Traditional Culture Encyclopedia - Hotel franchise - Is it irrevocable and legal to book a hotel on the platform?

Is it irrevocable and legal to book a hotel on the platform?

Violating the law, no matter which side of the hotel or OTA puts forward the trading conditions of "no refund for booking once" or "no cancellation", it is suspected to constitute the overlord clause. If a tourist cancels a hotel reservation unilaterally, it does constitute a breach of contract and needs to bear the liability 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.

1. How to write the hotel joining contract?

Brand conflicts between hotel owners (and their management companies) and franchisees are inevitable, and franchisees will also have differences with brands on some specific business issues. In order to safeguard the rights in franchising, the Ministry of Commerce of China issued the Measures for the Administration of Commercial Franchising on February 30, 2004, stipulating that franchise contracts include:

1, the name and basis of the parties.

2. The content, duration, location and exclusivity of the authorized franchise company.

3, the type and amount of franchise fees, as well as the way to collect and return the deposit.

4. Confidentiality clause.

5. Quality control and responsibility of franchised products or hotel services.

6. Training and guidance.

7. Use of trade names.

8. Use of intellectual property rights such as trademarks.

9. Consumer complaints.

10, advertising.

1 1. Modification and dissolution of the contract.

12, liability for breach of contract.

13, dispute settlement clause.

14. Other terms agreed by both parties.

Second, what are the general characteristics of the overlord contract?

1, reduce or exempt the liability and evade the obligations of the operator;

2, in violation of the law, unauthorized expansion of the operator's authority;

3. Exclude and deprive consumers of their rights;

4, the rights and obligations are not equal, and the consumer responsibility is arbitrarily increased;

5. Control the final interpretation right with vague terms.

Legal basis: Article 466 of the Civil Code of People's Republic of China (PRC). If the parties have disputes over the understanding of the terms of the contract, the meaning of the disputed terms shall be determined in accordance with the provisions of the first paragraph of Article 142 of this Law. Where a contract text is concluded in two or more languages, and the agreement is equally authentic, the words used in each text shall have the same meaning. If the words and expressions used in each text are inconsistent, they shall be interpreted according to the relevant terms, nature, purpose and principle of good faith of the contract.