RIFLESSIONI MINIME IN TEMA DI RESPONSABILITÀ DELL’ALBERGATORE

Abstract

Minimum reflections on the responsibility of the hotel owners. – The two forms of liability of the hotelier, object of these brief considerations, integrate a special discipline with respect to the bailment contract, because of the conditions, the factual circumstances and the extent of the damage that the hotelier is liable for in case of damage to the hotel guest. The peculiarity of this liability regime emerges clearly in the legal limitation of the damage – the entity of which is determined by reference to the rental price of the accommodation –, in the typical causes of exemption from liability – such as that regarding the damage caused by guest’s deeds –, and in the function of the criminal complaint of the damage filed by the guest. The special discipline also extends to different cases, which present an identity of ratio with that of the hotelier.