Is it suspected of breaking the contract for the sake of price increase?

Whenever holidays come, I believe many people will give priority to traveling. After all, there are not many such benefits in one year, so why not relax! But there is also a problem, that is, how to solve the accommodation. I believe that most people will choose to book a hotel after planning their trip early. ?

In recent days, B&Bs once again rushed to the hot search for the price increase and breach of contract. Because of the May Day holiday, many B&Bs hotels began to "force" consumers to "unsubscribe" in order to raise prices.

According to reports, Ms. Deng of Hangzhou had previously booked a hotel in Chengdu for three nights at a price of 345 yuan through the platform, but now she received a phone call from the hotel saying that she had cancelled the renovation. Later, Ms. Deng found that other platforms of the hotel were also selling the same price on the same day. Incredibly rose to more than 500 yuan a night! Moreover, this behavior is not only the behavior of a single hotel, but also a collective behavior.

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According to statistics, during the May Day period, many places also broke the contract by raising the price of B&Bs. Some consumers booked the B&Bs during the May Day holiday in advance, but when the holiday approaches, the owner of the B&Bs always asks to cancel the order or unilaterally cancel the contract for various reasons. In fact, this is because B&Bs wants to raise the price and then sell the room, so as to get more profits! However, this behavior quickly caused many consumers' dissatisfaction and complaints, and was also concerned and criticized by many online travel platforms and media.

Combined with the above information, it can be seen that many homestays are painstakingly raising prices, and the reasons are also very fortunate. This also gave birth to many problems. Many people doubt whether the price increase of B&B is legal. Is it illegal to break the contract in order to raise the price? How to protect their legitimate rights and interests? By consulting the Price Law of People's Republic of China (PRC) and the Consumer Rights Law, I have also sorted out the answers I want for you. Let's have a look.

First of all, it is legal for hotels and homestays to' go up on holidays'. Don't be surprised, there are actually many restrictions.

According to Article 3 of the Price Law of People's Republic of China (PRC): "Under the macro-control, the state implements and gradually improves the mechanism that prices are mainly formed by the market. The pricing should conform to the law of value. The vast majority of goods and services are subject to market-adjusted prices, and very few goods and services are subject to government-guided prices or government pricing. " However, at present, hotel rooms are not within the scope of government guidance or government pricing, and the prices are mainly regulated by the market. Therefore, as long as the price is clearly marked, it is not illegal. However, it does not mean that the price can be raised indefinitely. Although there is no unified price limit standard in the country, according to Article 10 of the Provisions on Administrative Penalties for Price Violations, operators do not implement legal price intervention measures and emergency measures, otherwise they will face confiscation of illegal income and a fine of less than 5 times of illegal income. If there is no illegal income, a fine of 6,543,800 yuan and 6,543,800 yuan will be imposed; if the circumstances are serious, a fine of 6,543,800 yuan and 5 million yuan will be imposed; If the circumstances are serious, it shall be ordered to suspend business for rectification!

This is enough to show that countries that raise prices indiscriminately also attach great importance to it.

Secondly, it is illegal to break the contract in order to raise prices!

B&B's price increase and breach of contract violated the relevant provisions of People's Republic of China (PRC) Contract Law. According to China's report. Com, as well as the responses released by several online travel platforms, it is illegal to break the contract and increase the price of confirmed orders, which infringes on the legitimate rights and interests of consumers! At the same time, consumers can ask B&B to refund the paid amount and pay the price difference loss caused by the consumer's reservation separately. The maximum price difference is 3 times of the first night room rate of the original order. However, if B&B has a malicious behavior of returning the order and is suspected of false propaganda, consumers can also ask B&B to pay punitive damages of three times the price. Once the platform fails to fulfill its regulatory obligations and take necessary measures, consumers can also ask the platform and B&B to bear joint and several liability for compensation!

A number of platforms have also indicated that they have optimized relevant policies to protect consumers' rights and interests, which shows that the national crackdown is still very strong.

Finally, for B&B's behavior of breaking the contract in order to raise prices, we must safeguard our own rights and interests. It is best to remember the following methods.

①: Keep the evidence. This is the most important point and the basis of safeguarding rights. Once there is no evidence, it is impossible to prove the agreement between you and B&B and the breach of B&B! So remember to keep your reservation contract, payment voucher, phone records or text messages with B&B in time for subsequent complaints or lawsuits. At the same time, it is also a way to protect yourself. With sufficient evidence, we can defend our rights with more confidence, and we can also avoid being deceived or perfunctory by platforms or homestays. Therefore, when booking B&B, we must pay attention to the preservation of relevant evidence, and don't delete or lose it easily!

②: Contact the platform. Contact the platform should be regarded as the quickest way, so if you encounter problems that cannot be solved, contact the customer service of the reservation platform as soon as possible to reflect your situation, and be sure to ask the platform to intervene. Because the platform is equivalent to the intermediary between you and B&B, it has the obligation to supervise and punish B&B's breach of contract, and also has the obligation to compensate your losses. Once the platform fails to fulfill its regulatory obligations and take necessary measures, it may require the platform and B&B to bear joint and several liability for compensation.

③: Seek legal aid. If the platform and B&B can't reach a settlement, or you are not satisfied with their handling results, you can seek legal aid, which is also one of the ways and the most powerful way to protect rights. Because law is the highest criterion to protect our rights and interests, only through legal channels can we really get fairness and justice! If the platform and B&B don't respect our legitimate rights and interests and don't give us a reasonable result, we should bravely stand up and use legal weapons to safeguard our interests. Therefore, when we encounter the situation of hotel breach of contract and price increase, if the contact platform is fruitless, we must seek legal assistance and don't give up our rights protection opportunities!

Generally speaking, it is illegal for hotels to break the contract in order to raise prices, which infringes on the legitimate rights and interests of consumers. In this case, we should keep the evidence in time, contact the platform customer service, seek legal aid, and safeguard our rights and interests through various channels! At the same time, the platform and regulatory authorities should also strengthen the regulation and management of the hotel industry, severely crack down on this dishonest and unreasonable business behavior, and maintain market order and consumer confidence. Only in this way can the hotel industry develop healthily and let consumers travel with confidence! ?