Traditional Culture Encyclopedia - Hotel accommodation - How can I compensate if the hotel has booked a room?
How can I compensate if the hotel has booked a room?
According to Articles 14 and 15 of the contract, the reservation information published by the hotel on the Internet can be regarded as an offer, and consumers can reserve rooms without submitting a guarantee. After receiving the system information of successful reservation, the contract between the consumer and the hotel is established.
Booking a hotel online cannot be checked in, and the hotel's behavior is a breach of contract. According to the relevant provisions of the contract law, consumers should be compensated for their actual losses. Consumers should take screenshots of the order information, keep the evidence and complain to the relevant departments. It is suggested that consumers should rationally defend their rights in case of disputes and do everything according to the contract, especially before booking.
2. Precautions for booking hotels online:
1. Hotel rooms are generally reserved until 6 pm on the day of reservation, and may be reserved until 5 pm on holidays.
2. If the guest is late for other reasons, please call directly to book the room after the reservation is successful. Credit card guarantee or advance payment is needed in special periods such as exhibitions.
Due to seasonal changes, the room price may be inaccurate. Please refer to telephone consultation or final confirmation.
4. For hotels that need credit card guarantee, the requirements for canceling reservations are different. If the cancellation is made within the valid working days required by the hotel, it is ok. Otherwise, you will not be able to cancel your reservation. If you fail to check in, the corresponding room rate will be deducted from your credit card.
3. Does the hotel need compensation for transferring the reserved house to others?
The hotel should not only compensate for the loss, but also pay a deposit in double indemnity.
Article 44 of the Law on the Protection of Consumers' Rights and Interests stipulates: "If a business operator provides goods or services, causing damage to consumers' property, it shall bear civil liability for repairing, redoing, replacing, returning goods, making up the quantity of goods, returning the payment for goods and services or compensating for losses according to the requirements of consumers. "
Article 107 of the contract also points out: "If a party fails to perform its contractual obligations or fails to perform its contractual obligations, it shall bear the liabilities for breach of contract such as continuing to perform, taking remedial measures or compensating for losses."
Article 1 15 of the contract stipulates: "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 double the deposit. "
Legal basis:
People's Republic of China (PRC) Civil Code
Article 584 Where a party fails to perform its contractual obligations or fails to perform its contractual obligations in conformity with the contract, thus causing losses to the other party, the amount of damages shall be equivalent to the losses caused by the breach of the contract, including the benefits that can be obtained after the performance of the contract; However, it shall not exceed the losses that the breaching party foresaw or should have foreseen when concluding the contract.
Article 585 The parties may agree that one party shall pay a certain amount of liquidated damages to the other party for breach of contract, or may agree on the calculation method of the amount of compensation for losses caused by breach of contract.
If the agreed liquidated damages are lower than the losses caused, the people's court or arbitration institution may increase the liquidated damages at the request of the parties; If the agreed liquidated damages are excessively higher than the losses caused, the people's court or arbitration institution may appropriately reduce them at the request of the parties.
If the parties concerned pay liquidated damages for delayed performance, the breaching party shall also perform the debt after paying the liquidated damages.
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