Traditional Culture Encyclopedia - Hotel reservation - Compensation standard for liquidated damages for hotel reservation
Compensation standard for liquidated damages for hotel reservation
If the seller can't prove the losses suffered and the buyer claims that the liquidated damages are too high, then the buyer can seek legal help and apply for adjusting the liquidated damages, and the court will make certain adjustments according to the actual losses caused by the observant party. Paying liquidated damages is indeed a bit high. You can negotiate with the developer. If negotiation fails, you can seek legal help. Whether the execution of liquidated damages should be strictly in accordance with the contract can be determined by the buyer and the seller through consultation according to their own wishes, but if there is any dispute, it may not be completely executed in accordance with the agreed amount. Because the liability for breach of contract in China's contract law is a kind of compensation, only to make up for the loss, not a punitive liquidated damages. Therefore, if the liquidated damages agreed in the contract are too high or too low, they can be adjusted with reference to the actual losses. Specifically, if the liquidated damages agreed in the contract are higher than 30% of the actual losses, it is considered that the liquidated damages are too high and need to be appropriately reduced; If the liquidated damages agreed in the contract are lower than the actual losses, the observant party may claim the liquidated damages, or demand the defaulting party to compensate the part where the liquidated damages are insufficient to make up for the losses, that is, increase the liquidated damages according to the actual losses.
What should I pay attention to when booking a hotel online?
1. Hotel rooms are generally reserved until 6 pm on the day of reservation, and may be reserved until 5 pm on holidays.
2. If the guest is late for other reasons, please call directly to book the room after the reservation is successful. Credit card guarantee or advance payment is needed in special periods such as exhibitions.
Due to seasonal changes, the room price may be inaccurate. Please refer to telephone consultation or final confirmation.
4. For hotels that need credit card guarantee, the requirements for canceling reservations are different. If the cancellation is made within the valid working days required by the hotel, it is ok. Otherwise, you will not be able to cancel your reservation. If you fail to check in, the corresponding room rate will be deducted from your credit card.
Legal basis:
Law of the People's Republic of China on Protection of Consumer Rights and Interests
Article 44 Where a business operator provides goods or services, causing damage to consumers' property, it shall bear civil liabilities such as repairing, redoing, replacing, returning goods, making up the quantity of goods, returning the payment for goods and services or compensating for losses according to the requirements of consumers.
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