CCTV Beijing, July 19 (Reporter Song Xue Feiquan) Since the summer, various places have opened the tourist season. Recently, a tourist posted a video saying that a group of 9 people, a total of 5 adults and 4 children, booked two standard rooms at a homestay in Altay, Xinjiang, and were forbidden by the boss to stay. The reason given by the owner of the B&B is that they also have a rule that they are not allowed to be overcrowded. In the tourist season, this matter quickly sparked heated discussions, and the topic appeared on the hot search.
Some netizens believe that for reasons such as saving money or being lively, many people who travel will choose to live in a room, especially children, which do not occupy much space, and the store should actively and flexibly deal with it by adding extra beds; However, some netizens believe that since there are regulations, they should be followed, standard rooms are generally designed for two people, and if you are traveling as a family, you can choose a parent-child room or a larger room type.
B&B platforms usually stipulate the upper limit of occupancy, and it is recommended to communicate in advance if it is exceeded
The reporter inquired about the major online travel platforms and found that the homestay booking page will generally clearly indicate the number of people who can stay. "When a user makes a reservation for a hotel, the actual number of guests will be displayed on the platform's details page and reservation page. In other words, when a user books a hotel through the app, at least two pages will prompt the number of occupants in the user's room, which the user can theoretically see and know clearly. The staff of Tuniu Travel Network told reporters.
B&B booking page on a platform
So, how is the number of guests at a homestay determined? What if there are more people than required?
According to the person in charge of a B&B platform, the platform will calculate the upper limit of the number of people that can be received according to the number of beds and bed type system (for example, a large bed can accommodate up to two people), and the landlord on the merchant side can set it by himself, the default value is the upper limit, and the landlord can only reduce the number of people who can live in it. Therefore, it is recommended that consumers choose a matching listing according to the number of occupants when choosing a homestay. If there is an overcrowding, you can communicate with the landlord in advance so that the landlord can make corresponding adjustments.
"The number of guests is usually determined by the host according to the room type and facilities of the homestay, and the platform will pay attention to the number of guests and whether the homestay service is suitable when reviewing the listing, and if there is an unreasonable situation, it will communicate with the host to confirm." According to the person in charge of the operation of a B&B booking platform, the general platform will require the landlord to display the recommended number of occupants and the number of beds on the listing details page, and will also clearly indicate whether there can be an extra bed, add an extra person, if so, a maximum of how many beds or people, and the charging rules for exceeding the number of occupants. Consumers can pay attention to the corresponding information before booking, and at the same time fully communicate with the host to discuss the specific situation.
An extra bed can be negotiated for stay-in at the B&B, provided that the room size is sufficient
Zhang Xiaojun, president of the B&B Inn and Boutique Hotel Branch of the China Tourism Association, said that there is currently no unified national industry standard for how many people can live in a double-standard room, or how many people can live in a room of a homestay. The accommodation of two adults in a double standard room is based on the following considerations: first, the experience and comfort of the guests; the second is the service capacity of toilets and other equipment; The third is safety.
"The B&B will make flexible adjustments according to the actual situation and under the above premise, for example, parents with one or two minors can stay in a double standard room if the guest is willing and the room facilities allow. Generally speaking, if there are three large rooms staying in a double room, the B&B may add an extra bed at the request of the guest, but the premise is that the room size is large enough not to reduce the comfort and experience too much. Zhang Xiaojun said.
In today's homestay consumer market, family travel accounts for an increasing proportion. Zhang Xiaojun pointed out that the travel of multiple families and the travel of families with many children have put forward new requirements for the room arrangement of homestays, and the industry should make adjustments to meet the new requirements of the new market for accommodation products. Industry associations should also conduct investigation and research on the issue of "how many people live in a homestay", formulate industry norms on this basis, serve members and relevant enterprises for reference and implementation, and serve consumers to choose the right homestay to stay.
Lawyer: If the operator reminds or publicizes the number of people, it is not an infringement of consumer rights
He said that at present, the "Measures for the Administration of Public Security in the Hotel Industry", "Hygiene Standards for the Accommodation Industry", "Consumer Rights Protection Law" and other laws and regulations, do not make specific restrictions on the number of guests in the accommodation industry such as B&Bs and hotels, among them, the "Measures for the Administration of Public Security in the Hotel Industry" only stipulate that the hotel should establish a passenger verification and registration system, and enter the passenger ID card into the hotel industry security management information system. to protect the safety, health and legitimate rights and interests of consumers; The "Hygienic Standards for the Accommodation Industry" stipulates that the number of beds in guest rooms shall occupy an indoor area of not less than 4 square meters, and each bed shall not be less than 4 square meters.
Li Zerui believes that according to the above regulations, B&Bs and hotels must consider factors such as safety and hygiene when specifying room types, and register and check each room to ensure the availability and safety of each room. The size of the bed is specified, which means that there is a limit to the extra bed in the room. For example, if a room is designed to accommodate two people, but if there are more than two people, it is obviously beyond the room design, and the operator will be more responsible for potential risks such as ensuring the safety of customers. Failure to comply with these regulations may result in fines or other greater penalties. Therefore, it is not unreasonable to limit the number of people from the perspective of business safety requirements and ensuring safety. "Some cities will require the per capita usable space of guest rooms. For example, Article 4 of the Regulations on the Administration of Public Security in the Hotel Industry in Beijing stipulates that the per capita usable area in a guest room shall not be less than 4 square meters".
Does the refusal to receive guests at the hotel due to the number of occupants infringe on the legitimate rights and interests of consumers? In this regard, the lawyer said that as long as the operator prompts or publicizes the number of occupants, it does not infringe on the rights and interests of consumers.
According to the relevant provisions of the Law on the Protection of the Rights and Interests of People's Republic of China Consumers, consumers enjoy the right to safety, the right to know, the right to choose, the right to fair trade, the right to seek compensation, the right to association, the right to access knowledge, the right to respect, and the right to supervision. Among them, according to Article 16 of the Law on the Protection of the Rights and Interests of People's Republic of China Consumers, business operators providing goods or services to consumers shall perform their obligations in accordance with the provisions of this Law and other relevant laws and regulations. Where proprietors and consumers have an agreement, they shall perform their obligations in accordance with the agreement, but the agreement between the two parties must not violate the provisions of laws and regulations. Proprietors providing goods or services to consumers shall abide by social morality, operate in good faith, and protect the lawful rights and interests of consumers; Unfair or unreasonable trading conditions shall not be set, and transactions shall not be compulsory.
The hotel and the guests staying in the hotel form a hotel service contract relationship, and the hotel, as the operator, has the obligation to ensure the safety of the passengers' personal and property safety, the hotel can agree on the number of people staying in the room due to the maximum load of the building, the quality standards of the service and other factors. If the hotel has clearly agreed (including the announcement on the app) the limit on the number of people staying in the room before the contract is concluded or the consumer makes a reservation, the consumer has the right to choose to continue the reservation or change the hotel. Then, this situation does not belong to "setting unfair and unreasonable trading conditions" and cannot be determined to infringe on the rights and interests of consumers.
Li Zerui suggested that consumers should learn as much as possible about the relevant situation of the room before booking homestays and hotels, such as the size of the room, the number of guests, whether children and extra beds are allowed, free cancellation and reservation time, etc., and communicate in advance. At the same time, it is necessary to pay attention to whether the B&B, hotel, etc. have fulfilled sufficient reminders and publicity obligations, and if the booking commitment is different from the actual situation, you can contact the relevant departments and platforms for complaint resolution.
For more exciting information, please download the "Central Radio Network" client in the application market. Welcome to provide news clues, 24-hour hotline 400-800-0088; Consumers can also complain online through the "Woodpecker Consumer Complaint Platform" of CCTV. Copyright Notice: The copyright of this article belongs to CCTV, and it may not be reproduced without authorization. Please contact [email protected] for reprinting, we will be held accountable for not respecting the original.