Legal provisions involved in the regulations on the management of homestays

In order to standardize the operation and management of China's national accommodation industry, documents such as * * * Enjoy Accommodation Service Standard, Basic Requirements for Tourist Homes and Accommodations, and Evaluation have been issued one after another. The new industry standard also puts forward that "the exit mechanism is implemented in the evaluation of tourist homestays, and the star rating will be cancelled in any of the following circumstances during the operation"

Extended data:

1. Articles 18 and 20 of the Consumer Protection Law clearly stipulate the obligations of the platform. Chapter II of E-commerce Law promulgated on 20 19 also stipulates that e-commerce operators shall protect consumers' right to know and choose, and shall not deceive or mislead consumers. However, it is still controversial whether the third-party platform operating hotel business belongs to the supervision object of this law. Secondly, there are no clear rules for hotel reservation and cancellation, and similar disputes even occur on platforms with good reputation.

2. On some platforms, consumers don't even have the right to make bad reviews. The landlord can eliminate bad reviews as long as he goes offline and online. B&B platform's evasion of obligations by standard terms obviously violates the principles of honesty, credit and fairness, and more than 50% of the termination fee violates the provisions of Article 10 of the Measures for the Supervision and Handling of Contract Violations. Thirdly, business license, hygiene license, tax registration certificate, special trade license, catering service license and fire inspection qualified opinions are the basic conditions for hotel operation. Among them, the requirements for fire control facilities are more stringent, requiring that every hotel room must be equipped with a smoke fire alarm.

3. Article 37 of China's Tort Liability Law stipulates that hotels and other public places shall be investigated for their responsibility if the manager's lack of responsibility causes damage to others. As an intermediary between B&B providers and consumers, third-party network platforms require all platform users to register with their real names, so all major platforms keep a large number of users' personal information and transaction records. If the user information is stolen or resold due to the negligence of the platform, it will inevitably harm the interests of users. In fact, it is not uncommon for customers to report that the platform account has been stolen and the sign-in has been photographed.