More often this question arises in relation to cafes, restaurants and other public catering organizations, which, in turn, have the right to establish rules of conduct in their own area that do not contradict the legislation of the Russian Federation, including prohibiting guests from wearing outer clothing (Section 5 of the Rules, approved by Decree of the Government of the Russian Federation No. 1036).
Who is responsible for the safety of guests
An organization that does not have a wardrobe, but has places specially designated for storing guests’ belongings, must take all measures to ensure the safety of things left without putting them in storage (clause Two, article 924, item One, article Eight hundred and ninety-one Civil Code of the Russian Federation )
Note. Regarding the question of whether hangers are recognized in cafes, restaurants, etc. by specially designated places for storage of things, the courts do not have one opinion (Appeal
The fact that the organization has places created for storing outerwear, hats, umbrellas and other similar things belonging to visitors is an offer. In other words, by equipping places for storing visitors’ belongings (for example, by installing hangers for outerwear in the dining room), the organization invites the visitor to use the service of free storage of their belongings for the time they receive services provided by the organization (for example, catering services in a restaurant). The visitor, leaving his things in the designated place (for example, outerwear on a hanger), accepts the proposed service (Section Three, Art. Four hundred thirty-eight Civil Code of the Russian Federation). From now on, the organization is responsible for the loss or damage to the visitor’s belongings left in the designated place.
If the visitor left the institution, and did not pick up his things from the space reserved for storage, then the organization is only liable for the loss or damage of its things if the organization has intent or gross negligence (Article Nine hundred and one of the Civil Code of the Russian Federation).
What is the procedure for damages to the visitor