Who will take resposibility for motobike lost at the coffee shop?

Parking is a daily activity at restaurants, cafes, and internet cafes. So if a customer loses his motorbike at a restaurant, cafe, or internet cafe, who is responsible?

- Lawyer TRUONG VAN TUAN, Trang Saigon Law Office, answers: According to the provisions of Clause 1, Article 119 of the 2015 Civil Code, keeping customers' cars at restaurants, cafes, and shops The internet is a type of civil transaction that can be established verbally, in writing or by specific conduct.

 

 

 

 

 

In case a restaurant, coffee shop, or internet shop has a parking ticket or has a parking agreement in the above forms, it can be considered as entering into a parking contract as prescribed in Article 554 of the Civil Code. 2015, revised and supplemented in 2017.

Accordingly, the custodian receives the depositor's assets for preservation and returns the same assets to the depositor at the end of the contract term. The depositor must pay the custodian a fee, except in the case of free deposit. labour.

 

Regarding the obligations of the property holder, based on the provisions of Article 557 of the 2015 Civil Code, amended and supplemented in 2017, the property holder must preserve the property according to the agreement and return the property to the owner. The sending party is in the same condition as when it was received. In addition, the property holder must also compensate for any loss or damage of the deposited property, except in cases of force majeure.

 

Therefore, in case of loss of a motorbike, internet shops, cafes, and restaurants must compensate customers according to the value of the motorbike, unless due to force majeure events.

 

In case the shop does not have a notice about accepting parking for customers while they use the service, the internet shop, coffee shop, or restaurant is not responsible for compensating the customer if the motorbike is lost.

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