Traditional Culture Encyclopedia - Hotel franchise - How to compensate the hotel for breach of contract at the wedding banquet hotel?
How to compensate the hotel for breach of contract at the wedding banquet hotel?
The liability for breach of contract in a hotel wedding contract is: payment of liquidated damages, compensation for losses, pursuit of legal liability, etc. The signing of a hotel wedding contract needs to be handled by both parties after reaching an agreement through negotiation, and when there is a breach of contract by one party , obviously need to bear the above liability for breach of contract.
1. What is the liability for breach of contract in a hotel wedding contract? 1. Legal liability: Article 119 of the "People's Republic of China and Civil Code", a contract established in accordance with the law has legal liability for the parties Binding. The parties shall perform their obligations in accordance with the agreement and shall not change or terminate the contract without authorization. Unilateral termination of the contract without authorization violates the relevant provisions of the Civil Code and shall bear corresponding legal liability for its breach of contract. 2. Compensation for losses: Article 584 of the Civil Code, if one party fails to perform its contractual obligations or performs its contractual obligations inconsistently with the agreement, causing losses to the other party, the amount of compensation shall be equal to the losses caused by the breach of contract, including the contractual obligations. The benefits that can be obtained after performance; however, they shall not exceed the possible losses that the breaching party foresees or should have foreseen when entering into the contract. 3. Liquidated damages: Article 585 of the Civil Code stipulates that the parties may agree that when one party breaches the contract, it shall pay a certain amount of liquidated damages to the other party based on the circumstances of the breach, and may also agree on a method for calculating the amount of compensation for losses arising from the breach of contract. If the agreed liquidated damages are lower than the losses caused, the People's Court or the arbitration institution may increase it at the request of the parties; if the agreed liquidated damages are excessively higher than the losses caused, the People's Court or the arbitration institution may appropriately reduce it at the request of the parties. If the parties agree on liquidated damages for delayed performance, the defaulting party shall also perform its debts after paying the liquidated damages. 4. Disputes over breach of contract: Article 24 of the "Civil Procedure Law of the People's Republic of China" stipulates: Litigation arising from contract disputes shall be under the jurisdiction of the people's court of the place where the defendant is domiciled or where the contract is performed.
2. What are the constituent elements of liability for breach of contract 1. There must be an act of non-performance or incomplete performance of contract obligations. Liability for breach of contract may arise only when there is a fact of breach of contract, and the party fails to perform or incompletely performs its obligations. Fulfillment of contractual obligations is an objective element of liability for breach of contract. Breach of contract includes the following situations: (1) Refusal to perform. The refusal of the parties to a contract to perform the contract is also called breach of contract, which refers to the situation where the parties do not perform all the obligations stipulated in the contract; (2) Incomplete performance, also called partial performance, means that the parties only perform part of the obligations stipulated in the contract and fail to perform the remaining parts; ( 3) Delayed performance, also known as overdue performance, means that the parties perform their obligations beyond the time limit stipulated in the contract. In the case where the contract has no fixed time limit, if the creditor requires performance, the debtor's failure to perform within a reasonable period also constitutes delay in performance; (4) Quality defect means that the subject matter of the contract performed fails to meet the quality requirements of the contract. For quality defects, the obligee shall raise objections within the statutory time limit, otherwise, he shall bear the consequences himself; (5) Improper performance means that the obligor of the contract fails to perform his obligations according to the performance method stipulated in the contract. 2. The party's breach of contract caused damage to the other party. The damage to the party means that the party's breach of contract caused property damage and other adverse consequences to the other party. From the perspective of rights, as long as there is a breach of contract, the rights of the contract creditor cannot be realized or cannot be fully realized, and its losses have been incurred. When the defaulter pays liquidated damages, it is not necessary to consider whether the other party has actually suffered damage and the extent of the damage; but when it is necessary to pay compensation, the actual damage suffered by the party must be considered. 3. There is a causal relationship between the breach of contract and the damage result. The liability of the breaching party is limited to the losses caused to the other party due to its breach of contract. Naturally, the breaching party has no obligation to compensate for other losses suffered by the other party to the contract. Damage caused by breach of contract includes direct damage and indirect damage, and the defaulter must compensate for both types of damage.
The above are the specific situations of breach of contract for hotel weddings in our country's law. The handling of related matters should be strictly based on the actual contract matters. If the handling of the relevant situations is unclear, or there is an objection to the content of the wedding contract, Then you can negotiate or apply for arbitration.
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