Due to the continuous heavy rainfall, the major streets in Manila became flooded. This compelled Cris to check-in at Square One Hotel. As soon as Crisgot off from his Toyota Altis, the Hotel’s parking attendant got the key of his car and gave him a valet parking customer’s claim stub. The attendant parked his car at the basement of the hotel. Early in the morning, Cris was informed by the hotel manager that his car was carnapped. (4%)
(A) What contract, if any, was perfected between Cris and the Hotel when Cris surrendered the key of his car to the Hotel’s parking attendant?
(B) What is the liability, if any, of the Hotel for the loss of Cris’ car?
Suggested answer only. Not an official answer and not legal advice.
(A) A contract of necessary deposit was perfected, and (B) the Hotel is liable for actual damages for the lost car. Under Articles 1962, 1998, and 1999 of the Civil Code, a necessary deposit of vehicles is perfected
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Quick check
Under Articles 1998 and 1999 of the Civil Code, what contract is perfected when a hotel guest surrenders car keys to a valet attendant?
Surrendering car keys to a hotel valet attendant perfects a contract of necessary deposit.
Under Article 2001 of the Civil Code, when does theft or carnapping exempt a hotelkeeper from liability for lost guest property?
Theft or carnapping exempts a hotelkeeper from liability only if committed with arms or irresistible force.
What is the legal effect of a disclaimer printed on a valet claim stub stating the hotel is not liable for vehicle loss?
Exculpatory stipulations waiving hotelkeeper liability for guest property are void as against public policy.
Why is Square One Hotel liable to Cris for the carnapping of his Toyota Altis from the basement parking?
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What degree of diligence is required of hotelkeepers in caring for vehicles deposited by checked-in guests?
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Learn more about these topics
1. Necessary Deposit Rules
Under Articles 1962, 1998, and 1999 of the Civil Code, a necessary deposit is constituted when a guest surrenders control and possession of personal effects, including motor vehicles, to a hotelkeeper or authorized hotel employees. The hotelkeeper's responsibility begins from the moment the vehicle is delivered to the hotel's valet parking attendant. The relationship creates a statutory obligation on the part of the hotel to exercise due diligence in safely keeping and returning the deposited vehicle to the guest upon presentation of the claim stub.
2. Hotelkeeper Liability Scope
Under Article 2001 of the Civil Code, the loss of deposited property through theft or carnapping does not automatically exempt the hotelkeeper from civil liability. To escape liability, the loss must result from a fortuitous event involving force majeure, such as theft committed with arms or irresistible force. Unless armed robbery or overwhelming physical force is proven, the hotel is presumed negligent and remains fully liable for the value of the lost motor vehicle, regardless of any exculpatory notice printed on the parking stub.
3. Valet Service Nature
Valet parking services provided by hotels to checked-in guests are not simple lease of parking spaces, but form an integral part of the hotel's necessary deposit contract. By accepting the vehicle keys and issuing a valet claim stub, the hotel assumes custody and control of the car. Any contract stipulation or posted disclaimer attempting to diminish or waive the hotelkeeper's statutory liability for loss of or damage to guests' vehicles is void for being contrary to law and public policy.