Hoteliers have an obligation to protect their customers, pursuant to Articles 1175 and 1375 of the Italian Civil Code, having to guarantee the hygiene, health, surveillance and safety of the hotel in accordance with the regulations in force.
In the event of damage suffered by customers in the hotel, the hoteliers will respond pursuant to art. 2051 of the Italian Civil Code, unless they prove the fortuitous event that is when the damage derives from an unforeseeable and inevitable event, due to the guilty conduct of a third party or the injured party.
The compensatory damages may concern:
- Physical damage (for example, the Italian Supreme Court, in its judgment n.24739 of 2007, held the hotel responsible for damages suffered by a customer due to a fall in the bathtub without support devices, such as handles and non-slip mats ).
-Damage or theft of things brought to the hotel
-Damage from ruined vacation
The right to compensation for damage for physical damage or property damage suffered in the hotel expires in 5 years from the day the event occurred pursuant to Article 2947 of the Italian Civil Code.
Compensation for damage from a ruined holiday is provided for by art. 46 of the Italian Tourism Code (Legislative Decree 79/2011) and it is up to the tourist in the event of non-fulfillment and errors of no small importance in the performance of the services covered by the purchased tourist package. The damage is related to the unnecessarily spent vacation time and the unrepeatability of the missed opportunity. It consists of the pecuniary damage corresponding to the reimbursement or reduction of the price of the service purchased and the moral damage caused by the emotional stress and disappointment deriving from the disservice. Compensation for damage in this case is generally prescribed in 1 year from the day the tourist returns home, extended to 3 years for personal injury (for example accidents). If, on the other hand, the damage is due to air transport, the limitation period is 2 years.
In any case, it is advisable to report the damage immediately to the transport carrier or the hotelier by registered letter with return receipt or certified e-mail and to keep all payment receipts for expenses incurred due to the accident and / or disservice suffered for the purpose of proof of the sum to be requested as compensation.
Avv. Lifang Dong and Avv. Chiara Civitelli
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