Traditional Culture Encyclopedia - Hotel franchise - Can I cancel the hotel because of the epidemic?

Can I cancel the hotel because of the epidemic?

The hotel can return the cause of the epidemic. If the hotel is blocked due to the epidemic, or the area where the hotel is located is impassable due to the epidemic, it is the responsibility of the hotel, and the hotel should allow a refund. The epidemic situation is an event of force majeure. If the consumer cancels the order, the operator shall give a full refund.

If negotiation fails, you can complain to the consumers' association about the hotel to protect consumers' rights and interests. The specific rights protection methods are as follows:

1, settlement through negotiation

After a dispute occurs, consumers and operators reach a settlement agreement on the basis of voluntariness and mutual understanding, so that the dispute can be resolved. This quick and simple dispute resolution method is an ideal way for both consumers and operators.

2. Complaint mediation

After a consumer and a business operator have a dispute over their rights and interests, they request the Consumer Protection Committee to mediate, that is, a third party persuades, communicates and mediates both parties to the dispute, so as to urge both parties to reach a settlement.

3. Administrative complaints

Consumers and business operators may, after disputes over their rights and interests, request the relevant administrative departments to resolve the disputes. It has the characteristics of high efficiency, rapidity and strength. When consumers decide to complain, they usually state their requirements, reasons and relevant factual basis in writing. If a settlement is reached with the operator, the complaint may be withdrawn and the relevant administrative department may be required to make a conciliation statement.

4. Submit to arbitration

The two sides reached an agreement to voluntarily submit the dispute to an arbitration institution for mediation and make a judgment or award. Arbitration has the characteristics of simple procedures for the parties, final arbitration, expert arbitration, low cost, confidentiality and little mutual influence. The arbitration fee shall be borne by the losing party in principle, and the arbitration tribunal shall determine its own arbitration fee according to the responsibilities of each party.

Step 5 file a lawsuit

If the legitimate rights and interests of consumers are infringed, they may bring a lawsuit to the people's court and request the court to conduct a trial in accordance with legal procedures. The lawsuit brought by consumers because their legitimate rights and interests are infringed belongs to the category of civil litigation.

Legal basis:

Article 562 of the Civil Code of People's Republic of China (PRC), the parties may terminate the contract through consultation. The parties may stipulate the conditions for one party to terminate the contract. When the conditions for contract termination are met, the creditor may terminate the contract. "And article 563rd stipulates that in any of the following circumstances, the parties may terminate the contract:

(1) The contract purpose cannot be achieved due to force majeure.

(2) Before the expiration of the time limit for performance, one party clearly indicated or indicated by his own behavior that he would not perform the principal debt.

(3) One party delays the performance of the principal debt and fails to perform it within a reasonable period after being urged.

(4) One party delays the performance of debts or commits other breach of contract, which makes it impossible to achieve the purpose of the contract.

(5) Other circumstances stipulated by law.