Traditional Culture Encyclopedia - Hotel accommodation - Is it reasonable to book a hotel without a refund?

Is it reasonable to book a hotel without a refund?

Legal Analysis: Refund is allowed, but within the guarantee period, the guarantor has a specified time. Cancellation of the order within the specified time can be refunded, and no refund can be made beyond the specified time. If you have already paid or paid the deposit, it depends on the cancellation terms of the specific hotel. Some hotels do not need to pay for cancellation, some do not need to pay for a certain period of time, and some definitely need to bring consumption. According to the relevant laws and regulations of our country, if the hotel needs to cancel the order for personal reasons, whether to compensate depends on the agreement signed by both parties. If the deposit is paid, the penalty is generally applicable, and the deposit can be non-refundable. Booking a room through an online third-party platform is essentially a contract, and both parties to the contract are merchants and consumers. This is a bilateral contract that both parties are obliged to perform. The obligation of merchants is to provide housing on time, and the obligation of consumers is to pay the house price as a consideration. If the consumer does not actually use the hotel room and the contract is not actually fulfilled, the consumer has the right to ask for a refund. If there is no default clause when the contract is concluded and the consumer has the corresponding responsibility to cancel the order, then the consumer has the right to demand a full refund, unless the consumer cancels the order and causes actual losses to the merchant, then the actual losses will be borne by the consumer.

Legal basis: People's Republic of China (PRC) Labor Contract Law.

Article 115 The parties may, in accordance with the Guarantee Law of People's Republic of China (PRC), stipulate that one party shall pay a deposit to the other party as a guarantee for the creditor's rights. After the debtor performs the debt, the deposit shall be used as the price or recovered. If the party paying the deposit fails to perform the agreed debt, it has no right to demand the return of the deposit. If the party receiving the deposit fails to perform the agreed debt, it shall return the deposit twice.

Article 116 Where the parties have agreed on both liquidated damages and deposit, if one party breaches the contract, the other party may choose to apply the liquidated damages or deposit clause.