New Delhi: In an order Supreme Court said that hotel cannot take the cover of ‘owner’s risk’ clause on parking tokens to deny compensation to its guests for theft or damage to their vehicles once keys are handed over to the valet.
The court said that valet parking is different from the common parking facility, where it will be the responsibility of the hotel to give the vehicle back if it shows a suitable place to park the vehicle, correct parking and slip.
According to the information received, once the vehicle is handed over to the hotel staff or valet, it is his duty to return it to the owner in safe and proper condition. A bench of Justices MM Shantanagoudar and Justice Ajay Rastogi said that hotels cannot be spared responsibility due to staff negligence. The court has issued this order in the issue of a recent incident.
In the same sources, in fact, a person parked a car through a valet in a five-star hotel. On coming back, he came to know that the car had gone with someone else. The security personnel of the hotel told him that his car had been taken by three boys, who had come in another car. The vehicle insurer paid the insurance amount to the victim, but the hotel refused to pay compensation. The hotel showed the coupon citing the condition of 'Parking at Honor Risk' (parking at owner's risk). The bench said, the issue of liability of hotel owners for loss or damage to their guest's belongings has been a matter of judicial consideration for a long time, but such a case has been seen by the court for the first time.
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