Dehehou restaurant

Belong to, unilaterally put forward "no refund" and "no cancellation" are suspected of overlord clause.

Li Guang, Deputy Secretary-General of Tourism Law Research Association of Beijing Law Society, pointed out that if the hotel did not explicitly inform the relevant cancellation policy before the transaction, and then came up with a unilateral non-refund policy when the tourists canceled the reservation, it would infringe the consumers' right to know. For the refund policy, it needs to be judged by both parties through consultation or the judicial organ according to the principle of fairness and reasonableness, rather than one party's strong demand for "no refund".

In addition, whether 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. "

Extended data:

Zhao Huanyan, chief knowledge officer of Huamei Hotel Consultant, said that the hotel industry should formulate unified norms, stipulate the process of canceling orders, specify the time limit for customers to cancel reservations, and specify the time period for OTA and hotels to be responsible for refunds. "There is no standard now, and there is no basis for the relevant departments to handle complaints after tourists complain. Therefore, you can consider holding a hearing and formulating an operational process that everyone agrees with. "

Yang Yanfeng, an associate researcher at the School of Tourism, Beijing Union University, said that both the hotel's own channels and OTA are actually relatively transparent in the unsubscribe policy, but the policy is sometimes not uniform enough, which is why the two sides shirk each other. "In fact, it is also possible to appropriately introduce the product of cancellation of insurance and solve such disputes with a business model."

References:

People's Daily Online-Hotel Unpaid Room Payment Deduction Expert: "Non-termination" is suspected of overlord clause