Valentine's Day! Online hotel bookings cannot be used—who will regulate these unfair terms?
[3] Compiled from: Huashang Daily, The Paper
Case review
[4] Mr. Mou purchased an online hotel voucher for a hot spring hotel in Lintong District, Xi'an, but was told upon booking that it could not be used on February 14. The platform's promotion did not specify this restriction, so Mr. Mou applied for a refund, only to be told a 30% handling fee would be charged. Although he eventually got a full refund after negotiations, he hopes his experience serves as a warning to others.
[5] Mr. Mou said that on February 11, he found a hot spring hotel in Lintong on the WeChat mini-program "Travel Cost-Effective." The hotel voucher's promotional page on the platform only stated it was unavailable during the Spring Festival holiday and that an extra 200 yuan would be charged for Friday and Saturday stays. Mr. Mou spent 1,399 yuan to purchase a private hot spring tatami suite and then booked a stay for February 14, only to receive a reply saying "Booking unsuccessful."
Mr. Mou said that when he called the hotel customer service, the reply was that February 14th, Valentine's Day, had high room rates and the voucher could not be used, so he was asked to reschedule. "I also asked the hotel customer service why it wasn't stated in the promotional copy, but they shifted the blame to the platform, saying it was Lv Huasuan's issue. When I applied for a refund from Lv Huasuan, I was told a 30% handling fee would be charged, meaning I would lose over 400 yuan if I refunded." Mr. Mou believes this is fraud, and special dates should be clearly stated in the copy. He said he later read the copy again, and there was a line saying "consumption on specified dates is not accepted." Why not specify the dates? Being unclear is deceiving consumers. At noon on February 12th, after further negotiation, Lv Huasuan platform gave him a full refund, but the process was exhausting.
Article 26 of the Consumer Rights Protection Law
Business operators shall not, through standard clauses, notices, statements, store notices, etc., make provisions that exclude or limit consumers' rights, reduce or exempt business operators' responsibilities, or increase consumers' responsibilities, which are unfair or unreasonable to consumers, nor shall they use standard clauses with technical means to force transactions. If standard clauses, notices, statements, store notices, etc., contain the content listed in the preceding paragraph, such content is invalid.
[1] The author's perspective
One point worth noting in this case is the consumption details on the Lv Huasuan platform. It stated "consumption on specified dates is not accepted," but aside from clearly indicating that the Spring Festival holiday could not be used, other unavailable dates were not explicitly listed. This explanation is essentially a standard clause in law, but such an unclear clause, entirely interpreted unilaterally by the merchant, is unfair. Therefore, the clause "consumption on specified dates is not accepted" has no legal effect and is invalid.
Nowadays, online shopping is not limited to goods but also includes many services. As consumers, when we spend on platforms, we must carefully read the terms posted by the platform or merchant. If we encounter unclear terms, we must call the merchant to inquire, minimizing the chance of disputes. However, if a dispute does arise, consumers can first negotiate with the platform or merchant. If no agreement is reached, they can seek help from the local consumer association. Consumers can also file a lawsuit in court, which can confirm the invalidity of unfair standard clauses and order the platform or merchant to refund fees and compensate for losses.
