LAW OF OBLIGATION ACT, PART 8, CHAPTER 45, DIVISION 3

Division 3

Deposit of Thing in Accommodation Establishments 

  • 911. Liability of keeper of accommodation establishment

(1) A person (the keeper of an accommodation establishment) who is in the business of accommodating other persons (guests) shall compensate guests for any damage arising from the loss of, damage to or destruction of things brought into the premises of the accommodation establishment and for any damage arising from the death of or bodily injury or physical harm to a guest which is caused by the defects of the structure, the land under the structure or the equipment or constructions of the accommodation establishment.

(2) The following things are deemed to have been brought into an accommodation establishment:

1) things which are in the accommodation establishment or are in a place outside the accommodation establishment recommended by the keeper of the accommodation establishment or are in a place generally intended therefor or are otherwise taken into custody by the keeper of the accommodation establishment at the time when the premises used for accommodation are being used by the guest;

2) things which are taken into custody by the keeper of the accommodation establishment within a reasonable period of time before or after the time when the premises are used by the guest.

(3) Persons who according to the circumstances could be presumed by guests to be employees of the keeper of an accommodation establishment are also deemed to be persons for whom the keeper of the accommodation establishment is liable.

(4) The provisions of this Division also apply to the deposit of things in sanatoriums, places of public entertainment, ships, swimming pools, boarding houses, restaurants and other similar places.

  • 912. Restrictions on liability

(1) The keeper of an accommodation establishment shall not be liable for damage arising from damage to, destruction of or loss of a thing, regardless of the legal basis of the claim, if the damage is caused by:

1) the guest or a person accompanying or visiting the guest or a person for whom the guest is responsible;

2) the special nature of the things;

3) force majeure.

(2) The keeper of an accommodation establishment shall not be liable pursuant to subsection 911 (1) of this Act for damage caused to the vehicle of a guest, things left in a vehicle and live animals of a guest, unless the keeper of the accommodation establishment has taken the vehicle or animal into the custody thereof in a manner from which it can be presumed that the intention of the keeper of the accommodation establishment to be liable for any damage caused to the vehicle or animal.

  • 913. Extent of liability of keeper of accommodation establishment

(1) The keeper of an accommodation establishment shall be liable for each guest in an amount of up to one hundred times the cost of accommodation for one day, but not exceeding 6400 euros or, in the case of loss of, damage to or destruction of money, securities or valuables, not exceeding 3196 euros.

[RT I 2010, 22, 108 – entry into force 01.01.2011]

(2) The limitations on liability specified in subsection (1) of this section do not apply if things are lost, damaged or destroyed due to the fault of the keeper of an accommodation establishment. Neither do the limitations on liability specified in subsection (1) of this section apply if damage is caused to things which are taken into custody by the keeper of an accommodation establishment or if the keeper of an accommodation establishment has unjustifiably refused to take these things into custody.

(3) The keeper of an accommodation establishment is required to take the money, securities and valuables of guests into custody unless they are excessively valuable taking into consideration the size or category of the accommodation establishment or if their deposit would be too burdensome on the keeper of the accommodation establishment. The keeper of the accommodation establishment may demand that money, securities and valuables be handed over in a closed or sealed container.

  • 914. Expiry of right to claim compensation for damage

The right to demand compensation for damage which belongs to a guest pursuant to § 911 of this Act terminates if the guest fails to notify the keeper of the accommodation establishment of the loss or destruction of or damage to a thing promptly after becoming aware thereof. The right to demand compensation for damage does not terminate if the thing was taken into custody by the keeper of the accommodation establishment or if the loss or destruction of or damage to the thing is caused through the fault of the keeper of the accommodation establishment.

  • 915. Right of security of keeper of accommodation establishment

The keeper of an accommodation establishment has the right of security regarding things brought into the premises by guests. The claims of the keeper of the accommodation establishment arising from the accommodation and services provided to guests and from other expenses related to the stay of guests in the accommodation establishment shall be secured by the right of security. The provisions concerning the right of security of lessors in the case of lease contracts apply correspondingly.

  • 916. Mandatory nature of provisions

Any agreement which precludes or limits the liability of the keeper of an accommodation establishment in respect of a guest as compared to the provisions of this Division is void.