First, the hotel breach of contract compensation standard
In the hotel reservation contract, generally speaking, the consumer pays the relevant deposit. If the consumer breaches the contract, the deposit can be used for compensation. However, if the hotel breaches the contract, consumers can ask for the double indemnity deposit of the hotel, and if it causes great losses to consumers, they can claim compensation according to 30%.
Article 52 of the Law on the Protection of Consumers' Rights and Interests, if a business operator provides goods or services, causing damage to consumers' property, it shall bear civil liabilities such as repairing, redoing, replacing, returning goods, making up the quantity of goods, returning the payment for goods and services or compensating for losses in accordance with the law or the agreement of the parties.
According to Article 577 of the General Principles of the Civil Law, if a party fails to perform its contractual obligations or fails to meet the contract obligations, it shall bear the liabilities for breach of contract such as continuing to perform, taking remedial measures or compensating for losses.
Article 578 Where a party expressly expresses or shows by his own behavior that he will not perform his contractual obligations, the other party may require him to bear the liability for breach of contract before the expiration of the time limit for performance.
According to the Civil Code:
Paragraph 1 of Article 585 of the Civil Code stipulates that when one party breaches the contract, it shall pay a certain amount of liquidated damages to the other party, and may also agree on the calculation method of damages for breach of contract. Therefore, liquidated damages are punitive, not based on the premise that the non-breaching party suffers losses.
Generally speaking, the upper limit of the contract penalty is not more than 30% of the actual loss. But if it is too high or too low, you can ask the court to reduce or increase it.
Paragraph 2 of Article 585 of the Civil Code stipulates that if the agreed liquidated damages are lower than the losses caused, the parties may request the court to increase them; If the agreed liquidated damages are excessively higher than the losses caused, the parties may request the court to reduce them appropriately.
However, liquidated damages are an estimate of the possible losses caused by one party's breach of contract when signing the contract, which is not completely consistent with the actual losses of the observant party after breach of contract; Therefore, it can be decided by the judge.
The law stipulates that liquidated damages not only exert psychological pressure on the parties, but also avoid the trouble of calculating the loss and proving the size of the loss after breach of contract, so that the parties can quickly determine their specific responsibilities. Therefore, if the parties need the court to increase the amount of breach of contract, or the liquidated damages are too higher than the losses, they need to bear the responsibility of proving the size of the losses.
Second, how should the hotel compensate for the breach of contract?
1, agreed compensation
When concluding a contract, the parties to the contract agree in advance on the calculation method of compensation arising from one party's breach of contract or pay a certain amount of money to the other party. Because it is difficult to determine the scope of loss when concluding a contract, the compensation calculation method agreed by both parties to the contract is not a fixed amount of compensation. However, the agreed compensation generally exceeds 30% of the actual loss and is not supported.
2. Statutory compensation
It means that when one party breaches the contract and causes losses to the other party, the compensation amount is calculated according to the method stipulated by law. The laws mentioned here include both contract law and other laws and regulations on compensation for breach of contract. In the case that the parties have not agreed on compensation or liquidated damages in advance, legal compensation is generally adopted. In the absence of compensation agreed by the parties, some laws also stipulate the compensation limit, mainly the maximum compensation limit for the carrier in the transportation contract. If this limit is exceeded, the breaching party shall not be liable for compensation.
Calculation formula: The amount of compensation for losses of the breaching party is limited by the actual losses, available benefits and foreseeable rules of losses.
Article 1 14 of People's Republic of China (PRC) Contract Law.
Liquidated damages The parties may agree that when one party breaches the contract, it shall pay a certain amount of liquidated damages to the other party according to the situation of the breach, and may also agree on the calculation method of the amount of compensation for losses caused by the breach.
If the agreed liquidated damages are lower than the losses caused, the parties may request the people's court or arbitration institution to increase them; If the agreed liquidated damages are excessively higher than the losses caused, the parties may request the people's court or arbitration institution to reduce them appropriately.
If the parties concerned pay liquidated damages for delayed performance, the breaching party shall also perform the debt after paying the liquidated damages.
Third, what is a breach of contract?
Breach of contract refers to one or both parties' violation of contractual obligations, obligations directly stipulated by law and obligations required by legal principles and spirit. One party's breach of contract will often cause losses to the other party and even fail to achieve the purpose of the contract. Therefore, the breaching party should bear the responsibility for breach of contract.
The above is the relevant legal knowledge about "hotel breach compensation standard". Generally speaking, the upper limit of the contract penalty is not more than 30% of the actual loss. But if it is too high or too low, you can ask the court to reduce or increase it.