The hotel reservation was canceled?Maliciously overturning orders or being removed from the shelves
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The 2024 “Postgraduate Entrance Examination” is around the corner, and many candidates have already booked hotels near the examination room for rest. However, some candidates have encountered situations where the hotel requested to cancel the booked room for reasons such as “renovation and renovation”, which made the candidates very troubled.
There is no shortage of praise and criticism for hotels or platforms on social platforms.
“I booked a hotel in advance for the postgraduate entrance examination at the end of September. On November 18, I was told that it would be renovated and asked me to check out and stay in other hotels nearby,” said a candidate from Shandong. The candidate discovered that the price of the hotel he originally booked for 109 yuan/night had increased to 600 to 700 yuan a night.
This phenomenon is not unique. In addition to major exams, every holiday eve, there are always consumers complaining that the low-price hotels they booked in advance have been temporarily “betrayed”, and the hotel has been asked to cancel or even force a refund so that the hotel can release the room again. Earn higher room rates.
So, how should consumers legitimately protect their rights and interests when a hotel overturns their order?
According to Article 16 of the “Consumer Rights and Interests Protection Law of the People’s Republic of China”, if operators and consumers have an agreement, they shall perform their obligations in accordance with the agreement, but the agreement between the two parties shall not violate the provisions of laws and regulations. And Article 577 of the Civil Code of the People’s Republic of China stipulates that if a party fails to perform its contractual obligations or performs its contractual obligations inconsistently with the agreement, it shall bear liability for breach of contract such as continuing to perform, taking remedial measures, or compensating for losses.
When a consumer makes a hotel reservation and completes payment on a travel platform, and the hotel confirms the order with the consumer through the platform, the consumer has actually entered into a contract with the hotel, and the consumer has completed the performance of the contract, and the hotel We should also fulfill our obligations as stipulated in the contract, that is, ensure the successful check-in of consumers.
At this time, if the hotel cancels the order or temporarily requests a price increase, it will be a breach of contract. Consumers can first negotiate with the hotel to resolve the issue and require the hotel to continue to fulfill its obligations. If the hotel still refuses to perform, consumers can report it to the platform customer service and request the platform to intervene, or call the 12315 consumer rights hotline to safeguard their legitimate rights and interests.
The reporter also learned from multiple travel platforms that the platforms are also continuing to manage such situations. “On the eve of popular periods such as holidays and large-scale concerts, competitions, and exams, the default rate of such overturned orders will increase significantly. However, the platform continues to educate hotels, and will also warn, limit traffic, and remove defaulting merchants. and other punitive measures, hoping to protect the rights and interests of consumers to the greatest extent.” A relevant person in charge of a travel platform said that if an order is overturned, the platform will arrange for the guest to stay in other room types of the original hotel or nearby hotels of the same or higher level based on the guest’s wishes. , and bear the price difference. According to the rules of different platforms, the general price difference amount is up to 2-3 times the first night’s room rate.
At the same time, the person in charge also reminded consumers to pay attention to the order confirmation situation. “Only when the order has been confirmed by the hotel, the agreement between the consumer and the hotel is formally established. Generally speaking, many domestic hotel orders can be confirmed within a few minutes, but some hotels or room types take longer, and some foreign hotels Confirmation times will also be longer.”
According to the “Consumer Rights and Interests Protection Law of the People’s Republic of China”, “Operators who provide goods or services to consumers must abide by social ethics, operate with integrity, and protect the legitimate rights and interests of consumers.”
Operating with integrity is the long-term solution.
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