Short answer. Generally, no. Article 2002 of the Civil Code excuses a hotel-keeper from liability if the loss arises from the character of the things brought into the hotel — and perishable goods spoiling is exactly the kind of loss that comes from the nature of the item itself, not from anything the hotel did.

What the law says

The hotel-keeper is not liable for compensation if the loss is due to the acts of the guest, his family, servants or visitors, or if the loss arises from the character of the things brought into the hotel.

Civil Code, Article 2002 — When the Hotel-Keeper Is Not Liable. Read the full provision →

Loss from the item's own character is excused

Article 2002 provides that the hotel-keeper is not liable for compensation if the loss arises from the character of the things brought into the hotel. Perishable goods spoiling is a loss that flows directly from what the goods are — food and similar items decay over time by their own nature, regardless of how the hotel stored or handled the room they were kept in, and that is exactly the kind of loss this clause addresses. Once the loss is traced to the goods' own nature, the article does not make the hotel answer for it.

The other excused cause, for comparison

The same article also excuses the hotel-keeper where the loss is due to the acts of the guest, his family, servants or visitors. This is a different basis from the character-of-the-item exclusion — it is about who caused the loss, rather than what caused it. Both grounds share the same effect: they remove liability that would otherwise fall on the hotel under the broader responsibility described elsewhere in the same set of articles.

Why the character-of-the-goods exception exists

The hotel's general responsibility for a guest's belongings is built around loss caused by people connected to the hotel — servants, employees, or strangers acting within it. Spoilage of perishables is not that kind of loss; it happens because of what the item inherently is, independent of anyone's conduct. Excluding this kind of loss keeps the hotel's liability tied to failures of custody and care, rather than to the physical properties of whatever a guest happens to bring in.

What this does not resolve

Article 2002 excludes loss arising from the character of the goods themselves, but it does not address a situation where the hotel's own conduct — such as failing to provide refrigeration it had promised, or otherwise mishandling perishable items entrusted to its staff — contributed to or accelerated the spoilage. Whether facts like that change the analysis depends on what actually happened and on other provisions governing the hotel's responsibility.

Related provisions

Note. Statute text quoted on this page is reproduced from the official enactment and is linked to the full provision. The explanation around it is general legal information from Vivas & Nobles Law Office, not legal advice. Whether it applies to your situation depends on facts only a lawyer reviewing them can assess.