Traditional Culture Encyclopedia - Hotel accommodation - Can the deposit be refunded?
Can the deposit be refunded?
The deposit does not have the nature of deposit, and the people's court will not support it if the party paying the deposit claims the right of deposit. In general, the deposit is regarded as an advance payment. Legally speaking, even if the payer breaches the contract, the receiver should return it. In general, the deposit is regarded as an advance payment. When the party who pays and collects the deposit fails to perform the contract debt, there will be no loss or double return of the advance payment, and the deposit can only be used as damages.
Extended data:
The nature of "deposit" is mainly advance payment. Legally speaking, even if the payer breaches the contract, the receiver should return it. When the seller breaches the contract, it shall refund unconditionally. When the buyer breaches the contract, he can negotiate with the seller and ask the other party for a refund. Unless otherwise agreed by both parties, it shall be implemented in accordance with the agreement, and the amount of default deposit is generally not limited by law.
Deposit is not a normative legal concept, in fact, it has the nature of advance payment, is a means of payment for the parties, and does not have the nature of guarantee. In the transaction of commercial housing, the buyer's failure to perform the contractual obligations does not mean that he has lost the right to request the return of the deposit; On the other hand, if the developer fails to fulfill his obligations, there is no need to double the deposit, but this does not mean that the defaulting party will not be liable for breach of contract.
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