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NEWSLETTER 2013
276
Expiration of Liability
The guest’s claims are forfeited if he fails to report any damage to the
operator immediately.
Leaving to the Operators of Places such as Garages and Parking
Areas
The operators of places such as garages and parking areas are liable
for the motor vehicles and objects deposited to them. However, if the
operator proves that such loss or damage is attributable to the bailor
himself or to force majeure or to the nature of the objects in question, he
will be relieved from liability. However, the liability may not exceed ten
times the daily bailment fee taken per each deposited item where no fault
can be ascribed to the operator or his staff.
The Operator’s Right of Lien
Operators have a right of lien on the animals and objects brought onto
their premises, garages, parking areas or similar places as security for
their claims in connection with their fees or accommodation and storage.
Conclusion
The bailment contract, which is defined as a contract in which the
bailee undertakes to keep a chattel entrusted to him by the bailor in a safe
place, is regulated between the Articles 561 and 580 TCO.
In accordance with Article 563 TCO, the bailee may not use the
deposited chattel without the permission of the bailor. He will be liable
in case he acts in violation of this prohibition. Moreover, the bailee is
obliged to return the chattel upon the request of the bailor even where a
fixed term was agreed for the bailment.
Pursuant to Article 572 TCO, a warehouse keeper has the same duty
of care in relation to stored goods as a commission agent.
The operators of places such as hotels, motels, pensions and holiday
camps are liable for the destruction, damage or misappropriation of
objects brought by the guests.