Traditional Culture Encyclopedia - Tourist attractions - Travel agencies withdraw from the standard of liquidated damages.
Travel agencies withdraw from the standard of liquidated damages.
1. If the notice is given before the fifth day before departure, pay10% of the balance after deducting the necessary expenses already paid by the travel agency;
2. Notice 5 to 3 days before departure, and pay 20% of the balance after all travel expenses are paid.
1. Interpretation of liquidated damages:
(1) liquidated damages refer to a certain amount of money paid to the non-breaching party according to the contract when the breaching party fails to perform or fails to fully perform its contractual obligations. Liquidated damages are a kind of debt guarantee and an economic sanction for breach of contract. The establishment of liquidated damages is to ensure the performance of debts. Even if the other party has not suffered any property losses, it should pay liquidated damages according to the provisions of the law or the contract. The standard of liquidated damages is determined according to law or agreed in writing by both parties in the contract;
(2) liquidated damages refer to the agreement that one party should pay a certain amount of liquidated damages to the other party according to the breach of contract when concluding a contract. The liquidated damages are generally calculated according to 30% of the losses caused. If it is too high or too low, the contracting parties may request appropriate adjustment.
2. Calculation standard of liquidated damages:
(1) If there are specific provisions on liquidated damages in the contract, such provisions shall prevail; If there is no agreement or unclear agreement on liquidated damages, such agreement shall prevail.
(2) The calculation basis of liquidated damages is the total contract price;
(3) The agreed amount of liquidated damages shall generally not exceed the total price of the unfulfilled part of the contract;
3. There are two kinds of liquidated damages:
(1) Punitive liquidated damages, whose function is to punish. If property losses are caused to the other party due to breach of contract, the breaching party shall pay liquidated damages and compensate the other party separately;
(2) Compensatory liquidated damages are a kind of pre-estimation of the property losses that one party may suffer due to the other party's breach of contract. Paying liquidated damages means exempting the breaching party from the responsibility of compensating the other party's property losses. Even if the loss is greater than the liquidated damages, it will not be compensated.
To sum up, tourists can notify the travel agency to terminate the contract before the start of tourism activities, but they must bear the necessary expenses that the travel agency has paid for this trip.
Legal basis:
Article 577 of the Civil Code of People's Republic of China (PRC)
If one party fails to perform the contractual obligations or fails to meet the contractual obligations, it shall be liable for breach of contract, such as continuing to perform, taking remedial measures or compensating for losses.
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