Is it legal for the hotel to claim for blood on the hotel sheets?

In violation of the law, consumers have the right to safeguard their rights and interests.

According to consumer protection law

Article 26 When using standard clauses in business activities, business operators should draw consumers' attention to the quantity and quality, price or cost, time limit and method of performance, safety precautions and risk warning, after-sales service, civil liability and other matters related to consumers' vital interests, and explain them according to consumers' requirements.

Operators shall not make unfair and unreasonable provisions to consumers, such as excluding or restricting consumers' rights, reducing or exempting operators' responsibilities, and aggravating consumers' responsibilities, by means of format clauses, notices, statements, shop notices, etc. , and shall not use format terms and use technical means to force transactions.

Format terms, notices, statements, shop notices, etc. If it contains the contents listed in the preceding paragraph, its contents are invalid.

Extended data:

typical case

Case 1: loss of a hot water kettle 150 yuan.

On June 28th, 2009, 165438+ Ms. Qin arranged a friend to travel to Guilin in a business hotel on Zhongshan North Road. That night, my friend accidentally broke the hot water kettle in the room. When checking out the next day, Ms. Qin took the initiative to tell the hotel about it.

At the checkout, the waiter deducted 150 yuan from the deposit paid by Ms. Qin, telling her that it was to compensate for the cost of the hot water kettle. But Ms. Qin wondered, if her family has a similar hot water kettle, or brand goods, as long as 70 yuan, why is the hotel asking so high? Ms. Qin questioned the hotel.

The waiter said that the compensation standard was set by the hotel long ago, and there was a price list of damaged items in the "Notice to Passengers" of each room, so the guests would be compensated according to this. Helpless, Ms. Qin can only compensate at the price in the end.

Case 2: Dirty sheets were claimed by 200 yuan.

20 1 1 In March, Ms. Shen 18-year-old daughter traveled from Hangzhou to Xiamen, accompanied by three classmates, and four people stayed in a hotel on Fuzhou Road, Gulangyu Island. The night before check-out, one of the girls had her period and got the sheets dirty. When checking out, the hotel filed a claim and the four little girls were at a loss. Ms. Shen's daughter called to ask her. She was afraid that it would spoil her daughter's fun and had to let them pay first.

At first, the hotel said it wanted 200 yuan. After some negotiation, the girls left 75 yuan. Afterwards, Ms. Shen was unwilling: "I don't think I should pay for it. The sheets are dirty. They didn't mean to. Moreover, the hotel didn't give any price proof in the end. How much should I pay? Is the hotel in charge? "

Lawyer's statement

Moderator: Does it belong to the overlord clause for restaurants and hotels to set high compensation standards?

Qiu Jianming: I think this is an overlord clause. Consumers need to bear corresponding responsibilities for damaging hotel articles by mistake, but the compensation price cannot be decided by the hotel and needs to be supervised by the price department. Therefore, restaurants and hotels require consumers to pay compensation several times or more higher than the market price, which obviously violates the principle of fairness and the principle of equivalent compensation.

In real life, because hotels and restaurants are mostly in a strong position, consumers often choose reconciliation when they encounter compensation matters. This not only sacrifices personal rights and interests, but also connives at the "aggression" of hotel operators. Of course, when consumers demand compensation for the damage of hotel articles, they should compensate according to the direct economic loss (that is, the present value) of the hotel.

At present, consumers' awareness of rights protection is still relatively weak, and in this case, they often compromise and give up their rights. This kind of high-priced compensation is bullying and fearing hard, which violates the principle of fairness and good faith. Consumers should dare to say no and safeguard their legitimate rights and interests.

Li Zhenshan: There is a service relationship between hotels, restaurants and consumers, and both parties to the contract are equal. In some hotels, the amount of compensation for guest room items unilaterally made by leaving notes or service guides is too high, which violates the basic principles of the Contract Law, such as equivalent compensation, fairness and equality, voluntary honesty and credit.

The Law on the Protection of Consumers' Rights and Interests clearly stipulates that it is invalid for operators to make unfair and unreasonable provisions to consumers by means of format contracts, notices, statements, store notices, etc. However, it should be noted that hotel commodity compensation needs to be subject to unified supervision by the price department.

Hotels require consumers to pay compensation several times higher than the market price, and even some hotels stipulate that items cannot be repaired after being damaged, and only the compensation clause belongs to the overlord clause. After the hotel paid the deposit, the goods were damaged, and the hotel directly deducted money from it, making it difficult for consumers to protect their rights.

We suggest that when consumers encounter this situation, they should rightfully defend their rights.

Baidu Encyclopedia _ Consumer Protection Law

People's Network _ How to defend rights when encountering the "overlord clause" of hotels and restaurants?