TITLE: <<<TITLE An Incident of Defending Rights TITLE
TEXTMARKDOWN: <<<TEXTMARKDOWN A month ago, I booked a hotel for two nights on Qunar. As a result, the hotel called me yesterday evening to inform me that the hotel was flooded due to heavy rain and could not accommodate guests. They wanted me to voluntarily cancel the booking. I immediately expressed my dissatisfaction. Now, booking hotels nearby has become much more expensive. If I cancel, I have to bear the price increase myself. On the phone, the hotel actually said, "If we cancel here, money will be deducted. If you cancel, we have no loss." This statement made me very angry. They wanted me to be a nice person and suffer the loss, which I certainly cannot accept.
After hanging up the phone, I contacted the platform to defend my rights. The platform handled it very quickly and called me back in less than 10 minutes. They informed me that the hotel indeed could not accommodate guests and proposed a compensation plan: refund the original order and provide a price difference compensation of up to 108 yuan. That is, I re-book a hotel myself, and if the new hotel order price minus the original order price does not exceed 108 yuan, it will be compensated.
I browsed the current prices of nearby hotels and found that this 108 yuan still could not cover the loss from the price increase. I did not agree to the above plan. The customer service called again 10 minutes later. This time, the compensation amount came to a maximum of 400 yuan, which was enough to cover the price difference. I finally accepted this compensation plan.
Article 582 of the "Civil Code of the People's Republic of China" stipulates: If the performance does not conform to the agreement, the liability for breach of contract shall be borne according to the agreement of the parties. If the liability for breach of contract is not agreed upon or the agreement is unclear, and it still cannot be determined according to the provisions of Article 510 of this Law, the aggrieved party may reasonably choose to request the other party to bear the liability for breach of contract such as repair, reworking, replacement, return of goods, reduction of price or remuneration, etc., according to the nature of the subject matter and the size of the loss. According to the above provisions, if the hotel fails to provide services in accordance with the agreement, it shall bear the liability for breach of contract. Consumers can require the hotel to compensate according to actual losses, including but not limited to additional accommodation expenses, transportation expenses, etc.
In this situation, you must contact the platform to defend your rights. There is definitely room for negotiation in the compensation plan proposed by the platform, and you can try to fight for more compensation.
Qunar also imposed some restrictions on my compensation this time, which need attention:
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