Mid-Autumn Festival and National Day double festival arrived, there are many hotel orders soared, prices also soared。Recently, 680 yuan accommodation was quietly adjusted to the topic of National Day 2780 yuan by the platform, which was a hot search on Weibo and caused concern。Yangtze River news special report on this。
A guest house owner in Lishui, Zhejiang province, found that a platform had mistakenly adjusted the price of his room to 2,780 yuan per day。The owner of the hotel said that it was not his own price adjustment, nor did he carry passengers。The platform involved responded that the staff had mistakenly operated, but it has not publicly responded to the matter。The owner of the homestay listed the room under the travel platform。
Whether the booking platform has the right to change the price without the consent of the merchant？What rights and interests of merchants have been violated by the platform's unauthorized price changes？How should consumers protect their legitimate rights and interests in view of the unreasonable price increases of merchants in the tourist season？Hubei Luojia Law firm intern lawyer Zhao Jingmei was invited by Changjiang News column to interpret the relevant legal details。
Lawyer Zhao said that, first of all, at the merchant level, the booking platform has no right to modify the price without the consent of the merchantThis is suspected of violating the right of operators to set their own prices。Secondly, at the consumer level, consumers could have stayed in homestays at a relatively low price, but the result was manipulated by the platform and the market price rose.If the platform party is suspected of violating the consumer's right to know, right to fair trade and right to property safety, the consumer can ask the merchant to pay compensation in accordance with three times the purchase price。
Lawyer Zhao mentioned that during the holidays, the appropriate price increase of hotel rooms can be understood, because the cost of human and material resources will increase, and the relationship between supply and demand will also change。但是Businesses must clearly mark the price, can not fabricate the original price, can not mislead, deceive consumers, otherwise it will cause fraud。In such cases, consumers may safeguard their legitimate rights and interests in accordance with Article 39 of the Law on the Protection of Consumer Rights and Interests。
另外，In response to this type of accommodation of "National Day to live in my home", lawyer Zhao also elaborated the potential risks。"National Day live in my home" is a new sharing economy model, which has the property of house rental and the property of tourism accommodation service by using self-occupied houses。At present, there is no clear corresponding laws and regulations, and there is no corresponding supervision, so there may be legal risks and security risks。Once there is a dispute over property damage and personal safety, the owner may be liable for compensation due to unlicensed operation and chaotic management。Tourists also have the risk of losing personal property and even being threatened by personal safety。
Zhao Jingmei lawyer profile
Zhao Jingmei, female, Hubei Luojia law firm intern lawyer
电话: 18795905557
Graduated from Zhongnan University of Economics and Law, Master of Laws, has rich experience in contract review and document drafting, and provided legal services for Hubei Radio and Television Station during the internship。