What should I do to book a banquet hotel? No contract.

Have the right to ask for the continued performance of the contract, or ask the other party to double the deposit or ask the other party to bear the liability for breach of contract in accordance with the contract.

First, how to compensate for the breach of contract at the wedding banquet?

Article 585 of the Civil Code

Liquidated damages The parties may agree that one party shall pay a certain amount of liquidated damages to the other party in case of breach of contract, and may also agree on the calculation method of compensation for various losses caused by breach of contract.

If the agreed liquidated damages are lower than the losses caused, the people's court or arbitration institution may increase the liquidated damages at the request of the parties; If the agreed liquidated damages are excessively higher than the losses caused, the people's court or arbitration institution may appropriately reduce them at the request of the parties.

If the parties concerned pay liquidated damages for delayed performance, the breaching party shall also perform the debt after paying the liquidated damages.

Second, how to calculate the contract penalty?

1. Matters needing attention in liquidated damages agreement

1), based on the total contract amount or other certain amount, determine a certain percentage as liquidated damages;

2) According to the time when the other party fails to perform its obligations, the liquidated damages shall be calculated continuously at a fixed amount or proportion on a regular basis.

2. Losses caused by excessive liquidated damages.

1). If the liquidated damages are excessively higher than the actual losses, the breaching party may request the court to appropriately reduce the payment ratio of liquidated damages.

3. Losses caused by low liquidated damages.

1). If the agreed penalty ratio is too low, which makes it impossible to make up for the actual losses of the observant party, the observant party may also request an increase in the penalty amount or claim compensation for the losses separately.

4. The jurisprudence that the court decides to increase or decrease the liquidated damages.

1), because the increase or decrease of liquidated damages has a great relationship with the judge's discretion, therefore, if the law stipulates that the parties claim that the agreed liquidated damages are too high and request an appropriate reduction, the court shall take the actual losses as the basis, comprehensively consider the comprehensive factors such as the performance of the contract, the fault degree of the parties, the expected interests, etc., and make a ruling according to the principles of fairness, honesty and credibility.

5. Double refund or non-refund of deposit in case of breach of contract.

1), in addition to the liquidated damages, the contract often stipulates a certain amount of deposit (not higher than 20% of the total contract price).

2) If the other party breaches the contract, the observant party may also require the other party to bear the responsibility of deposit. When performing the contract normally according to law, the deposit shall be taken as the price or recovered.

(3) If the party paying the deposit fails to perform the agreed debts, it has no right to demand the return of the deposit; If the party receiving the deposit breaches the contract and fails to perform the agreed debts, it shall return the deposit twice.

4) Compared with the liquidated damages, since the deposit is actually paid when signing the contract, it is clear and simple to investigate the other party's liability for breach of contract with the liquidated damages of the deposit, which has relative advantages and convenience compared with the liquidated damages.

5) When two kinds of liabilities for breach of contract coexist, you can choose one of them to exercise your rights according to the actual situation.

Three, the consequences of the contract does not pay liquidated damages

If one party breaches the contract, the observant party requires the defaulting party to bear the liability for breach of contract, and the agreed liquidated damages are "lower" than the actual losses, the observant party may bring a lawsuit to the court to request an increase in liquidated damages; If the agreed liquidated damages are "excessively" higher than the actual losses, the defaulting party may bring a lawsuit to the court to reduce the liquidated damages.

According to Article 584 of the General Principles of the Civil Law, if one party fails to perform its contractual obligations or fails to perform its contractual obligations as agreed, thus causing losses to the other party, the amount of damages shall be equivalent to the losses caused by the breach of contract, including the benefits that can be obtained after the performance of the contract, but shall not exceed the losses that the breaching party foresaw or should have foreseen when concluding the contract. If you refuse to pay the liquidated damages, the other party to the contract can sue you for breach of contract.

Therefore, from the full text, we can know that the upper limit of liquidated damages in the wedding banquet contract is stipulated in Article 585 of the Civil Code, because both parties can stipulate liquidated damages in the contract, and if the parties delay the performance of the agreed liquidated damages for some reason, they must also fulfill their obligations of breach of contract after paying the liquidated damages.

I hope the above content can help you. Please consult a professional lawyer if you have any other questions.

Legal basis: Civil Code of People's Republic of China (PRC).

Article 577 Where a party fails to perform its contractual obligations or fails to perform its contractual obligations in conformity with the contract, it shall be liable for breach of contract such as continuing to perform, taking remedial measures or compensating for losses.

Article 578 Where a 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 time limit for performance expires.

Article 579 If one party fails to pay the price, remuneration, rent or interest, or fails to perform other monetary obligations, the other party may demand payment.