Traditional Culture Encyclopedia - Hotel reservation - How to deal with hotel expense fraud?
How to deal with hotel expense fraud?
First, how to punish hotel charges?
It will be warned and fined by the industrial and commercial bureau and other relevant departments, and the illegal income will be returned and ordered to rectify. Hotel arbitrary charges belong to the act of deceiving consumers, which refers to the act that operators deceive and mislead consumers by false or other improper means in providing goods or services, thus damaging the legitimate rights and interests of consumers, and should be punished and bear the responsibility in accordance with the Law on the Protection of Consumers' Rights and Interests and the Measures for Punishment of Infringement on Consumers' Rights and Interests.
Second, how to identify consumer fraud?
1. Means used by operators when providing goods or services
According to the provisions of Article 16 of the Measures for Punishment of Infringement on Consumers' Rights and Interests, if an operator commits one of the following acts, it can be considered as fraud: doping or adulterating the goods sold, passing the fake as the real, passing the inferior as the good, and passing the unqualified goods as qualified goods; Deliberately using unqualified measuring instruments or destroying the accuracy of measuring instruments in providing goods or services; Failing to provide goods or services as agreed, defrauding consumers of prices or expenses; Selling goods or services by false or misleading commodity descriptions, commodity standards, physical samples, etc.; Selling goods or services at false "clearance price", "sale price", "lowest price", "preferential price" or other deceptive prices; Selling goods or services by means of false "prize sales", "repayment of principal" and "experience sales"; Falsely claiming that genuine products sell goods such as "processed products", "defective products" and "unqualified products"; Exaggerate or conceal information such as quantity, quality and performance that have a significant interest in consumers and mislead consumers; Misleading consumers by other false or misleading propaganda methods.
2. Does the operator's behavior mislead consumers?
To judge whether the operator's behavior misleads consumers, we should take the cognitive level and recognition ability of ordinary consumers as the standard. If this behavior is enough to mislead ordinary consumers, it constitutes fraud. If this behavior is not enough to mislead ordinary consumers, individual consumers should prove that they have misunderstood and advocate fraud. When an operator commits fraud, it will generally harm the legitimate rights and interests of consumers. However, consumers are not required to have actual losses or damages to identify consumer fraud. As long as the operator's behavior is enough to mislead consumers, it can be identified as fraud.
3. Does the operator have the subjective aspect of committing fraud?
Although laws and regulations do not clearly stipulate that fraud must be subjective and intentional, literally speaking, fraud is to cover up the truth and mislead consumers, and the word "fraud" itself has revealed that operators have subjective and intentional. Therefore, in the following six situations, business operators can't prove that they didn't cheat or intentionally mislead consumers, which is fraudulent: the goods they sell or the services they provide don't meet the requirements for protecting personal and property safety; they sell invalid or deteriorated goods; they forge goods of origin; they forge or falsely use other people's factory name and address; they tamper with the production date; they sell goods with forged or falsely used quality marks such as certification marks; they sell goods or provide services that infringe on the exclusive right of registered trademarks of others; and they forge or alter them.
The behavior of hotel charging fees in disorder belongs to consumer fraud. In this case, you should complain to the administrative department for industry and commerce in time or call 123 12 to make a complaint. In order to protect their legitimate rights and interests through legal means, consumers should try to keep written evidence for subsequent reporting.
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