Traditional Culture Encyclopedia - Hotel accommodation - Resell the hotel room to someone else. Who will pay if someone else breaks the hotel stuff?
Resell the hotel room to someone else. Who will pay if someone else breaks the hotel stuff?
The hotel will definitely need to compensate if it transfers the reserved house to someone else. After booking the house, it means that both parties have reached an agreement and each needs to perform their own obligations. If one party breaches the contract, it will be regarded as a breach of contract. The party is required to bear corresponding liability for compensation.
Does the hotel need to compensate if it transfers the reserved room to someone else?
1. Does the hotel need to compensate if it transfers the reserved room to someone else?
The hotel needs to compensate if it transfers the reserved room to someone else. When a hotel signs a contract with a customer, the parties concerned shall fully perform their obligations in accordance with the agreement. If the hotel transfers the reserved room to another person, it is a breach of contract and it shall bear the liability for breach of contract such as continuing to perform, taking remedial measures, or compensating for losses.
2. What are the five ways to bear liability for breach of contract?
1. Actual performance
Actual performance is the main remedy. If one party breaches the contract, the other party can require it to perform or request the court to judge that it performs specific obligations stipulated in the contract, and It is not allowed to use money or other methods in lieu of performance.
2. Take remedial measures
3. Compensate for losses
Also known as "damages", it is the compensation for the breach of contract and the compensation for the victim's suffering due to the breach of contract. Liability for losses is the most important and common remedy for breach of contract.
4. Payment of liquidated damages
Liquidated damages refer to a certain amount of money that the parties to a contract agree to pay to the other party when the contract debtor fails to perform or improperly performs its contractual obligations. of money. The parties may stipulate liquidated damages in the contract. If no liquidated damages are agreed upon, liability for liquidated damages will not arise, and the stipulated liquidated damages should not be too high or too low. If the reference standard for liquidated damages is too high or too low, the parties have the right to request a highway.
5. Deposit penalty
The parties may agree on a deposit, which shall be implemented in accordance with the provisions of the Civil Code. However, if both a deposit and liquidated damages are agreed upon at the same time, the parties may choose to apply one to the other.
Based on what has been said above, if you enter into an agreement with others, you will not be liable for breach of contract, unless the agreement cannot be completed due to force majeure factors. If it is due to other reasons, transfer the hotel to others, Then this situation definitely requires corresponding compensation, so when dealing with it, it needs to be judged based on different situations.
Legal basis:
Article 582 of the "People's Republic of China and Civil Code"
If the performance does not comply with the agreement, the parties shall liability for breach of contract. If there is no agreement on the liability for breach of contract or the agreement is unclear, and it cannot be determined in accordance with the provisions of Article 510 of this Law, the injured party may reasonably choose to request the other party to bear the responsibility for repair, rework, or replacement based on the nature of the subject matter and the magnitude of the loss. Liabilities for breach of contract such as returns, reduction of price or remuneration, etc.
Article 1165
If an actor causes damage due to his fault in infringing upon the civil rights and interests of others, he shall bear tort liability.
According to legal provisions, it is presumed that the actor is at fault and if he cannot prove that he is not at fault, he shall bear tort liability.
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