Free Vehicle Storage: Is Compensation Required in Case of Loss?
Is compensation required when a free vehicle parking service loses a vehicle?
Article 554 of the 2015 Civil Code provides regulations on the contract for the safekeeping of assets as follows:
A contract for the safekeeping of assets is an agreement between the parties, whereby the custodian receives the asset from the depositor to preserve and return the same asset to the depositor when the contract term ends, and the depositor must pay the custodian a fee, except where the safekeeping is without charge.
Article 557 of the 2015 Civil Code specifies the obligations of the asset custodian as follows:
Preserve the asset according to the agreement and return it to the depositor in the same condition as when received.
The method of preserving the asset may only be changed if the alteration is necessary to better preserve the asset, but prompt notice of any changes must be given to the depositor.
Promptly notify the depositor of any risk of damage or destruction of the asset due to its nature and request instructions from the depositor within a specific period; if the depositor does not respond within that period, the custodian has the right to take necessary measures to preserve the asset and request the depositor to pay the costs.
Compensate for any damages if the asset is lost or damaged while under safekeeping, except in cases of force majeure.
Based on current regulations, when you offer a free vehicle parking service and the vehicle is lost, you must still provide compensation.
How is the fee calculated if there is no agreement on the parking fee?
Article 561 of the 2015 Civil Code provides regulations on the payment of fees as follows:
The depositor must pay the full fee when reclaiming the deposited asset, unless agreed otherwise.
If the parties do not agree on a fee, the average fee at the location and time of payment shall be applied.
If the depositor reclaims the asset before the agreed term, they must still pay the full fee and reimburse any necessary costs incurred by the custodian due to the early return of the asset, unless agreed otherwise.
If the custodian requests the depositor to collect the asset before the agreed term, the custodian shall not receive the fee and must compensate the depositor for any damages, unless agreed otherwise.
** If there is no agreement on the parking fee, the average fee at the location and time of payment shall be applied.**
Respectfully!
