Can Hotels Reject Foreigners?

Welcome back to another episode of Law In A Minute. I am your host Edgar Choi. Today’s topic is such a highly debated and controversial topic that I have seen heated arguments on many wechat groups on this topic, so I decided to make this video to express my opinion on the matter.

I will analyse why this interesting phenomenon exists in China, whether or not hotels and businesses have the right to reject guests, and what you can do it you are denied a stay in a hotel.

There is a law in China called the Public Security Management Law for the Hotel Industry that was issued in 1987 where article 6 states that hotels have to register all of their guests in the public security system. For Chinese citizens, we slap our ID card on a machine and a camera scans our face.

However, for foreigners, the hotel staff have to log on to a system and manually input the details of the foreigner into the system. That is where trouble comes along. If you are in a small city, they probably haven’t done this before and will tell you that the government does not allow them to take foreigners. This is false. It’s just that the staff do not know how to register you, do not have access to the online registration system, or just aren’t bothered to go through the hassle of doing it manually. Hey, not his own money that he is losing right?

So now we come to the question of whether or not hotels or businesses in general can reject guests. The answer is certainly yes. When you stay at a hotel, eat at a restaurant or get some drinks at a bar, you enter a contractual relationship with the service provider even when you don’t actually sign a contract with them. Any business can reject entering a contractual relationship with a customer without any specific reason. It can be because they do not have English speaking staff to cater to you and are afraid that you might have a bad experience there, or because you are not in the correct attire if they are a posh restaurant, or because they just don’t feel like it.

Unlike a government office, the premises of a business are private so they get to choose who can enter and who cannot. Their house, their rules. You get to choose who can enter your apartment since you have paid for the rent or bought it. Therefore, you can request to stay at their premise for a night in exchange of paying them money, and they can choose to accept or refuse. You have the right apply to study at Oxford as many times you want, and Oxford is not legally obligated to take you in as a student. I could apply to be the mayor of Shanghai, but I think no matter how many times I apply, I will get the cold shoulder. It is as simple as that.

If you are unfortunate enough to be rejected by a hotel, the solution is very simple. Simply take a 180 degree turn, and walk out. Ask for a full refund of your money if you have already paid for lodgings, and take your money somewhere else. If you already have a booking, you can ask the hotel to pay for your alternative lodging. I am sure Marriott, Hilton and Park hotel will gladly register you and offer you a room for the night, with a complimentary serving of fresh fruit.