Is it illegal not to stay in the hotel or check out?

First, the contractual relationship between the hotel and the guests.

When guests book a hotel, they usually form a contractual relationship with the hotel. This contract can be an oral agreement or a written contract, such as the order confirmation of the online booking platform. This contract stipulates the rights and obligations of both parties, including the duration of accommodation, price, service content, etc. Therefore, when judging whether it is illegal not to stay in the hotel or not to check out, you need to check the terms of the contract first.

Second, the contract terms and check-out policy.

The hotel usually informs the guests of the relevant check-out policy when booking. These policies may include check-out fees at different time periods, handling methods in case of non-check-in, etc. If the hotel's check-out policy clearly stipulates that you will not check out without checking in, and the guests already know and agree to these terms when booking, then the hotel's refusal to check out may be a legal act based on the terms of the contract.

However, if the hotel does not explicitly inform the guests that the check-out policy or related policies violate the Consumer Protection Law and other laws and regulations, then the hotel's refusal to check out may constitute an illegal act.

Third, consumer rights protection and legal provisions.

In China, the Consumer Protection Law clearly stipulates the rights and interests of consumers and the obligations of businesses. According to this law, consumers have the right to know the real situation of the goods they buy or use or the services they receive, and have the right to choose their own goods or services. At the same time, businesses should abide by the principles of fairness and justice and must not infringe upon the legitimate rights and interests of consumers.

If the check-out behavior of the hotel violates the Consumer Protection Law or other relevant laws and regulations, consumers have the right to complain to the relevant departments and seek legal relief.

To sum up:

Whether it is illegal not to check out without staying in the hotel requires a detailed analysis of the contractual relationship between the hotel and the guests, the check-out policy and relevant laws and regulations. If the hotel violates laws and regulations such as the Consumer Protection Law, then its behavior may be illegal. Consumers should first negotiate with the hotel to solve such problems. If no agreement can be reached, you can complain to the relevant departments and seek legal relief.

Legal basis:

Contract law of the people's Republic of China

Article 4 stipulates that the parties have the right to voluntarily conclude a contract according to law, and no unit or individual may illegally interfere.

Law of the People's Republic of China on Protection of Consumer Rights and Interests

Article 8 stipulates that consumers have the right to know the real situation of the goods they buy or use or the services they receive.

Law of the People's Republic of China on Protection of Consumer Rights and Interests

Article 9 stipulates that consumers have the right to choose their own goods or services.

Law of the People's Republic of China on Protection of Consumer Rights and Interests

Article 26 stipulates that business operators shall not make unfair and unreasonable provisions to consumers, such as excluding or restricting consumers' rights, reducing or exempting business operators' responsibilities, and aggravating consumers' responsibilities, by means of standard clauses, notices, statements, shop notices, etc. , shall not use format terms and use technical means to force transactions. Format terms, notices, statements, shop notices, etc. If it contains the contents listed in the preceding paragraph, its contents are invalid.