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The hotel cancels marriage banquet agreement to offend lawsuit court to adjudica
From;    Author:Stand originally
On March 29, 2007, one big public house of citizen Chen Mou and our city is signed " meal ministry banquet affirms sheet " . Bilateral agreement Chen Mou was in late on September 16, 2007 this hotel books marriage banquet feast 43 desks, preliminary banquet 2 desks. Both sides is given to the price of feast, hotel and the service item that offers privilege undertook conventional. This " affirm sheet " the agreement returns in remarks column: Guest must pay total spending amount beforehand in the day that signs an agreement 20% , 30% as subscription; After consultative become effective, if hotel home remedy cancels an agreement, must compensate for the subscription of 100% to make compensation to the guest; Guest home remedy cancels an agreement, the hotel will confiscate subscription. After afore-mentioned affirming that sheet is signed, chen Mou gives this 5000 yuan big public house at paying with day.

On June 25, 2007, the dining-room that the general manager of this hotel informs manager of Huang Mou of meal department assistant manager and restaurant of 2 buildings begins to turn at the last ten-day of a month in July 2007 do chaffy dish business. Chen Mou informs namely after Huang Mou receives an announcement, hotel cancel the marriage banquet that he books. Chen Mou asks to return to this hotel then still subscription compensates for 5000 yuan 5000 yuan. Produce issue to this both sides, indictment of old some paper tells this public house to the court.

First instance adjudicates

The client obtains compensate 5000 yuan

The focus of controversy of this case both sides is: Hotel whether already the issue of corresponding and civil liability that home remedy makes the behavior that cancels banquet of Chen Mou marriage and agree carry. The court thinks, huang Mou is the assistant manager of ministry of this hotel meal, " meal ministry banquet affirms sheet " be to pass Huang Mou and Chen Mou to undertake negotiation deciding. This hotel already also affirmed this " affirm sheet " content and effectiveness, this courtyard confirms incident Huang Mou is big public house is in charge of undertaking with the client meal serves a contract to negotiate, signed staff member. Of Huang Mou and contract of service of client repast drink sign with remove, all should maintain for its job action, the consequence of generation should be assumed by this hotel. Accordingly, court of bitter fleabane river affirms Chen Mou requests a hotel to return still deposit and the request evidence that compensate for 5000 yuan additionally are sufficient, lawful rational, this courtyard gives lawfully support.

According to our country " code of civil law " , " contract law " regulation, court of bitter fleabane river makes first instance adjudicate to this case: The hotel should rise at adjudicating the day of become effective originally 10 return in a few days still deposit gives Chen Mou 5000 yuan, compensate for Chen Mou 5000 yuan.
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