Valentine's Day! Online hotel bookings cannot be used—who will regulate these unfair terms?
[3] Compiled from: Huashang Daily, The Paper
Case review
Mr. Mou purchased a hotel voucher online for a hot spring hotel in Lintong District, Xi'an. When he tried to make a reservation with the hotel, he was told that the voucher could not be used on February 14. However, the platform's promotional materials did not state that the voucher was unavailable on that day. Mr. Mou then applied for a refund through the purchasing platform, but was informed that a 30% handling fee would be charged. Although he eventually recovered the full amount after negotiations, Mr. Mou hopes his experience can serve as a reminder to others.
Mr. Mou said that on February 11, he spotted a hot spring hotel in Lintong on the WeChat mini-program "Lvsuan". The promotional page for the hotel room voucher sold on the platform only stated that it was not available during the Spring Festival holiday and that an additional 200 yuan was required for use on Fridays and Saturdays. Mr. Mou spent 1,399 yuan to purchase a private hot spring tatami suite and then booked a stay for February 14. Unexpectedly, he received a reply saying "booking unsuccessful."
Mr. Mou said that when he called the hotel's customer service at the time, he was told that February 14 was Valentine's Day and the room rate was high, so the voucher could not be used and he would have to change the date. “I also asked the hotel customer service why this was not stated in the promotional copy, but they shifted the blame to the platform, saying it was a matter for Lvhuasuan. When I applied to Lvhuasuan for a refund, I was told that a 30% handling fee would be charged, meaning that if I refunded, more than 400 yuan would be deducted.” Mr. Mou believed this was fraud and that special dates should be clearly stated in the copy. Mr. Mou said he later read the promotional copy again and found a sentence in it that said “consumption on designated dates is not accepted.” Why not state the designated dates clearly? Being vague and unclear is deceiving consumers. At noon on February 12, after Mr. Mou negotiated again, the Lvhuasuan platform gave him a full refund, but the process was truly exhausting.
Article 26 of the Law of the People's Republic of China on the Protection of Consumer Rights and Interests
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 noteworthy point in this case is the consumption details statement on the Lvhuasuan platform. It states that “consumption on specified dates is not accepted,” but aside from explicitly stating that it cannot be used during the Spring Festival holiday, other unavailable dates are not clearly listed. This kind of statement is legally considered a standard form clause, but such a clause, which is unclear and subject entirely to the merchant’s unilateral interpretation, is unfair. Therefore, the clause “consumption on specified dates is not accepted” does not have 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.
