Traditional Culture Encyclopedia - Hotel accommodation - How to compensate for the damage of hotel articles?
How to compensate for the damage of hotel articles?
There is a service relationship between hotels and consumers, and both parties to the contract are equal. When consumers stay in hotels or guesthouses, the compensation standard is not unilaterally decided by hotels and guesthouses. The compensation price should be based on the price of products purchased by the hotel or the actual sales price of similar products in the market, and the corresponding depreciation should be deducted for some consumables. If the hotel guest's articles are damaged, the responsible person shall compensate according to the actual value of the articles. Actual value refers to the actual value of the property when it is damaged. It is necessary to refer to the market value of the property and remove the depreciation caused by the use.
How to compensate for hotel 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's breach of contract causes losses to the other party, the compensation amount for code defects shall be calculated according to the method prescribed by law to compensate. 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.
Legal basis:
People's Republic of China (PRC) Civil Code
Article 238
Where the claim for compensation for damage to property rights infringes on property rights and causes damage to the obligee, the obligee may claim compensation for damage or bear other civil liabilities according to law.
Article 184
If the calculation method of property loss infringes on the property of others, the property loss shall be calculated according to the market price at the time of the loss or other reasonable methods.
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