Traditional Culture Encyclopedia - Hotel accommodation - Can I refund the deposit if the hotel pays the deposit and doesn't check in?
Can I refund the deposit if the hotel pays the deposit and doesn't check in?
The nature of the deposit is that the default deposit is bound by the deposit penalty, that is, if the payer defaults, the payee can claim not to return the deposit; If the recipient breaches the contract, the shipper can claim to double the deposit.
Deposit is generally regarded as advance payment and performance guarantee. This kind of guarantee is unilateral, that is, from the payer to the payee. If the recipient breaches the contract, he can only return the original deposit, but can't get double return; If the payer breaches the contract, the receiver may refuse to return the deposit as compensation or liquidated damages for various reasons.
According to the relevant provisions of China's current laws, the deposit does not have the nature of deposit, and the people's court will not support the claim of the party paying the deposit.
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