Traditional Culture Encyclopedia - Hotel accommodation - Hotel cancellation order compensation

Hotel cancellation order compensation

If it is unreasonable for the hotel to cancel the order unilaterally, it can claim compensation. The hotel's behavior is a breach of contract, and according to the relevant provisions of the contract law, it should compensate the actual losses of consumers.

Legal analysis

1. Medical expenses: The medical expenses are determined according to receipts and vouchers such as medical expenses and hospitalization expenses issued by medical institutions, combined with relevant evidence such as medical records and diagnosis certificates. 2. Lost time: The lost time is determined according to the lost time and income of the victim. 3. Nursing expenses: The nursing expenses are determined according to the income of nursing staff, the number of nurses and the nursing period. 4. Transportation expenses: The transportation expenses shall be calculated according to the actual expenses incurred by the victims and their necessary accompanying personnel for medical treatment or transfer to other hospitals. 5. Hospitalization food subsidy: Hospitalization food subsidy can be determined by referring to the standard of food subsidy for ordinary staff of local state organs. 6. Nutrition fee: The nutrition fee is determined according to the disability of the victim and referring to the opinions of medical institutions. 7. Disability compensation: according to the degree or level of disability of the victim, the disability compensation is calculated according to the per capita disposable income of urban residents or the per capita net income of rural residents in the last year where the appeal court is located, and it is calculated as 20 years from the date of disability. However, for those over 60 years of age, the age will be reduced by one year for each additional year; Seventy-five years of age or older, calculated by five years.

legal ground

People's Republic of China (PRC) Civil Code

Article 137 The expression of intention made by means of dialogue shall take effect when the counterpart knows its contents. Non-dialogue means it takes effect when it reaches the other party. Non-conversational meaning in the form of data message means that if the counterpart designates a specific system to receive the data message, the data message will take effect when it enters the specific system; If no specific system is specified, the counterpart knows or should know that the data message will take effect when it enters its system. If the parties have otherwise agreed on the effective time of the expression of intention in the form of data message, such agreement shall prevail. Article 477 The expression of intention to cancel an offer is made through dialogue, and the contents of the expression of intention shall be known to the offeree before the offeree makes an acceptance; If the intention to cancel the offer is made in a non-dialogue way, it shall reach the offeree before the offeree makes an acceptance.