How to compensate for the liquidated damages when the hotel reservation is cancelled by the merchant?

If you can claim compensation for breach of contract, the breaching party should double the deposit, the hotel should refund the service fee, and if it causes losses to consumers, it should be liable for compensation;

Law on the Protection of Consumers' Rights and Interests (revised on 20 13) Article 52 Where 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 107 of the Contract Law, if a party fails to perform its contractual obligations or fails to perform the contractual obligations in conformity with the agreement, it shall be liable for breach of contract such as continuing to perform, taking remedial measures or compensating for losses.

Article 108 If one 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 performance period. ?

Extended data:

According to the contract law:

Clause 1 14 of the Contract Law stipulates that the parties may agree that one party shall pay a certain amount of liquidated damages to the other party according to the situation of breach of contract, or may agree on the calculation method of the compensation amount for losses caused by 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 1 14 of the Contract Law 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.

Reference source: Baidu Encyclopedia-liquidated damages