Is the seller responsible for the wrong hotel booking in the live broadcast room?

2025-03-18

With the rise of online live streaming sales, online consumption is highly favored by consumers. However, the "planting grass" under the filter may also hide traps, causing consumers to fall into the dilemma of mismatched products. Zhu placed an order for a luxury hotel suite in Sanya in a live broadcast room of a travel agency, but was greatly disappointed when Zhu and his family arrived at the hotel. In the live broadcast room, it was shown that the hotel can be reached directly by walking for 3 minutes to the seaside. However, this' seaside 'area, which requires passing through a small forest, has not been developed at all. To reach the nearest beach, one needs to take a taxi for 4 kilometers. Zhu also said that the hotel is almost entirely surrounded by construction sites, and there are very few supporting facilities. After unsuccessful negotiations with a travel agency for a refund, Zhu filed a lawsuit. The case was concluded in the first instance by the Haidian District People's Court of Beijing and the second instance by the Beijing First Intermediate People's Court. During the trial of the case, the travel agency stated that if Zhu provided the guest information before arriving at the hotel, it was deemed that he had agreed to make a reservation for check-in. According to the 'refund rules' agreed upon between the live streaming platform and the merchant, once the reservation is successful, the order transaction is considered completed and the payment cannot be refunded. After trial, the court found that Zhu did not actually complete the check-in procedures, and the tourism contract involved in the case is in a state of being effective but partially fulfilled. In the case where Zhu submits evidence to effectively prove that the actual situation and surrounding environment of the hotel do indeed differ from the textual description displayed on the product details page of the order, and the reasons that affect his willingness to consume are reasonable, the travel agency should refund the booking fee that was not actually consumed. According to the Civil Code and the Law on the Protection of Consumer Rights and Interests, standard clauses should be used in a reasonable manner to alert consumers and provide sufficient explanations of the content of the clauses. They shall not exclude, restrict consumer rights or increase consumer liability Judge Chen Du, who handled the case, introduced that businesses should prominently display key terms such as refunds and exemptions, and if necessary, take the lead in explaining them. Merchants cannot unilaterally increase consumers' obligations without informing them, nor can they mechanically invoke clauses to refuse compensation when encountering reasonable demands from consumers. Huang Ziteng, assistant judge of the Second Civil Court of the First Intermediate People's Court of Beijing, said that consumers should be wary of "internet celebrity filters" when shopping online, rationally screen promotional content, carefully read product details and contract terms, and pay attention to retaining relevant evidence. (New Society)

Edit:Ou Xiaoling    Responsible editor:Shu Hua

Source:People Net

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