Traditional Culture Encyclopedia - Hotel accommodation - Is it legal not to refund hotel reservations?
Is it legal not to refund hotel reservations?
Legal Subjectivity:
It is legal for the hotel to refuse to check out after check-in. If the consumer's unilateral cancellation does constitute a breach of contract, he must bear the liability for breach of contract and pay a reasonable fee. However, the hotel stipulates that consumers make reservations. It is an invalid format clause that cannot be canceled or refunded later, and the agreement is illegal. The law is objective:
"Consumer Rights and Interests Protection Law"
Article 53
Business operators who provide goods or services in the form of advance payments shall comply with Provided by agreement. If it is not provided in accordance with the agreement, the agreement shall be fulfilled according to the requirements of the consumer or the advance payment shall be refunded;
The interest on the advance payment and the reasonable expenses that the consumer must pay shall also be borne.
"Civil Code"
Article 497
The standard clause shall be invalid under any of the following circumstances:
(1) There are invalid situations stipulated in Section 3 of Chapter 6 of Part 1 of this Law and Article 506 of this Law;
(2) The party providing the standard clause unreasonably exempts or mitigates the responsibilities, increase the liability of the other party, and limit the other party’s main rights;
(3) One party providing the standard clause excludes the other party’s main rights.
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