Many friends at my wedding reception complained that the food in the hotel was not served. How can I negotiate with the hotel?

The following is a news I saw, which should be helpful to you! !

(Reporter Lemon) Mr. Cao held a wedding banquet for his son, but the hotel served rice and soup directly after several courses. The guests thought that all the dishes were served, so they left one after another, which led to the end of the wedding banquet. Subsequently, the hotel sued the court on the grounds that Mr. Cao was in arrears with the final payment of catering expenses. Mr. Cao thinks that the hotel broke the contract first.

Counterclaim the hotel to compensate its mental loss. Recently, the Tanggu District Court ruled that Mr. Cao paid the hotel catering fee of10.5 million yuan, and the hotel compensated Mr. Cao for mental damages of 3,000 yuan.

Last March, Mr. Cao of Tanggu held a wedding for his son in a hotel. The two sides verbally agreed on 35 tables of wedding banquets, each of which is 900 yuan standard. Subsequently, Mr. Cao paid a deposit to the hotel.

Half a year later, the wedding was held as scheduled, and relatives and friends gathered together. However, after several hot dishes were served in the hotel, rice and hot soup were served directly, and the tables and drinks at the back did not keep up in time. When the guests saw this scene, they thought that all the dishes were served and they had left, and the festive atmosphere was swept away.

In order to recover the influence, after his son's honeymoon, Mr. Cao reissued the wedding banquet in another hotel. Mr. Cao refused to pay the final payment of the wedding banquet on the grounds that the hotel service was irresponsible. After many unsuccessful negotiations, the hotel took Mr. Cao to court and demanded that Mr. Cao pay the arrears of more than 23,000 yuan.

The hotel believes that when the two sides agreed on the menu, they did not agree on the order of serving, and the service of the hotel was in line with the procedures. After the hotel cooked the dishes in the back, it was Mr. Cao who refused to continue serving and caused the guests to leave. Mr. Cao's refusal to pay violated the legitimate rights and interests of the hotel.

Mr. Cao counterclaimed in court that the hotel service did not follow the local dining habits, which directly led to the failure of the wedding reception. The hotel's behavior violated its legitimate rights and interests and brought regret to the whole family. He asked the hotel to compensate him for the cost of re-handling the wedding banquet of more than 30,000 yuan and compensate him for the mental loss of 5,000 yuan.

The court held through trial that the wedding banquet agreement reached orally by the hotel and Mr. Cao was legal and valid, and both parties should perform it according to the agreement. The hotel did not serve food according to the regulations, which caused the guests to leave the wedding banquet without satisfactory service, and the hotel was responsible for the fault. The wedding is a lifelong event for everyone. The fault of the hotel directly leads to the mental injury of Mr. Cao and his son, and he should bear the responsibility. Mr. Cao should also pay a corresponding price for some services provided by the hotel.

Accordingly, the court ruled that Mr. Cao paid the hotel catering fee of 1.5 million yuan, and the hotel compensated Mr. Cao for mental damages of 3,000 yuan. After deducting the above two items, Mr. Cao should finally pay the hotel 1.2 million yuan; Reject other claims of both parties.

The judge's statement

There is a fault in violating the catering trading habits.

Article 6 1 of China's Contract Law clearly stipulates: "After the contract comes into effect, if the parties have not agreed or are not clear about the quality, price and place of performance, they may supplement it by agreement; If a supplementary agreement cannot be reached, it shall be determined in accordance with the relevant provisions of the contract or trading habits. "

In this case, the wedding banquet agreement reached orally between Mr. Cao and the hotel is a legal and valid contract. As the beneficiary of the wedding banquet, Mr. Cao should pay the catering fee to the hotel. Although the menu agreed by both parties to the contract did not clearly state that rice and soup should be served at the end, the hotel's practice obviously violated the catering trading habits, so there was a fault. Although Mr. Cao's infringed rights are illegal and unclear, objectively speaking, the wedding banquet did cause mental damage to Mr. Cao's family and should belong to the category of personality rights. Accordingly, the court ruled that the hotel should bear certain liability for mental damage.