store notices to unilaterally exempt the hotel from liability for property losses due to intentional or gross negligence in causing free parking for passengers. This behavior violated the Contract Law of the People's Republic of China and the Law of the People's Republic of China on the Protection of Consumer Rights and Interests, Article 18 (2), which states that "Operators of hotels, shopping malls, restaurants, banks, airports, stations, ports, theaters and other business premises shall fulfill their safety and security obligations to consumers."
Industry and Commerce Order Rectification and Fines
The industrial and commercial department made corresponding regulations in accordance with laws and regulations, ordered the parties to correct their illegal acts, and imposed a fine of 2,000 yuan.