What are the main ways to bear the liability for breach of contract in hotel service contracts?

The main ways to bear the liability for breach of contract stipulated in the Contract Law are: 1, continuing to perform, that is, when the debtor fails to perform the contractual obligations, the creditor may request the people's court or arbitration institution to force the debtor to actually perform the contractual obligations. 2. Remedial measures refer to that the debtor's performance of the contractual obligations is not in conformity with the agreement, and the creditor may require the debtor to take remedial measures according to the performance of the contract while requesting the people's court or arbitration institution to force the debtor to actually perform the contractual obligations. 3. Compensation for damages.

1. What are the ways to bear the liability for breach of contract in the contract?

The ways to bear the liability for breach of contract stipulated in the Contract Law mainly include:

(1) Continue execution.

Continued performance, also known as actual performance, means that when the debtor fails to perform his contractual obligations, the creditor may request the people's court or arbitration institution to force the debtor to actually perform his contractual obligations.

The contract law stipulates that if one party fails to pay the price or remuneration, the other party may require it to pay the price or remuneration. If one party fails to perform the non-monetary debt or the performance of the non-monetary debt does not conform to the agreement, the other party may request to continue the performance, except in any of the following circumstances:

(1) is legally or practically impossible to perform; (two) the subject matter of the debt is not suitable for compulsory performance or the cost of performance is too high; (3) The creditor fails to demand performance within a reasonable time limit.

(2) Remedial measures

Remedial measures refer to the remedial measures that the debtor fails to perform the contractual obligations, and the creditor can request the debtor to take according to the performance of the contract while requesting the people's court or arbitration institution to force the debtor to actually perform the contractual obligations.

"Contract Law" stipulates that if the parties perform their contractual obligations and the quality does not meet the agreement, they shall bear the liability for breach of contract in accordance with the agreement of the parties. If the liability for breach of contract is not stipulated or clearly stipulated, 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) damages

If one party fails to perform its contractual obligations or fails to meet the contract obligations, and the other party has other losses after performing its obligations or taking remedial measures, it shall be liable for damages. The specific ways of compensation for damages include compensation for losses, payment of liquidated damages and application of deposit penalty.

1, compensate for the loss. 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 has foreseen or should have foreseen at the same time when concluding the contract. The parties may stipulate in the contract the calculation method of the compensation for breach of contract.

Business operators who provide commodities or services to consumers are fraudulent shall be liable for damages in accordance with the provisions of the Law on the Protection of Consumer Rights and Interests, that is, they shall be liable for double indemnity according to the price of purchasing commodities or the cost of receiving services.

After one party breaches the contract, the other party shall take appropriate measures to prevent the loss from expanding; If appropriate measures are not taken to expand the losses, no compensation shall be claimed for the expanded losses. The reasonable expenses incurred by the parties to prevent the loss from expanding shall be borne by the breaching party.

2. Pay liquidated damages. Liquidated damages are a certain amount of money that one party should pay to the other party according to the agreement of the parties or the law. If the agreed liquidated damages are excessively higher or lower than the losses caused, the parties may request the people's court or arbitration institution to appropriately reduce or increase them. If the parties concerned pay liquidated damages for delayed performance, the breaching party shall also perform the debt after paying the liquidated damages.

According to the Interpretation of Commercial Housing Sales Contract, if the parties demand a reduction on the grounds that the agreed liquidated damages are too high, they should appropriately reduce them on the grounds that the liquidated damages exceed 30% of the losses caused; If the parties demand an increase on the grounds that the agreed liquidated damages are lower than the losses caused, the amount of liquidated damages shall be determined according to the losses caused by the breach of contract.

3. deposit. If the parties agree on both the liquidated damages and the deposit in the contract, when one party breaches the contract, the other party may choose to apply the liquidated damages or the deposit clause, but not both.

Second, the situation of fundamental breach of contract.

1, refused to execute.

Refusal to perform means that after the expiration of the contract performance period, one party refuses to perform all the obligations stipulated in the contract without justifiable reasons. If one party refuses to perform the contract, the other party has the right to require it to continue to perform the contract, and has the right to require it to bear liquidated damages and damages.

2. Delay in performance

Delayed performance means that the performance of the parties to a contract violates the provisions of the time limit for performance. In the case of delayed performance, the non-breaching party has the right to demand the breaching party to pay the liquidated damages for delayed performance, and if it is not enough to make up for the losses, it also has the right to demand compensation for the losses.

3. Improper performance

Improper performance means that the subject matter delivered by the parties does not meet the quality requirements agreed in the contract, that is, the performance is defective. Article11of the Contract Law stipulates that if the quality does not conform to the agreement, it shall bear the liability for breach of contract in accordance with the agreement of the parties. If the liability for breach of contract is not stipulated or clearly stipulated and cannot be determined according to the provisions of Article 61 of this Law, the injured party may reasonably choose to require 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.

4. Partial performance

Partial performance refers to the performance of the contract, but the performance does not meet the requirements of quantity, or the performance is insufficient. In the case of partial performance, the observant party has the right to demand the defaulting party to pay all the money as agreed, and also has the right to demand payment of liquidated damages. If it is not enough to make up for the losses, it also has the right to demand compensation for the losses.

There are many cases of breach of contract, which may be contracting fault, early breach of contract, fundamental breach of contract and so on. There are four kinds of fundamental breach of contract, namely, refusal to perform, delayed performance, improper performance and partial performance. In addition, in the process of contract performance, the right of defense will also arise with the right of claim, including the right of defense to perform at the same time, the right of defense to perform first and the right of defense to be uneasy.