Traditional Culture Encyclopedia - Hotel accommodation - What if the hotel doesn't refund the fee?

What if the hotel doesn't refund the fee?

Lawyer's analysis

You can negotiate a lawsuit.

If the hotel doesn't refund the money, it can negotiate with the agency for a refund, and both parties make concessions to reduce the time and money cost of litigation.

If no agreement can be reached, a lawsuit can be brought to the court to explain the losses caused by the agency's breach of contract, request the court to judge the agency to refund the relevant expenses, and may require it to pay liquidated damages or compensate for the losses.

The prosecution should pay attention to the statute of limitations.

legal ground

Article 188 of the Civil Code of People's Republic of China (PRC)

The limitation period for requesting protection of civil rights from the people's court is three years. Where there are other provisions in the law, those provisions shall prevail.

The limitation period of action shall be counted from the date when the creditor knows or should know that the right is damaged and the debtor knows it. Where there are other provisions in the law, those provisions shall prevail. However, the people's court shall not protect the rights that have been damaged for more than 20 years. Under special circumstances, the people's court may decide to extend the time according to the application of the obligee.

Article 577

If one party fails to perform the contractual obligations or fails to meet the contractual obligations, it shall be liable for breach of contract, such as continuing to perform, taking remedial measures or compensating for losses.

Article 122 of the Civil Procedure Law

Prosecution must meet the following conditions:

(1) The plaintiff is a citizen, legal person and other organization that has a direct interest in the case;

(2) Having a clear defendant;

(3) Having specific requests, facts and reasons;

(4) It falls within the scope of civil litigation accepted by the people's court and is under the jurisdiction of the sued people's court.