Treatment of lost objects in hotel establishments

This article will deal with the usual situation that occurs in hotel establishments where objects are lost or forgotten, and found, and above all, the way to act from a legal point of view when customers forget a personal object, and the obligations and rights of hoteliers with respect to them. In this way, it is not acceptable to immediately deliver them as waste or garbage, but the current civil regulations establish a series of procedures and deadlines that must be observed, and which are regulated in our Civil Code, and more specifically in Article 615, although, we also refer, as a complement, and as an example, to the municipal legislation of Madrid, and more specifically its Regulations for the deposit, custody and return of lost objects in the City of Madrid dated July 30, 2014. Thus, indicate that the finder of a lost object must follow the following behavioral guidelines, since first of all, he must bring it to the attention of its owner, if he were known.The regulations do not establish a specific period to lead to I carry out this diligence, so private entities usually establish their own action protocols, and it is the practice of the sector to set a period of 2 months in their custody, although it may be reduced or extended. After this period, if the owner does not pick it up, it will be sent to the Lost Objects Office. If the owner is not known, the object must be returned immediately in the possession of the Mayor of the town where the finding was verified. As of today, this figure, as we have advanced, would be assimilated to the Lost and Found office of the City Council of each location. In this way, the Lost and Found Office will record, inventory and publish the objects delivered, although not all objects are admitted, since they are excluded, those that are unhealthy, harmful, dangerous or perishable, such as food, as well as chemicals, medicines, or those containing any living organism or organic matter. Those who, due to their degree of deterioration, make their custody impossible, or if the deterioration has caused them to lose their unit as a thing; nor will those who are in illegal commercial traffic or in judicial or police custody. Neither can vehicles, and objects whose dimensions prevent them from being kept under proper conditions.If the movable objects cannot be preserved, without deterioration or without incurring expenses that significantly decrease their value, they will be sold at public auction after eight days have passed since the second (second consecutive Sunday, as established by the Civil Code) announcement without the owner showing up, and their price will be deposited. After two years, counting from the day of the second publication, without the owner having presented himself, the thing found, or its value, to whoever would have found it. (Both the owner and the owner will be obliged, each in their case, to meet the costs of custody) .The established procedure will involve the delivery, to those who deposit assets in the Lost Objects Office, of a receipt stating the date of entry into the office, date and place of the discovery and description of the object delivered and they will be informed of their expectation of right to ownership of the property found. If you express your interest in acquiring ownership of the found object, your personal data will be requested for notification purposes later. At the time of delivery, the person finding may also express their waiver of their expectation of ownership of the object. Also, with regard to cash, we must indicate that after a maximum period of three months from its delivery to the Lost and Found Office, it will be credited to the City Council account authorized for this purpose, until it is returned to the owner or finder, if any. If they are foreign currencies, their value will be entered in euros. The return would be made for the same amount in euros. After a period of two years has elapsed without the owner having collected it, the finder will be notified, if any, of his status as owner of the found object, giving him a period of one month from the day following the notification to make its collection effective. If the notification could not have been carried out for reasons beyond the control of the Administration, it will be notified by means of an announcement in the Official Gazette of the Community of Madrid and in the Municipal Board of Edicts, giving you a period of one month for the removal of the object. If the finder does not pick up the object within the established deadline, it will be understood that his right has been diminished, and the object becomes municipal property. When it comes to cash, it will be deposited in the Municipal Treasury.

José Luis Valencia (T&l Attorney)

Article published in the January edition From the monthly newspaper CEHAT