Traditional Culture Encyclopedia - Hotel reservation - Can I claim for power failure in the hotel?

Can I claim for power failure in the hotel?

In the legal practice of our country, it is very difficult to claim for hotel power failure, and there is no compensation standard for the claim. The most important thing is the reason for the power failure. It will be very difficult if there is a large-scale power outage in the power sector. If the power failure is caused by internal problems in the hotel, you can claim compensation from the hotel.

According to the relevant laws and regulations, when the power supplier needs to interrupt power supply due to planned maintenance, temporary maintenance, power restriction according to law or illegal use of electricity by power users, it shall notify power users in advance in accordance with relevant state regulations. If the power supply is interrupted without notifying the user in advance, causing losses to the user, it shall be liable for damages.

In addition, guests can check out, cancel their accommodation contracts and ask for a refund. In addition to requesting the termination of the contract, you can also refund the room rate through an agreement with the hotel, and there is no legal basis for the rest. According to the actual situation and loss, make compensation and ask for a refund.

Special attention should be paid to:

1. First of all, it is necessary to make clear whether the power outage belongs to force majeure. This important situation is that if it is a hotel line problem, it is not force majeure, and if it is a city power supply system problem, it should be force majeure.

2. In case of breach of contract, you can't claim compensation for mental damage.

3. In case of breach of contract, the liability for breach of contract shall apply. Infringement, tort liability shall apply. According to the actual situation and loss, make compensation and ask for a refund.

Legal basis:

Article 1 177 of the Civil Code of People's Republic of China (PRC) has been infringed, and the situation is urgent, so it cannot be protected by the state organs in time. If measures are not taken immediately, their legitimate rights and interests will be irretrievably damaged, and the victim can take reasonable measures, such as seizing the property of the infringer within the necessary scope to protect their legitimate rights and interests; However, it should immediately request the relevant state organs to handle it.

If the victim takes improper measures to cause damage to others, he shall bear tort liability.

People's Republic of China (PRC) Civil Code

Article 182 If property losses are caused by infringing upon the personal rights and interests of others, compensation shall be made according to the losses suffered by the infringed party or the benefits obtained by the infringer; It is difficult to determine the losses suffered by the infringer and the benefits gained by the infringer. If the infringer and the infringed party fail to reach an agreement on the amount of compensation and bring a lawsuit to the people's court, the people's court shall determine the amount of compensation according to the actual situation.