If a person in the business of conducting transactions at a hotel, food and beverage establishment, bathhouse, or other such establishment at which it is intended for customers to gather (hereinafter referred to as an "establishment's proprietor" in this Section) receives goods under bailment from a customer, the establishment's proprietor is not entitled to be released from the liability to compensate the customer for loss or damage arising as a result of loss or damage to the bailed goods unless it proves that the loss or damage is due to force majeure.
旅館、飲食店、浴場その他の客の来集を目的とする場屋における取引をすることを業とする者(以下この節において「場屋営業者」という。)は、客から寄託を受けた物品の滅失又は損傷については、不可抗力によるものであったことを証明しなければ、損害賠償の責任を免れることができない。
An establishment's proprietor is liable to compensate for loss or damage if the goods that the customer has carried into an establishment are lost or damaged due to the proprietor's failure to exercise due care, even if these are goods that a customer has not bailed to it.
客が寄託していない物品であっても、場屋の中に携帯した物品が、場屋営業者が注意を怠ったことによって滅失し、又は損傷したときは、場屋営業者は、損害賠償の責任を負う。
An establishment's proprietor may not be released from the liability referred to in the preceding two paragraphs even if it indicates that it does not assume liability for goods that customers carry into the establishment.
establishment's proprietor
「場屋営業者」
A person whose business is dealing with customers at premises where customers gather, such as an inn, restaurant or bathhouse, and who is liable for loss of or damage to goods customers leave in their care unless they prove it was caused by force majeure.
Short name set inArticle 596, paragraph (1)· applies only in this section
damages
損害賠償
Compensation for loss one person has caused another. A debtor who does not perform an obligation as it should be performed, or cannot perform it, must compensate the creditor for the loss that results, unless the failure comes from a cause the debtor is not responsible for, judged by the contract or other source of the obligation and by accepted views in dealings (Civil Code, Article 415, paragraph (1)); and a person who, intentionally or negligently, infringes another's rights or legally protected interests must compensate for the loss that results (Article 709). It is paid in money unless otherwise agreed (Articles 417 and 722, paragraph (1)), and the parties to a contract may agree in advance the amount due if it is not performed; a sum fixed for breach (違約金) is presumed to be such an agreement (Article 420, paragraphs (1) and (3)). The Consumer Contract Act makes void the part of such an amount in a consumer contract, for its cancellation, with any penalty added, above the average loss the business would suffer from the cancellation of consumer contracts of that kind, measured separately for each category the clause sets, such as the reason for and time of cancellation (Consumer Contract Act, Article 9, paragraph (1), item (i)).
Written by AI using Civil Code, Arts. 415, 417, 420, 709, 722 and Consumer Contract Act, Art. 9 as a reference.