Traditional Culture Encyclopedia - Hotel accommodation - Is it reasonable not to refund the money if the deposit slip is missing?

Is it reasonable not to refund the money if the deposit slip is missing?

It is unreasonable not to refund the money if the deposit slip is missing. You can still ask for a refund after the deposit slip is lost. There are two points to note: first, the loss of the deposit will not change the fact of paying the deposit. When the other party returns the deposit, you only need to give the other party a statement or prove that the original deposit is invalid; Secondly, if the other party refuses to admit that you received your deposit, and you can't provide a deposit receipt, or there is other evidence to prove that you paid the deposit, you will bear the legal consequences of false evidence and can't ask for a refund of the deposit. So pay attention to keep the deposit slip.

Also need to be clear:

(1) Deposit means that one party pays a certain fee to the other party to ensure that his actions will not harm the interests of the other party. If damage is caused, it can be paid in real time or compensated separately. After the legal relationship between the two parties does not exist and there are no other disputes, the deposit will be refunded and deducted at the time of agreement.

(2) The deposit is replaceable, generally when one party submits a substantial subject matter for the other party, and in order to ensure that the delivered subject matter is returned, the other party is required to pay a considerable amount of public deposit. When the contract cannot be fulfilled, the confiscation of the deposit as a way to solve the contract reflects the protection of the interests of the party who has not paid the deposit.

legal ground

The first paragraph of Article 565 of the Civil Code stipulates: "If one party claims to terminate the contract according to law, it shall notify the other party. When the notice reaches the other party, the contract is terminated; If the notice states that the debtor fails to perform the debt within a certain period of time, the contract will be automatically terminated. If the debtor fails to perform the debt within the time limit, the contract will be terminated at the expiration of the time limit specified in the notice. If the other party disagrees with the termination of the contract, it may request a people's court or an arbitration institution to confirm the validity of the termination of the contract. The parties agreed in the contract that the contract will automatically terminate when the conditions are met. If they think that the conditions are not met properly, they can terminate the contract without notice.