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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.

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