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LAW OF OBLIGATIONS
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Warehouse Keeper’s Duty of Safe-keeping
In compliance with article 572 of the TCO, a warehouse keeper has
the same duty of care in relation to stored goods as a commission agent.
The warehouse keeper is obliged to grant permission to the bailor for the
investigation of the condition of the goods and take test samples.
Warehouse Keeper’s Rights and Obligations
The warehouse keeper may request the customary warehouse fee and
reimbursement of all expenses not resulting from the actual storage of the
goods such as maintenance expenses, freight charges and customs duties.
These expenses must be reimbursed immediately, whereas the
warehouse fee is payable in arrears quarterly and in any event whenever
the goods are reclaimed. The warehouse keeper has a right of lien on
these goods for his claims.
The warehouse keeper is obliged to give the commercial goods back
as with a general contract of bailment.
Leaving to the Operator of Inn
In General
The operator of places such as hotels, motels, pensions and holiday
camps are liable for the destruction, damage or misappropriation of the
objects brought by the guests. However, if the operators prove that such
loss or damage is attributable to the guest himself or to force majeure or
to the nature of the objects in question, they will be relieved from liability.
However, the liability is subject to an upper limit of three times
of accommodation fee per guest where no fault can be ascribed to the
operator or his staff.
Negotiable Instruments
If valuable objects or money in a relatively important amount or
negotiable instruments have not been left for the purpose of keeping, the
operator shall only be liable in case he or his staff is at fault for their loss,
theft or damage.
The operator shall be liable for the whole value of the object if he
took them for keeping.