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Loss or Damage of Goods in Parking Lots: Whose Responsibility Is It?

Adam Ilyas

Founder

19 Feb 2023 · 00:34 19 February 2023 00:34 WIB 6 minutes reading time: 6 minutes 8 read

Legal Literacy - Loss of goods in the parking lot? Whose responsibility is it? Have you ever, Legal Literacy Friends, read the sentence "all damages and loss of goods inside the vehicle are not the responsibility of the manage...

Loss or Damage of Goods in Parking Lots: Whose Responsibility Is It?

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Table of Contents

Relationship between Consumers and Business Actors
What is an Exoneration Clause?
Is an Exoneration Clause Permissible?
What is the Legal Force of an Agreement Containing an Exoneration Clause?
Does the Cancellation Have to Be Through the Court?
If a Helmet or Motorcycle is Lost in the Parking Lot, Who is Responsible?

Section 3/3: Does the Cancellation Have to Be Through the Court?

Does the Cancellation Have to Be Through the Court?

If an agreement does not meet the subjective requirements, the agreement can be canceled. In this case, one of the parties may request cancellation of the agreement. However, the agreement remains binding on both parties as long as it has not been canceled by a judge at the request of the party entitled to request cancellation, such as a party who is incompetent or who gives his consent involuntarily.

Meanwhile, if an agreement does not meet the objective requirements, the agreement is considered null and void. In this case, the agreement is considered to have never existed and no engagement is formed.

Therefore, an agreement containing an exoneration clause does not need to have a cancellation lawsuit filed to court, because the agreement is automatically considered to have never existed.

If a Helmet or Motorcycle is Lost in the Parking Lot, Who is Responsible?

Article 1694 of the Civil Code Civil Code states that a safekeeping service occurs when a person receives an item and agrees to store and return it in its original condition. According to Article 1706 of the Civil Code, parking safekeeping service providers are responsible for returning the deposited goods in their original or unchanged condition.

Based on the aforementioned regulation, parking lot operators are responsible for motor vehicles and their contents. Therefore, the loss of helmets or even motorcycles is the responsibility of the parking operator, and standard clauses and disclaimers stated on parking tickets cannot be used as a reason to release the parking operator from their responsibility.