pdf (565 KB)
pdf (565 KB)
pdf (565 KB)
Create successful ePaper yourself
Turn your PDF publications into a flip-book with our unique Google optimized e-Paper software.
1079<br />
O. RADOLOVIĆ, Odgovornost ugostitelja za štetu zbog povrede obveza...<br />
Zb. Prav. fak. Sveuč. Rij. (1991) v. 30, br. 2, 1034-1080 (2009)<br />
Summary<br />
HOTEL-KEEPER’S LIABILITY FOR DAMAGE<br />
DUE TO THE BREACH OF HOTEL-KEEPER’S CONTRACT<br />
The article presents implications of new legal solutions in the Croatian and<br />
comparative Law of Compensation with respect to hotel-keeper’s contractual<br />
liability for proprietary and non-proprietary damage caused to a guest based upon<br />
the hotel-keeper’s contract. In the first part of the article the autor gives analysis of<br />
Croatian and comparative law currently in force governing the contractual liability for<br />
damages, while in the second part he discusses hotel-keeper’s liability for damages<br />
suffered by a guest based upon the hotel-keeper’s contract presenting the Croatian<br />
and comparatives legal solutions. The institute of contractual liability for nonproprietary<br />
damage caused to a guest has been introduced in Croatia by the Article<br />
346, paragraph 1 of the Civil Obligations Act 2005. Regardless of the different form<br />
of recognition of non-proprietary interest under the hotel-keeper’s contract (such<br />
interest is recognised in France and Italy by more extensive interpretation of existing<br />
norms in civil codes, in Germany by adoption of specific laws and implication of<br />
norms summarizing the BGB, in the UK and the US by numerous common law<br />
precedents and special statutory laws and in the EU and international law by adopting<br />
conventions, acknowledging special principles and delivering court decisions),<br />
according to current comparative legal solutions a hotel-keeper is liable to a gues<br />
for proprietary as well as for non-proprietary damage. The most common reasons for<br />
compensation for client’s suffering of non-proprietary damage based upon the hotelkeeper’s<br />
contract, in all systems, are: 1) ruined vacation, 2) failure to achieve tourism<br />
objectives, 3) discomfort, disappointment, stress and tensions and 4) physical pain,<br />
mental anguish and trauma.<br />
Keywords: contractual liability, proprietary and non-proprietary damage,<br />
hotel-keeper’s contract, hotel-keeper’s liability, comparative law.