Which department should the hotel look for to solve the breach of contract?

Hotel breach of contract can complain to the industrial and commercial bureau, the public security bureau and the court. In case of default, you should know the following points:

1. It is suggested to bring a lawsuit to the court as soon as possible. Once the statute of limitations is exceeded, the right to win the lawsuit is lost;

2. After winning the case, if the other party fails to perform the court judgment during the performance period, it may apply to the court for enforcement;

3. After accepting the enforcement, the court will inquire about the property, vehicles, securities and deposits under the debtor's name according to law;

4. Refusing to execute a judgment or ruling is suspected of refusing to execute a judgment or ruling.

What if the hotel breaches the contract?

1。 consult

On the basis of friendship, both parties to the contract can resolve disputes through mutual consultation, which is the best way.

2。 indirect

If the parties to a contract fail to reach an agreement through consultation, they may request the relevant institutions to mediate. For example, if one or both parties are state-owned enterprises, they can seek mediation from higher authorities. Higher authorities should clearly distinguish right from wrong and mediate on the basis of equality, rather than administrative intervention. The parties may also request the contract management authority, arbitration institution and court. To mediate.

3。 Conduct arbitration

If the parties to a contract fail to negotiate and are unwilling to mediate, they may apply to an arbitration institution for arbitration according to the arbitration clause agreed in the contract or the arbitration agreement reached by both parties after the dispute occurs.

4。 lawsuit

If there is no arbitration clause in the contract and no arbitration agreement is reached afterwards, the parties to the contract may submit the contract dispute to the court for judicial settlement. In addition to the above general characteristics, some contracts also have their voluntary characteristics, such as foreign-related contract disputes, which can be resolved by referring to foreign laws rather than the relevant contract law in China.

What is the right to sue for breach of contract?

1。 If the contract has not been actually performed and the domicile of both parties is not at the place of performance as agreed in the contract, the lawsuit arising from the contract dispute shall be under the jurisdiction of the people's court of the defendant's domicile.

2。 If the parties to a purchase and sale contract agree on the place of delivery in the contract, the agreed place of delivery shall be the place of performance of the contract; If there is no agreement, the place of performance of the contract shall be determined according to the mode of delivery: if the mode of delivery is adopted, the place of delivery of the goods shall be the place of performance of the contract; For self-delivery, the place of delivery is the place where the contract is performed; The consignment or delivery of timber and coal shall be carried out at the place where the goods are shipped.

Where the actual place of performance of a purchase and sale contract is inconsistent with the delivery place agreed in the contract, the actual place of performance shall be the place of performance of the contract.

3。 The place of performance of a processing contract is the place of processing, unless the contract stipulates the place of performance.

4。 Property lease contracts and financial lease contracts take the leased property as the place of performance, unless there is an agreement on the place of performance in the contract.

5。 The compensation trade contract shall be performed at the place where the investor's main obligations are performed.

6。 The agreement in a written contract stipulated in Article 25 of the Civil Procedure Law refers to the jurisdiction clause agreed in the contract or the choice of jurisdiction agreement reached before litigation.

7。 If the parties to a contract have an unclear agreement on the choice of jurisdiction or choose two or more people's courts as stipulated in Article 25 of the Civil Procedure Law, the agreement on the choice of jurisdiction shall be invalid, and the jurisdiction shall be determined in accordance with the provisions of Article 24 of the Civil Procedure Law.

8。 Where the subject matter of insurance is means of transport or goods in transit, a lawsuit brought over an insurance contract dispute shall be under the jurisdiction of the people's court of the defendant's domicile or the place where the means of transport is registered, the destination of transport or the place where the insurance accident occurred.

9。 The people's courts in the places where the products are manufactured, sold, infringed and the defendant's domicile have jurisdiction over lawsuits brought by unqualified products that cause property or personal injury to others.

10。 Disputes over railway transport contracts and infringement disputes related to railway transport shall be under the jurisdiction of the railway transport court.

I hope the above content can help you. If in doubt, please consult a professional lawyer.

Legal basis:

Article 577 of the Civil Code of People's Republic of China (PRC)

If one party fails to perform the contractual obligations or fails to meet the contractual obligations, it shall be liable for breach of contract, such as continuing to perform, taking remedial measures or compensating for losses.