Traditional Culture Encyclopedia - Hotel accommodation - What should I do if I mistakenly think that the hotel provides free meals?

What should I do if I mistakenly think that the hotel provides free meals?

Introduction: There are snacks and drinks for guests to choose from in the hotel room. The price is obviously higher than that of similar products in the market. The guest was inexperienced in staying in the hotel, didn't pay attention to the price list, mistakenly thought that the hotel provided it for free and drank a bottle of wine. When checking out, the hotel will charge according to the marked price and refuse to pay. Reference Law: Article 54 of the Contract Law: A party has the right to request a people's court or an arbitration institution to modify or cancel a contract concluded due to a major misunderstanding. Article 58 of the Contract Law: After the contract is invalid or cancelled, the property acquired as a result of the contract shall be returned; If it is impossible or unnecessary to return it, it shall be compensated at a discount. The party at fault shall compensate the other party for the losses suffered as a result. If both parties are at fault, they shall bear their respective responsibilities. Article 1 13 of the Contract Law: If one party fails to perform its contractual obligations or fails to perform its contractual obligations as agreed, thus causing losses to the other party, the amount of damages shall be equivalent to the losses caused by the breach of contract, including the benefits that can be obtained after the performance of the contract, but shall not exceed the losses that the breaching party foresaw or should have foreseen when concluding the contract. Focus: Is there a sales contract between Guan and the hotel? What can Guan do? Comment: (1) A sales contract relationship has been formed between the customs and the hotel. The establishment of a contract requires an offer from one party and a commitment from the other. The hotel provides foreign wine and indicates the price, which has constituted an offer, and it is a commitment made by its own behavior to close a certain consumption. The sales contract between the two parties was established. (2) The reason for shutting down drinking is "mistaken" and there is a major misunderstanding. At this time, there are two options: first, according to Article 54 of the Contract Law, you can request the court or arbitration institution to modify or terminate the contract; Second, if you don't exercise your cancellation right, you will be liable for breach of contract if you refuse to pay. (3) If Guan chooses to terminate the contract, according to Article 58 of the Contract Law, Guan shall return it or make compensation at a discount. Because the wine has been consumed, we can only compensate at a discount. Discount compensation standard: if the state has price regulations, it will be discounted according to the price stipulated by the state; If the price is not stipulated by the state, it shall be compensated according to the market price. In this case, the hotel price is the market price, so customs should still pay the hotel according to this price. (4) If Guan does not terminate the contract and the contract continues to be valid, then Guan should continue to perform the contract, but if Guan refuses to pay, it constitutes a breach of contract and needs to bear the liability for breach of contract. According to Article 1 13 of the Contract Law, the amount of damages includes the benefits that can be obtained after the performance of the contract, which is reflected in the profit of foreign wine in this case. In this case, the customs should still pay the hotel according to the marked price. Lawyer reminds: when staying in hotels, guesthouses, etc. Be sure to ask if there is any extra charge for the food and drinks they provide.