Traditional Culture Encyclopedia - Hotel franchise - Refund policy for epidemic hotels

Refund policy for epidemic hotels

During the epidemic, the hotel can get a refund. Affected by the epidemic, if the hotels booked in advance don't stay at all, they can ask the hotels to refund all their money, but only if the epidemic is serious.

During the epidemic, the hotels and air tickets booked are included. As long as the state has regulations, as a merchant, it is necessary to return goods according to law and cannot refuse to pay illegally. Therefore, it must be handled according to the process, so as to ensure that the interests of the parties will not suffer any losses.

Hotel refund during the epidemic. If there is a refund agreement in the contract, the contract agreement shall prevail; If not, we should analyze it according to the actual situation. If it constitutes "force majeure" or "change of circumstances", you can claim and demand the dissolution or change of the contract. In addition, we need to consider the reservation platform, some regulations of the hotel or the change policy.

What should I do if the hotel I booked during the epidemic does not return?

The method of refunding hotel fees because of the epidemic is as follows: those who stayed in hotels during the epidemic can't check out and get a refund; If you don't stay in a hotel, if you just book a hotel, you can check out and get a refund. According to the law, 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.

How to cancel the signed lease contract of epidemic situation?

It can be explained from two angles:

The first angle: the outbreak is unforeseeable and insurmountable force majeure for both landlords and tenants. If the purpose of the contract cannot be achieved after the occurrence of force majeure, you can request the termination of the contract. If the contract still needs to be performed after the end of force majeure, you can be exempted from liability in part or in whole according to the influence of force majeure.

The second angle: the epidemic situation is a change of circumstances, and the basic conditions for signing the contract between the two parties have changed greatly. It is unfair to one or both parties to continue to perform the contract. The unfavorable party may negotiate with the other party to change the contract. If negotiation fails, the people's court or arbitration institution may be requested to modify or terminate the contract.

Legal basis:

People's Republic of China (PRC) Civil Code

Article 590 Where the parties are unable to perform the contract due to force majeure, they shall be exempted from liability in part or in whole according to the influence of force majeure, except as otherwise provided by law. If the contract cannot be performed due to force majeure, the other party shall be informed in time to reduce the possible losses to the other party and provide proof within a reasonable time. If force majeure occurs after the delay in performance, the parties concerned shall not be exempted from the liability for breach of contract.