Traditional Culture Encyclopedia - Hotel reservation - The hotel cannot cancel the overlord clause.

The hotel cannot cancel the overlord clause.

Irrevocable hotel is the overlord clause. It is also a breach of contract for a consumer to book a room online and cancel it two hours later, but the hotel cannot refuse a refund on this ground. Because the time from booking to cancellation is relatively short, the hotel can still provide the room to others, which has no impact on the normal operation of the hotel. If this happens, you should keep the corresponding evidence, that is, the evidence of canceling the reservation in a short time. Then complain to the local consumer Council or consumer insurance. If it still can't be solved, you can consider suing in the local court.

Article 9 of the Consumer Protection Law

1. Consumers have the right to choose their own goods or services.

2. Consumers have the right to choose their own operators who provide goods or services, choose their own ways of goods or services, and decide whether to buy or not to buy any kind of goods or accept or not to accept any kind of services.

3. Consumers have the right to compare, identify and choose goods or services.

Is it legal to book an irrevocable hotel?

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. "

How to compensate for the cancellation of hotel reservation contract?

If you can claim compensation for breach of contract, the breaching party should double the deposit, the hotel should refund the service fee, and if it causes losses to consumers, it should be liable for compensation;

Article 52 of the Law on the Protection of Consumers' Rights and Interests, if a business operator provides goods or services, causing damage to consumers' property, it shall bear civil liabilities such as repairing, redoing, replacing, returning goods, making up the quantity of goods, returning the payment for goods and services or compensating for losses in accordance with the law or the agreement of the parties.

If one party fails to perform the contractual obligations or fails to meet the contractual obligations, it shall be liable for breach of contract, such as continuing to perform, taking remedial measures or compensating for losses.

If one of the parties expressly expresses or shows by his own behavior that he will not perform the contractual obligations, the other party may require him to bear the liability for breach of contract before the expiration of the performance period.

How to write the hotel franchise 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.