Traditional Culture Encyclopedia - Hotel reservation - How can I claim if I have no room after the hotel reservation is successful?
How can I claim if I have no room after the hotel reservation is successful?
Customers book hotels through online platforms. After submitting the order, it means that the customer has established a contractual relationship with the platform or hotel. If the hotel fails to provide housing after receiving the order, or the housing conditions of other arrangements are inconsistent with the reservation, the customer has the right to demand 3 times compensation. If the accommodation provided by both parties through consultation is better or the same as the reservation specification, the customer has no right to claim compensation. Similarly, if there is a problem with the platform, the hotel does not take the order, and the customer has no room to live, the customer also has the right to lodge a claim with the platform.
When consumers book hotel rooms, it is both a consumption relationship and a contractual relationship with the merchants. Whether it is an online travel agency or a hotel, taking advantage of its strong trading position, regardless of consumers' wishes, it unilaterally formulates and implements the "no cancellation" rule of online booking, which violates the legal principles of voluntariness, equality and fairness and is suspected of infringing consumers' fair trading rights.
How to solve consumer disputes
Negotiate with the operator. After consumers buy goods, they find that the quality of the goods is unqualified; Or when receiving services, they are not satisfied with the service quality and attitude. At this time, you can negotiate with the store on the spot or afterwards, explain the situation, provide evidence, show your attitude, and put forward specific and reasonable requirements on the premise that the store admits the facts, so as to promote the timely settlement of disputes.
Ask the Consumer Council for mediation. The Consumer Council is a specialized social organization established according to law to protect the legitimate rights and interests of consumers. Jilin Province has three levels of consumer committees: provincial, municipal and district (county). When consumers' rights and interests are infringed, they can complain to consumers' associations and ask the Consumer Council to mediate on the basis of understanding. The municipal and district (county) consumer committees may complain to the district (county) consumer committee where the dispute occurs.
Complain to the relevant administrative department. After the legitimate rights and interests of consumers are infringed, they can also appeal to the relevant administrative departments of industry and commerce, price, technical supervision, standards, metrology, health and so on. These administrative departments can take corresponding measures to protect the legitimate rights and interests of consumers within the scope of their business responsibilities and in accordance with relevant regulations.
According to the arbitration agreement reached with the operator, submit it to an arbitration institution for arbitration. This method of resolving disputes is often stipulated in a written contract for the sale of goods, and the amount of goods bought and sold is often relatively large. However, it rarely exists in the oral contract of instant payment between consumers and stores, and the procedure of resolving disputes in this way is relatively complicated. If the consumer buys a small amount of goods and completes it in the form of an oral contract of immediate payment, it is not appropriate to solve the dispute in this way.
Bring a lawsuit to the people's court. Litigation often happens when consumers' rights and interests are seriously infringed, even when consumers' personal and major property are infringed. When all kinds of solutions have failed, consumers can bring a lawsuit to the court and request legal protection. If the operator's behavior constitutes a crime, the judicial department shall also investigate the criminal responsibility of the relevant responsible person according to law.
legal ground
Article 55 of the Law of People's Republic of China (PRC) on the Protection of Consumers' Rights and Interests stipulates that if a business operator commits fraud in providing goods or services, it shall increase the compensation for the losses it has suffered according to the requirements of consumers, and the amount of compensation shall be three times the price of the goods purchased by consumers or the cost of receiving services; If the amount of additional compensation is less than that of 500 yuan, it shall be 500 yuan. Where there are other provisions in the law, those provisions shall prevail. Where a business operator knowingly provides goods or services to consumers, causing death or serious damage to the health of consumers or other victims, the victims have the right to demand compensation from the business operator in accordance with the provisions of laws and regulations such as Articles 49 and 51 of this Law, and have the right to demand punitive damages less than twice.
In the process of providing goods or services, business operators cheat consumers, including but not limited to selling goods at false "clearance price", "sale price", "lowest price", "preferential price" or other deceptive prices.
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