According to Commercial and Civil Laws, under the section of property deposit laws, there's a special provision tailored for hotels. When a guest contacts a hotel to reserve a room, it creates a service contract for accommodation. Additionally, the law treats it as an implied "contract of deposit" by the guest. Here's what the hotel's liability entails:
1.Strict Liability for Property Loss: If a guest's property goes missing within the hotel premises, the hotel is strictly liable, regardless of whether it was inside the building or within hotel-managed areas like parking lots, pool areas, or gym facilities.
2.Safety Responsibility: The hotel remains liable for the safety of guests' property, even if the loss results from external factors. However, the hotel's liability is limited to 5,000 baht unless the guest explicitly informs and clarifies the value to the hotel.
3.Excluded Services Liability: In any case, where guests use hotel facilities such as restaurants, spa, fitness centers and car park, the hotel isn't liable for any losses since these services are short-term and don't constitute overnight stays.
It's crucial for guests to immediately inform the hotel about any property loss; otherwise, the hotel absolves itself of any responsibility. Furthermore, property loss
shouldn't result from force majeure events, the property's condition, or the guest's negligence, such as leaving the room unlocked.
Regarding liability waiver signs stating "Hotel’s Not Liable for Any Loss," if guests agree to these terms by signing or acknowledging them explicitly, they're binded. However, if guests merely read and acknowledge the message, it doesn't constitute a legally binding agreement. Therefore, travelers should exercise caution when signing various hotel documents.
Finally, if a hotel refuses to compensate for property loss, guests must file a compensation claim within six months from their departure date. Otherwise, the claim becomes invalid, as civil compensation claims differ from criminal complaints.
Credit : https://www.bangkokbiznews.com/lifestyle/860814
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