Traditional Culture Encyclopedia - Hotel accommodation - How to deal with hotel guests' breach of contract?

How to deal with hotel guests' breach of contract?

If the money owed by the hotel is not returned, the hotel can exercise the lien, seize its property, restrict its freedom, and sue him for repayment in time. The limitation of action for disputes over accommodation service contracts is one year, during which creditors can exercise their right of recourse.

1. What should I do if I owe money for staying in a hotel?

1. exercising lien and seizing property can restrict their freedom in an emergency, but personal injury is not allowed. This is called private relief, which is only applicable in an emergency. Call the police immediately afterwards and ask for public relief. You can call.

Call 1 10 to call the police, or report the overdue service fee to the police station, and the obligee can exercise the right of recourse. However, it should be noted that the statute of limitations for service fee debt (rent) is generally not protected by law after one year.

2. Refusing to pay the hotel fee is a dispute over the accommodation service contract. The hotel can bring a lawsuit to the court, asking the defaulter to pay the room service fee according to the contract.

3. Borrowing money is not a civil act, not a criminal case, and generally not going to jail. The law does not stipulate that you will go to jail if you owe money. If you don't pay back the money, you can go to the court where the other party's account is located or where you often live.

After winning the case, the court ruled that it was necessary to repay the debt. If the debt is not repaid within the prescribed time limit, the other party may apply to the court for compulsory execution. When accepting execution, the court may investigate the property of the person subjected to execution (such as deposits, vehicles, houses, etc.). ) At the applicant's application or ex officio. If the property of the person subjected to execution is found through investigation, it may be enforced according to law.

If the court has ruled that the other party has paid back the money, and the other party has the ability to pay back the money, but still does not pay back the money, it is suspected of refusing to execute the judgment or ruling, and may go to jail. If the other party refuses to perform such acts as concealing or transferring property, the court may take judicial guardianship measures.

6. Article 313 of the Criminal Law Whoever refuses to execute the judgment or ruling of the people's court, if the circumstances are serious, shall be sentenced to fixed-term imprisonment of not more than three years, criminal detention or a fine.

7. Article 314th of the Criminal Law conceals, transfers, sells off or intentionally damages property that has been sealed up, detained or frozen by judicial organs. If the circumstances are serious, they shall be sentenced to fixed-term imprisonment of not more than three years, criminal detention or a fine.

8. Bring a lawsuit to the court of the debtor's domicile or habitual residence in a timely manner according to law, and request the court to order the debtor to immediately repay the arrears and safeguard the legitimate rights and interests.

To sum up, owing money is a civil case, which is under the jurisdiction of the people's court of the defendant's domicile. After the judgment of the people's court takes effect, the debtor still fails to perform the repayment obligation, and if the circumstances are serious, he may be sentenced to fixed-term imprisonment of not more than three years.