Stay in this hotel in Guilin for three days. 370 thousand is gone! The hotel said that it was not at fault and refused to mediate.

Mr. Xie paid 370,000 yuan in Guilin Watermark Gallery Hotel and agreed to stay in the hotel "Ziyunju Four-bedroom Villa" for 30 days. The two sides signed a contract. Within a few days, Mr. Xie left Guilin for business. After Mr. Xie returned to Guilin, he wanted to stay, but the hotel left the villa rented by Mr. Xie to others. After the negotiation failed, Mr. Xie called the Consumers Association for help, and the hotel refused to mediate on the grounds that the contract had been fulfilled.

Party: The hotel does not refund money or participate in coordination.

On September 13, Mr. Xie found "Guilin Watermark Gallery Hotel" on Ctrip. After on-the-spot investigation, he thinks the environment meets his requirements. When he was ready to place an order online, the hotel promoter recommended Mr. Xie to sign a guest contract directly with the hotel on the grounds of ensuring the housing and appropriate discounts. "Because of the long stay and the National Day holiday in the middle, online booking may be a bit troublesome. The hotel promoter said that as long as I add some money during the holiday, I can guarantee to stay forever. So, in September of 14, I paid a monthly room rate of 370,000 yuan and a deposit of 30,000 yuan, and rented the hotel' Ziyunju Four-bedroom Villa'. It is agreed to check in in September 15, and check out in June 10 15, * * * 3 1 day for 30 nights. " Mr. Xie said.

On September 17, Mr. Xie received an urgent call from his company and needed to rush to other places for a meeting. When negotiating with the hotel, the hotel replied to Mr. Xie, "The house payment cannot be refunded, and the rest can only be consumed in the store, which needs to be consumed within one year."

On September 26th, Mr. Xie planned to go back to Guilin, so he contacted Guilin Watermark Gallery Hotel to continue his stay, but the hotel replied that he could only stay until the last four days of September, because the National Day holiday villa had been booked by other guests, and the holiday housing was tight and it was impossible to mediate.

After many unsuccessful negotiations, Mr. Xie entrusted a lawyer to handle the matter. Afterwards, Mr. Xie's entrusted lawyer complained about this matter to the "123 15" platform, which designated the market supervision and management office of Dawei Town, Lingchuan County for coordination.

On October 9th, 65438/KLOC-0, Mr. Xie went to Guilin Watermark Gallery Hotel as an attorney to negotiate with the staff of the institute. The hotel staff replied at that time, and the next day they would come up with a solution, form a report and report it to Dawei Town Market Supervision and Management Office.

10 On June 5438+05, Mr. Xie's attorney contacted Dawei Town Market Supervision and Management Office, and the staff replied that the hotel had refused to provide a solution.

"At the time of 10 and 16, we sent a mediation notice to both parties involved, hoping that both parties would come to our office for on-site mediation on June 20th of 10. However, the people in the hotel didn't come that morning. In the telephone communication, the hotel said that they were not at fault and did not participate in mediation. Therefore, according to the regulations, we issued the "Decision on the Mediation of Complaints". " The staff of lingchuan county Dawei Town Market Supervision and Management Office said: "Consumers are advised to take legal procedures to better safeguard their rights and interests."

The hotel said: "The contract has been fulfilled and there is no need to communicate."

10 10/2 1 day, the reporter and his party came to Guilin Watermark Gallery Hotel after receiving the complaint from the lawyer entrusted by Mr. Xie. At the gate, the entrusted lawyer dialed the phone number of Wang, the hotel sales manager who handled the matter, and wanted to negotiate with him again. Wang Dao: "Ask the leader."

Soon, Wang replied: "The leader said that we have fulfilled the contract and there is no need to communicate any more. Because he communicated with the guests before, didn't reply, and didn't give us anything, then we can only implement it according to the original contract, and we also fulfilled the relevant obligations of the contract. "

Subsequently, the reporter and his party said that they would conduct an interview on this matter. Wang said: "If you need an interview, you should make an appointment with the person in charge of the relevant department of the hotel."

Reporter: "What is the relevant department?"

Wang: "Law or administration."

Reporter: "Then please give me the contact information of the legal department."

Wang: "Go and check, I don't have it here. You are the media, there must be many channels. You can contact anyone you want to interview in the hotel. I am only responsible for the sales department and have no right to be interviewed. "

Reporter: "Then where is the legal department of your hotel? Let's find it ourselves. "

After a few seconds of silence, Wang said, "I really don't know how to provide you with this. Our hotel has the right not to be interviewed."

The gate of the hotel involved

Lawyer's statement

"Even if I started to stay on September 27th, it is within the scope of the contract, and the room rate I paid this holiday has gone up. Why do you want to make a reservation? Wang also said on the phone that it can only be executed according to the original contract, so why not give me a National Day holiday? Moreover, when they checked in with the hotel again on September 26, their staff clearly replied,' Because they checked out halfway and didn't calculate the room rate, they didn't book a room'. Why did the hotel say' the contract has been fulfilled'? " Mr. Xie was very dissatisfied with the hotel's attitude and asked Guilin Watermark Gallery Hotel to refund the room rate of 370,000 yuan.

Lian Zhong, a lawyer of Guilin Duxiu Law Firm, believes that in the whole incident, the focus of debate is "verbal agreement" and "contract modification (or termination)". If there is no evidence, the occupancy contract signed by both parties is the only valid contract.

Lawyer Liu Fangfang of Guangxi Jiaqin Law Firm said that Mr. Xie, as a party to the contract, has fulfilled all his contractual obligations, that is, paid the room fee for one month. The obligation of the hotel is to provide a designated room for Mr. Xie to stay in according to the contract. During the contract period, Mr. Xie asked to stay, but the hotel reserved the room for which Mr. Xie had paid for the room for other guests, which made Mr. Xie unable to stay. The hotel's behavior violated the contract.

Sun Shengfeng of Guilin Life Network reports.