Can I get a refund if I don't stay in a hotel?

Legal analysis: tourists cancel room reservations without refund, which is a standard clause, and there are unfair and unreasonable provisions that restrict consumers' rights, increase consumers' responsibilities, and reduce or exempt operators' responsibilities. If the hotel does not refund, it may constitute unjust enrichment and should be returned.

Legal basis: Civil Code of People's Republic of China (PRC).

Article 496 Standard Terms were drafted in advance by the parties for reuse, and there was no consultation between the parties when concluding the contract.

Where a contract is concluded by standard terms, the party providing the standard terms shall follow the principle of fairness to determine the rights and obligations between the parties, and take reasonable measures such as exempting or lightening their responsibilities to remind the other party of the terms that have a significant interest in them, and explain the terms according to the requirements of the other party. If the party providing the standard terms fails to fulfill its obligation to prompt or explain, so that the other party fails to pay attention to or understand the terms that have a significant interest in it, the other party may claim that the terms will not become the content of the contract.

Article 985 When the beneficiary obtains improper benefits without legal basis, the aggrieved person may request the beneficiary to return the benefits obtained, except in any of the following circumstances:

(1) Remuneration for performing moral obligations;

(2) Liquidation before the maturity of debts;

(three) knowing that there is no obligation to pay.