I have paid a deposit to the hotel. How can I get a refund?

1. If the parties agree to pay the creditor's rights of the down payment guarantee contract, the down payment contract will take effect after the down payment is actually paid. There are three kinds of deposit refund:

(1). If the signed deposit contract is invalid, the party receiving the deposit shall return the deposit;

(2) If both parties to the contract reach an agreement to terminate the contract, the party receiving the deposit shall refund the deposit;

(3) If the party receiving the deposit breaches the contract, the deposit shall be returned in double.

2. Relevant laws and regulations: Civil Code of People's Republic of China (PRC).

(1) Article 157 Legal Consequences of Invalidation, Cancellation or Confirmation of Invalidation of a Civil Legal Act After the civil legal act is invalid, revoked or confirmed to be invalid, the property acquired by the actor as a result of the act shall be returned; If it is impossible or unnecessary to return it, it shall be compensated at a discount. The party at fault shall compensate the other party for the losses suffered as a result; If all parties are at fault, they shall bear their respective responsibilities. Where there are other provisions in the law, those provisions shall prevail.

Article 562 The parties may terminate the contract through consultation.

The parties may agree on the reasons for one party to terminate the contract. When the reasons for the termination of the contract arise, the creditor may terminate the contract.

(3) Article 587 When the debtor performs the debt, the deposit shall be taken as the price or recovered. If the party paying the deposit fails to perform the debt or the performance of the debt is not in conformity with the agreement, thus the purpose of the contract cannot be achieved, it has no right to request the return of the deposit; If the party receiving the deposit fails to perform the debt or the performance of the debt does not conform to the agreement, so that the purpose of the contract cannot be achieved, the deposit shall be returned twice.

Second, what conditions need to be met for the application of deposit penalty?

1, there must be a breach of contract. The existence of breach of contract is the premise of applying the penalty of deposit. Breach of contract refers to the behavior of not performing debts as agreed in the contract, and its manifestations are various, including non-performance, delayed performance and incomplete performance.

2. There must be the fact that the purpose of the contract has failed. The failure of the purpose of the contract means that the purpose of the contract cannot be achieved, which is the basic condition for applying the penalty of deposit. The purpose of the contract here only refers to the direct purpose and main purpose of the main contract.

3. There is a causal relationship between breach of contract and failure of contract purpose. Breach of contract or failure to achieve the contract purpose does not necessarily lead to the application of down payment penalty, but only if there is a causal relationship between them, that is, only if the contract purpose cannot be achieved due to breach of contract can the down payment penalty be applied.

If the parties agree on the deposit in the contract, the penalty of deposit is generally applicable. The most important legal feature of deposit system is the establishment of punitive guarantee means with the help of deposit penalty. But at the same time, if there is a breach clause in the contract, the deposit and liquidated damages cannot be applied at the same time, so we can only choose.

According to the provisions of the Civil Code, after the deposit is paid, the circumstances in which the deposit can be refunded include: the signed deposit contract is invalid; Both parties agree to return the goods; The party who collects the deposit breaches the contract. I hope the above content can help you. If you have any other questions, please click the button below to consult a professional lawyer.