In April this year, Ms. Xu in Nanjing forgot her LV shoulder bag in a restaurant after having dinner. Ms. Xu asked the store to keep it temporarily. As a result, when she took the bag four months later, she was told that the bag was thrown away as garbage.
Wan Yuan Backpack Left Hotel
After April, pick up the bag and its gone.
In April this year, Ms. Xu left her 10,000 yuan worth of LV backpack at her Korean cuisine dinner. When she found out that she could not turn around on the highway, she called the front desk of the hotel and the staff agreed to help keep it.
Ms. Xu said that she was just pregnant and was ill in bed at home, delaying her bag. When contacting the hotel in June, the staff confirmed that the backpack was still in storage. I went to the hotel in August to pick up my bag and was told that it had been thrown away.
Ms. Xu has communicated with the store many times, and the other side refused compensation on the grounds that there was no purchase invoice.
Shop response: customers are delayed
The backpack was thrown away as rubbish.
The staff in charge of keeping the lost items said that the items would be cleaned up every other time. Ms. Xu did not come to pick up her bag for more than four months, nor did she leave her telephone number. The backpack was thrown away as garbage.
Lawyer: The custody agreement has been confirmed when the two sides communicate.
Lawyers said that the store itself did not have the obligation to take care of the customers property, but the two sides in the subsequent communication to determine the custody agreement, the store has custody obligations.
Liang Yi, a lawyer at Beijing Dacheng (Nanjing) Law Firm, said: When the custody contract is valid, the shopkeeper is obliged to keep it for the customers all the time. Unless there is a clause in the contract, the owner may take care of it if he does not come to pick up the store for a long time. The duty of the shopkeeper can only be exempted if the other party confirms it clearly.
After coordination, the store staff said that it was wrong to throw the backpack away without consulting customers, and they were willing to negotiate compensation. Ms. Xu then sent the photo of the purchase record to the store.
Payment or loss?
Lawyers say it depends on the value of the goods and the responsibilities of both parties.
Lawyer Liang believes that if the knapsack is lost in the shop, it should be returned to the restored goods or discounted compensation according to the perspective of civil liability. In this case, the shopkeeper is liable for losing the bag at will, and the party concerned should also be liable for not picking up the bag in time. When coordinating compensation, the two parties shall, after clearing the value of the lost items, apportion the losses according to the size of their liabilities.
From the legal point of view, the shopkeeper has no responsibility and obligation to take care of the lost goods for customers. If the shopkeeper is willing to help the customer keep the lost goods, whether paid or unpaid, within the time limit agreed by both parties, the shopkeeper shall bear certain losses.
Source: Jiangsu News Responsible Editor: Luo Chongwei_NB12082