Traditional Culture Encyclopedia - Hotel accommodation - Laws and regulations of hotel mandatory check-out

Laws and regulations of hotel mandatory check-out

According to the general hotel accommodation agreement and the laws and regulations on the protection of consumers' rights and interests, the hotel may violate the following provisions by canceling or returning the rooms reserved by the guests without their consent:

1. infringes the rights and interests of customers. After the guest booked the room, he formed a contractual relationship with the hotel. If the hotel cancels or checks out without the guest's consent, it may lead to the guest's inability to stay in the hotel as originally planned and infringe on the guest's contractual rights and interests.

2. Violation of the Law of People's Republic of China (PRC) on the Protection of Consumer Rights and Interests. The law stipulates that when providing commodities or services, business operators shall not change the content, quality, quantity and price of commodities or services without authorization against the wishes of consumers, or unilaterally terminate the contract.

Hotels generally can't force guests to check out. Before the performance of the contract, the hotel shall not refuse guests to stay without justifiable reasons. After the expiration of the contract, the hotel has the right to refuse the guests to stay, and both parties can assume their obligations and enjoy their rights according to the contract. The guests should check out in time and the house should be in a corresponding state.

To sum up, if the hotel cancels or checks out without the guest's consent, the guest can lodge a complaint with the hotel and demand compensation. If the guest has suffered great losses, the hotel can also investigate the liability for breach of contract through legal channels.

Legal basis:

People's Republic of China (PRC) Civil Code

Article 562

The parties may terminate the contract if they reach an agreement through consultation. The parties may agree on the reasons for one party to terminate the contract. When the reasons for the termination of the contract arise, the creditor may terminate the contract.

Article 563

In any of the following circumstances, the parties may terminate the contract:

(a) the purpose of the contract cannot be achieved due to force majeure;

(two) before the expiration of the time limit for performance, one party clearly indicated or indicated by his own behavior that he would not perform the main debt;

(three) one party delays the performance of the main debt and fails to perform it within a reasonable period after being urged;

(4) One of the parties delays the performance of debts or commits other breach of contract, which makes it impossible to achieve the purpose of the contract;

(5) Other circumstances stipulated by law.

For an indefinite contract whose content is to continue to perform debts, the parties may terminate the contract at any time, but they shall notify the other party before a reasonable time limit.