How much liquidated damages can a hotel wedding banquet generally compensate?

Generally, the amount of compensation for breach of contract for wedding banquets in hotels will vary according to the specific circumstances. The following is a detailed analysis: the maximum compensation for breach of the wedding contract is 30% of the total contract amount. The two parties who sign the contract are the parties who perform the contractual obligations, and any party who fails to perform the contractual obligations is the breaching party. The breaching party will pay the liquidated damages according to the amount of breach agreed in the contract, or compensate the losses according to the actual losses of the parties.

1. 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 breach of contract, or they may 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.

2. Generally speaking, the upper limit of the contract penalty shall not exceed 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.

3. The market price as the basis for calculating the loss amount should generally be the market price of the place of performance. If there is no market in the place of performance, it is difficult to determine the objective market price. In this case, the market price of the place where the buyer is most likely to buy the substitute plus reasonable transportation expenses should be used as the basis for calculating the loss.

Forms of liability for breach of contract:

1. Continued performance, also known as compulsory performance, refers to the way that the court forces the defaulting party to continue to perform the contract debts when the defaulting party fails to perform the contract.

2. If remedial measures are taken and the liability for breach of contract is not agreed or clearly agreed, the injured party may reasonably choose to ask the other party to bear the liability for breach of contract such as repair, replacement, rework, return, price reduction or remuneration according to the nature of the subject matter and the size of the loss.

3. Compensation for losses, that is, when the debtor fails to perform the contractual debts, it shall compensate the creditors for the losses suffered according to law.

4. Deposit liabilities. After the debtor performs the debt, the deposit shall be used as the price or recovered. If the party paying the deposit fails to perform the agreed debt, it has no right to demand the return of the deposit; If the party receiving the deposit fails to perform the agreed debt, it shall return the deposit twice.

5. The liability for breach of contract, also known as liquidated damages, is directly stipulated by the parties or the law. When one party fails to perform the contract, it pays a certain amount of money to the other party, which can also be expressed as property with certain value.

A contract can be breached, but it needs to bear the responsibility for breach of contract. As long as the contents of the contract are true and both parties to the contract have full capacity to sign the contract voluntarily, then the contract has legal effect when both parties sign it, without notarization.

Legal basis:

Article 510 of the Civil Code of People's Republic of China (PRC) * * After the contract comes into effect, the parties have not agreed or clearly agreed on the quality, price or remuneration, place of performance, etc. They can supplement the agreement; If a supplementary agreement cannot be reached, it shall be determined in accordance with the relevant provisions of the contract or trading habits.