Brief introduction of the case:
Consumer Mr. Zhang complained that in March this year, his son held a wedding banquet in a hotel in Wushenqi, Ordos City. He booked a 3 1 table from the hotel one week in advance and paid a deposit of 20 thousand yuan in advance. However, on the day of the wedding reception, the hotel didn't serve the food according to the pre-agreed menu, but one dish was missing, which destroyed the beautiful meaning when ordering the menu. Mr. Zhang believes that the hotel's practice not only violates the agreement between the two parties, but also seriously undermines his beautiful meaning when arranging the menu. Therefore, he asked the hotel not only to return the food he ate less, but also to return 20 thousand yuan as compensation for the meal, so he refused to pay. The hotel said it was unacceptable.
The lawyer's answer:
According to the provisions of Article 48 of the new Consumer Law, if a business operator provides goods or services under any of the following circumstances, it shall bear civil liability in accordance with the provisions of other relevant laws and regulations, except as otherwise provided in this Law: (6) The quantity of goods sold is insufficient; (seven) the service content and fees are in violation of the agreement; (8) Deliberately delaying or unreasonably refusing consumers' requests for repair, rework, replacement, return of goods, replenishment of commodity quantity, refund of payment for goods and service fees or compensation for losses; Business operators who cause damage to consumers shall bear tort liability. Therefore, the hotel should compensate Mr. Zhang for his loss.
According to the punitive provisions of Article 55 of the new Consumer Law, if a business operator commits fraud in providing goods or services, it shall increase the compensation for the losses it has suffered according to the requirements of consumers, and the amount of compensation shall be three times the price of the goods purchased or the cost of receiving services; If the increased amount of compensation is less than that of 500 yuan, it shall be 500 yuan. When Mr. Zhang asks the hotel to return the lost food, he has the right to ask the hotel to compensate himself for the loss at three times the price of the lost food.
According to the relevant provisions of the Civil Code, it can be seen that if both parties conclude a contract, the hotel's behavior is not fully performed, that is to say, although the debtor has performed it, there are defects in the quantity, quality, method and place of performance, and compensation can be calculated according to the calculation method of compensation arising from one party's early breach of contract or by paying a certain amount of compensation to the other party, or by calculating the compensation amount according to the method stipulated by law.
Here, consumers are reminded that a detailed contract must be signed for banquet reservation, and the performance of the contract should be verified in time, so as to effectively protect rights in case of disputes.
The above is the arrangement of the answers to this question. If you have any questions, please come to consult.