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Should the property be responsible for being hit by parking in the garage?
If the owner and the property management company not only signed a property management service contract, but also signed a special vehicle storage agreement or similar agreement, or paid the vehicle storage fee separately or explicitly in the property management fee (indicated in the invoice or by other means), it can be concluded that the two parties have formed a vehicle storage relationship, so according to the provisions of the storage contract, the property management company will bear most or even all of the losses caused by vehicle theft; If the contract stipulates that the property only provides parking lot lease and does not undertake the obligation to keep the vehicle, the nature of the charge is parking lot lease fee, and the property does not have to bear the liability for compensation for the vehicle being scratched; If the property company publicizes that the fee charged for providing parking spaces is parking space rental fee, the owner's vehicle is damaged by others, and the property has no major fault, the property will not be compensated. If the owner pays the parking space rental fee and the storage fee at the same time, it is deemed that the storage contract between the two parties is established. In the event of an accident, the property should be compensated; If there is no contract agreement or the agreement is not clear, if there is no agreement between the two parties, it shall be considered in combination with other circumstances. First of all, it depends on the stipulations of the responsibilities and obligations of property services in the property service contract between the two parties, such as whether the property service company should install surveillance cameras, whether public places should be monitored, whether regular patrols should be conducted, whether adequate lighting and lighting should be provided, whether a certain counting and registration system should be carried out for foreign strangers to visit, and whether visitors' information should be verified. The realty service enterprise has fulfilled its realty management obligations in strict accordance with the stipulations of the realty service contract, but it still cannot avoid causing property damage to the owner. The realty service enterprise does not need to bear the responsibility for the owner's damage, and the owner directly claims compensation from the infringer or bears the responsibility by himself. Legal Basis Article 35 A realty service enterprise shall provide corresponding services in accordance with the stipulations of the realty service contract. The realty service enterprise fails to perform the realty service contract, causing personal and property safety damage to the owner, and shall bear corresponding legal responsibilities according to law.
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