Traditional Culture Encyclopedia - Hotel reservation - How to compensate for missing a dish in a restaurant?
How to compensate for missing a dish in a restaurant?
How can the hotel compensate for missing a dish at the wedding banquet? Brief introduction to the case: Mr. Zhang, a consumer, complained: In March this year, his son held a wedding banquet at a hotel in Wushen Banner, Ordos City, and he reported to the hotel one week in advance. Fang booked 31 banquet tables and paid a deposit of 20,000 yuan in advance. However, on the day of the wedding banquet, the hotel did not serve the dishes according to the pre-agreed menu, but one dish was missing, which destroyed the beautiful meaning of the menu. Mr. Zhang believed that the hotel's approach not only violated the agreement between the two parties, but also seriously damaged the beautiful meaning he had in arranging the menu. Therefore, he asked the hotel not only to refund the missing dishes, but also to refund 20,000 yuan in dining fees as compensation, so he refused to pay. The hotel said it couldn't accept it. Lawyer’s answer: According to Article 48 of the new Consumer Law: If an operator provides goods or services under any of the following circumstances, unless otherwise provided in this law, it shall bear civil liability in accordance with the provisions of other relevant laws and regulations: ( 6) The quantity of goods sold is insufficient; (7) The content and cost of services violate the agreement; (8) Repair, redo, replace, return, replenish the quantity of goods, refund payment and service fees, or compensate for losses proposed by consumers If the operator intentionally delays or unreasonably refuses the request; if the operator causes harm to consumers, he shall bear tort liability. Therefore, the hotel should compensate Mr. Zhang for his losses. According to the punitive provisions of Article 55 of the new "Consumer Law": If an operator commits fraud in providing goods or services, it shall increase compensation for the losses suffered by the consumer at the request of the consumer. The amount of the increased compensation shall be the price of the consumer's purchase of the goods or Three times the cost of receiving services; if the amount of additional compensation is less than 500 yuan, it will be 500 yuan. When Mr. Zhang asks the hotel to refund the missing food, he also has the right to ask the hotel to compensate him for his losses at three times the price of the missing food. According to the relevant provisions of the Civil Code, it can be seen that if the two parties enter into a contract, the hotel's behavior is incomplete performance, which means that although the debtor has performed, there are defects in the quantity, quality, method, location, etc. of the performance. Compensation can be made according to a pre-agreed calculation method for the amount of compensation resulting from one party's breach of contract, or by paying a certain amount of money to the other party, or by calculating the amount of compensation in accordance with the methods prescribed by law. We would like to remind consumers that when making banquet reservations, they must sign a detailed contract and verify the performance of the contract in a timely manner so that they can effectively protect their rights in the event of a dispute. The above is a summary of the answers to this question. If you still have any questions, please feel free to consult us.
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