Lawyer: There must be a legitimate reason and clear indication. Does the Youth Travel Service have the right to set a "threshold" for the age of 35? China Youth Travel Headquarters Responds to Youth Travel | Youth Hostel | Threshold
Recently, the topic of "Beijing's multiple youth travel agencies refusing to receive middle-aged people aged 35 and above" has become a hot topic on Weibo. Is this situation true? Can merchants request this? Has it had an impact on consumer rights?
There is indeed an age limit for youth tourism
Recently, a netizen posted a roast on a social networking platform, saying that many youth travel agencies in Beijing refused to receive middle-aged people over 35 years of age. "Many businesses on the platform refused to live in 35+, so it was easy to find a person who didn't have the requirement to comment on it, and even raised this condition when talking on the phone."
A netizen posted on a social media platform stating that some youth tourism companies in Beijing refuse to receive people over 35 years old.
Zhongxin Finance and Economics found on different platforms that many youth hostels in Beijing have indeed imposed restrictions on the check-in age of passengers. Most people under the age of 18 are not allowed to check in alone, and the age limit requirements vary. Some require being under 40, 50, or 60 years old, while others are relatively strict, refusing to receive guests over the age of 35.
Zhongxin Finance has noticed that the room types provided by youth travel agencies with age limits are generally shared by multiple people, including 4, 6, 8, and so on. The beds are mostly designed with upper and lower bunks. Some hostels directly indicate "Guests aged 18-35" on the room type selection page, while others indicate age limits on the details page.
During the process of calling merchants, Zhongxin Finance found that some youth travel agencies did not have too tight age restrictions. For example, a youth tourism company located in Chaoyang District, Beijing stated that if the guest's age is only 35 years or one or two years old, they can still check in normally. Another youth travel agency located in Haidian District, Beijing, stated that it can accept guests slightly over the age limit, but it is best to stay for a short period of time.
Merchant: Due to considerations of daily routine and safety
In response to the issue of age restrictions, some businesses have responded to China News Finance that the reason why people over 45 years old are not allowed to stay is because the beds in self operated hotels are mostly upper and lower bunks, and older people living in the upper bunk pose a safety hazard when the lower bunk is full. Especially for some individuals, they may also suffer from diseases such as hypertension, and it is particularly unsafe to use the restroom at night. "We are also a small business, and once an accident occurs, no one can bear this responsibility," said the service staff of the youth travel agency.
She also added that the residents of her own youth tourism are mostly job seekers, and the older group is prone to snoring, which affects others' sleep. These factors are also considered.
A Beijing youth tour in the room type clearly marked "18-35 years old".
The person in charge of a youth hostel also told China News Finance that most of the hotels are occupied by students. Generally, people in their forties and fifties have different lifestyles compared to young people, and long-term accommodation can easily lead to conflicts. At that time, customer complaints can also have an impact on the hotel. If there are not many people over the age of 35, or if they have lived for a short period of time, they can still be treated flexibly, but the overall age limit is still set at 35 years old.
Netizens also have different opinions on this matter. Some people understand the approach of youth tourism and believe that it is a commercial act. As long as it is notified in advance and not harshly criticized, it is like kindergarten not accepting day care for the elderly and nursing homes not accepting young people's accommodation. Some people also believe that the practices of youth tourism are age discrimination, and hotels are only temporary stops. As long as the guests themselves are easy to get along with, there is no need to set an age threshold.
Lawyer: Business operators must have legitimate reasons and clear reminders
Is it appropriate for the Youth Travel Service to do this?
Yan Bing, Senior Partner of Beijing Times Jiuhe Law Firm, told China News Finance that Article 4 of the Consumer Rights Protection Law of the People's Republic of China stipulates the principles of equality and fairness, and Article 14 stipulates the right of consumers to respect their personal dignity. These two legal provisions determine that operators shall not treat consumers differently without justifiable reasons.
Whether the refusal of customers aged 35 and above by the youth hostel in this incident is illegal depends on whether the operator has legitimate reasons. In Europe and America, youth hostels are mainly aimed at students and young people with weaker economic capabilities, providing them with affordable accommodation services. Compared to general hotels, the living conditions and facilities of youth hostels are usually relatively simple.
Yan Bing believes that some youth hostels in China are only used as a title, and their actual business strategies may not necessarily be targeted. If this is the case, the operator's refusal to accept customers over 35 years old may constitute illegal behavior.
If there are objective reasons why the involved hotel is not suitable for middle-aged and elderly residents, specific problems need to be analyzed. This is just like many amusement facilities are only open to children, or some amusement projects impose restrictions on the height, weight, or health status of participants, and seats near safety doors on airplanes can only be allocated to young and strong passengers. Therefore, the involved hotel needs to provide an explanation of the reasons for limiting the age of guests, and this reason needs to comply with the public order and good customs of society.
Yan Bing stated that even if youth hostels do have reasonable reasons to limit the age of guests, they still need to provide sufficient and clear prompts. This prompt should at least meet the standards of being prominently displayed in the business premises and clearly marked on the booking network platform to avoid consumer misunderstandings or neglect. Due to the lack of an objective and unified scale for this standard, reference can be made to the disclosure of restricted conditions by airlines and railway departments, or the reminder standards for the physical conditions of participants in amusement parks.
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China Youth Travel Headquarters responded that there is no age limit, but safety guidance is required
So, is it customary for netizens to refuse to receive middle-aged people over 35 years old, or is there really such a regulation?
In response to this, Ms. Yin Chen, CEO of China International Youth Hostel Headquarters, stated in an interview with Chao News that currently there are various types of youth hostels in China, but the certified ones are youth hostels with the "Blue Triangle" logo composed of small cabins and cedar trees. They have a unified brand and standard, and have become members of the 113 year old International Youth Hostel Alliance through the YHA China brand network.
The "Blue Triangle" logo of the International Youth Hostel
"According to the regulations of the International Youth Hostel Alliance, hostels are open to anyone who believes they have a youthful heart, which means that youth hostels cannot have age discrimination." Yin Chen said, but at the same time, hostels also require guests staying in youth hostels to abide by the rules of youth hostels, such as cultural tolerance, equal exchange, practicing environmental protection, and caring for others. At the same time, youth hostels reserve the right to adjust housing arrangements based on the age of guests. For example, considering that it is inconvenient for older guests to wake up at night, single or standard rooms with independent bathrooms are generally arranged, and upper and lower bunk dormitories are not arranged. In addition, youth hostels also have the right to refuse to receive guests who refuse to comply with normal hotel regulations and engage in misconduct.
The operational requirements for hostels on the official website of China International Youth Hostel Headquarters
Regarding some youth hostels on the hot search, Yin Chen commented that this situation indicates two issues: firstly, this is definitely not a youth hostel under the YHA brand; Secondly, it indicates that the tourism market has been booming recently, and operators have responded to a market that is in short supply. "There are many young people who go out to play during the summer vacation, and they may feel that if older people and young people who enjoy parties at night are together, it will affect the experience of both parties. After all, as the name suggests, the standard of a 'youth hostel' is set according to the needs of young people. Yin Chen said that the check-in regulations of YHA Youth Hostel require customers to be informed in advance when making reservations.".
It is reported that the headquarters of China International Youth Hostel is located in Guangzhou under the authorization of the International Youth Hostel Alliance. It is responsible for the development and coordination of youth hostels in Chinese Mainland, and implements the intellectual property protection of international youth hostels in the region on behalf of IYHF.