Traditional Culture Encyclopedia - Hotel accommodation - Is it legal for the hotel to cancel the full deduction?
Is it legal for the hotel to cancel the full deduction?
1. The hotel is not allowed to cancel the order, which is illegal. Consumers have the right to buy or refuse to buy, and hotels can't interfere, which violates consumers' right to choose independently.
2. The right of independent choice refers to the right that consumers can choose the goods or services they are satisfied with and decide whether to buy or accept according to their own consumption needs.
3. Both parties can negotiate. If negotiation fails, it can be handled through litigation. The consumption of booking is similar to the nature of liquidated damages, and the booking between consumers and hotels belongs to the behavior of both parties entering into a contract;
4. If consumers can't check in for their own reasons and ask for a refund, it is a breach of contract, causing certain losses to the hotel, and they should bear certain liabilities for breach of contract, but the amount of compensation for losses should be reasonable.
5. If the tourists cancel the hotel reservation unilaterally, it really constitutes a breach of contract and needs to bear the responsibility for breach of contract. However, the liability for breach of contract is stipulated by law, and both parties need to agree on a reasonable liability for breach of contract according to the consequences of one party's breach of contract and the losses caused to the other party.
To sum up, hotels are not allowed to cancel orders illegally. Consumers have the right to buy or refuse to buy, and hotels can't interfere, which violates consumers' right to choose independently. The right of independent choice refers to the right that consumers can choose the goods or services they are satisfied with and decide whether to buy or accept them according to their own consumption needs.
Legal basis:
Article 9 of the Law of People's Republic of China (PRC) on the Protection of Consumer Rights and Interests
Consumers have the right to choose their own goods or services.
Consumers have the right to choose their own operators to provide goods or services, choose their own varieties of goods or services, and decide whether to buy or not to buy any kind of goods or accept or not to accept any kind of services.
Consumers have the right to compare, identify and choose their own goods or services.
Article 52
Where a business operator provides goods or services, causing damage to consumers' property, it shall bear civil liabilities such as repairing, redoing, replacing, returning goods, making up the quantity of goods, returning the payment for goods and services or compensating for losses in accordance with the law or the agreement of the parties.
If one party fails to perform the contractual obligations or fails to meet the contractual obligations, it shall be liable for breach of contract, such as continuing to perform, taking remedial measures or compensating for losses.
If one of the parties expressly expresses or shows by his own behavior that he will not perform the contractual obligations, the other party may require him to bear the liability for breach of contract before the expiration of the performance period.
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