I am not satisfied with the intensive repair of wedding photos and want a refund. How much fine do I usually pay?

This question about the standard of liquidated damages in the process of wedding photography was originally determined by both parties through consultation. The payment standard of liquidated damages for wedding photography is not clearly stipulated in the contract law and other legal systems. Besides, when we go to the photo studio to take wedding photos, the price of wedding photos is different, and the liquidated damages caused by different prices are definitely different.

1. How to punish the full amount of wedding photography?

(1) The liquidated damages shall be determined by both parties through negotiation, and the amount is not limited, generally determined according to the losses that may be caused by one party's default predicted by both parties.

(2) If one party breaches the contract, the agreed liquidated damages are "lower" than the actual losses, and the observant party requires the defaulting party to bear the liability for breach of contract, the observant party may bring a lawsuit to the court to request an increase in liquidated damages; If the agreed liquidated damages are "excessively" higher than the actual losses, the defaulting party may bring a lawsuit to the court to reduce the liquidated damages.

(3) According to Article 1 14 of the Contract Law, the comparison standard of excess liquidated damages is the actual loss of the observant party. As mentioned above, the actual loss includes direct loss and performance loss. The provisions of Article 16 of the Supreme People's Court's Interpretation on Several Issues Concerning the Application of Laws in the Trial of Disputes over Commercial Housing Sales Contracts are adjusted to 30% of the actual losses to reflect the punitive nature of liquidated damages. The law does not specify the maximum amount of liquidated damages. Article 121 of the Supreme People's Court's Interpretation on Several Issues Concerning the Application of the Guarantee Law of People's Republic of China (PRC) stipulates that "if the amount of deposit agreed by the parties exceeds 20% of the subject matter of the main contract, the people's court will not support the excess."

Second, the prosecution procedure of liquidated damages disputes

1, the plaintiff sued

2. The court will serve a copy of the indictment on the defendant after accepting it.

3. The defendant submits the defense within fifteen days, and the court will serve a copy of the defense to the plaintiff within five days. If the defendant fails to submit the defense, it will not affect the trial.

4. The court shall notify the parties and announce the cases decided to be heard in court three days ago.

5. The court investigation stage includes: statements by the parties; Inform witnesses of their rights and obligations, witness to testify in court, and read out the testimony of witnesses who did not appear in court; Produce documentary evidence, physical evidence and audio-visual materials; Read the appraisal conclusion; Read the interrogation record.

6. The court debate includes: the plaintiff and his agent ad litem speak; Defendant and his agent ad litem reply; The third person and his agent ad litem speak or reply; Debate with each other. At the end of the court debate, the presiding judge shall consult the final opinions of all parties in the order of plaintiff, defendant and third party.

7. At the end of the court debate, a judgment shall be made according to law. Mediation can be conducted before the judgment, and mediation can also be conducted. If mediation fails, a judgment shall be made in time.

8. Announcement of judgment

Those who have taken wedding photos should know that the price of wedding photos ranges from several thousand yuan to tens of thousands of yuan. If we pay the full amount of three or four thousand yuan and others pay the full amount of tens of thousands of yuan, the consequences of breach of contract caused by these two different grades cannot be generalized. The liquidated damages agreed in the contract are too high, and the wedding photo studio cannot be protected.