Afterwards, the woman was very angry. She thought her private parts were seen by the waiter. She first claimed 50,000 yuan in cash from the foot bath shop, and then claimed 26,800 yuan for free tickets, but both were rejected by the foot bath shop.
Is the woman's request reasonable? In fact, the club really has an unshirkable responsibility for this incident. Women usually wear revealing clothes when doing SPA projects. The physical therapy club will let the waitress go in to deliver water, which can avoid this result. Or the waiter should not enter the room before entering the room without a clear answer from the customer.
However, when this club serves customers, there are indeed many places that have not been considered in place. The waiter inside is basically the same as the waiter in this case. As long as the customer does not explicitly refuse the service and the door is unlocked, they will acquiesce that the customer allows the waiter to enter.
Ms. Shi was naked and accidentally seen by the waiter. She can ask the club to compensate her for the loss. Because Ms. Shi's right to privacy has been violated, Article 1033 of China's Civil Code stipulates that no organization or individual may commit the following acts unless otherwise stipulated by law or expressly agreed by the obligee: 2. Entering, photographing or peeping into other people's private spaces such as houses and hotel rooms.
When Ms. Shi received the spa service, her private room was actually a private space. So the waiter entered this space without her explicit consent, which has violated her privacy. However, Ms. Shi asked the club to pay a coupon of 50,000 yuan or 26,800 yuan, which is really a "lion's mouth".
From the monitoring point of view, when the waiter found her naked, she quickly came out in less than 3 seconds, indicating that the waiter didn't mean to disturb her. Moreover, her claim for compensation for money has no legal support.
Article 8 of the judicial interpretation of compensation for mental damage in the Supreme People's Court, China: If the infringement has caused mental damage to people, but it has not caused serious consequences, the victim's request for compensation for mental damage is generally not supported, and the people's court may order the infringer to stop the infringement, restore his reputation, eliminate the influence and apologize according to the circumstances. Generally, compensation for mental damage can only be made if the incident causes serious consequences. Like this case, Ms. Shi was only looked at, and did not cause serious mental damage or suffer from serious mental illness. It is impossible to ask the club for spiritual compensation.
And there are two kinds of compensation for mental damage: serious mental damage and general mental damage. Privacy disclosure and other incidents are general mental damages, and the compensation amount in solatium generally ranges from 2,000 yuan to 8,000 yuan (the specific amount may also be affected by the local economic level). If Ms. Shi goes to court with the club, the final result may be that the club and the waiter apologize to her.
The woman's request is unreasonable. In fact, such an incident happened on the one hand because there are loopholes in the club service, and on the other hand, it is also related to Ms. Shi herself. She should have the most basic awareness of prevention in unfamiliar situations, and the door must be locked. Due to the messy staff in the clubhouse, even if all special security measures are taken, there is no way to completely guard against it.
Fortunately, the incident was just that the waiter accidentally entered the room. If a malicious waiter or customer uses Ms. Shi's habit of not closing the door to invade her, the consequences may be more than a glimpse. Be sure to be responsible for yourself, and don't take it lightly.