Can I return the hotel wedding banquet booked during the epidemic?

Legal analysis: If the agreement is dissolved, both parties can determine the ownership of the deposit according to the contract or consensus. If both parties fail to reach an agreement, and one party requests to terminate the contract on the grounds of force majeure such as epidemic situation, it can unconditionally terminate the contract and will not be liable for breach of contract. According to Article 122 of the Supreme People's Court's Interpretation on Several Issues Concerning the Application of the Guarantee Law of People's Republic of China (PRC), if the main contract cannot be performed due to force majeure or unexpected events, the down payment penalty is not applicable. If the hotel cannot prove the actual loss, it shall refund the deposit in full; If the hotel has evidence to prove that it has incurred actual losses due to the performance of the contract, such as raw material procurement, labor rent and other expenses incurred by this wedding banquet, it should share the losses according to the principle of fairness. To sum up, the party who advocates the dissolution of the wedding banquet agreement should take the purpose of concluding the contract as the starting point, comprehensively consider the time when the contract was established and the scope and extent of the impact of the epidemic on the place where the contract was performed, and fully prove that due to the epidemic, the wedding banquet cannot be held in the agreed manner within the agreed time limit (direct causal relationship), and rescheduling will lead to the failure to achieve the purpose of the contract, so it is possible to terminate the wedding banquet agreement on the grounds of force majeure.

Moreover, even if the proof is sufficient, the wedding banquet agreement can be dissolved, and it is necessary to undertake the obligations of active consultation, active notification and coordination to avoid expanding losses.

Legal basis: Article 563 of the Civil Law of People's Republic of China (PRC) may terminate the contract under any of the following circumstances: (1) The purpose of the contract cannot be achieved due to force majeure; (two) before the expiration of the time limit for performance, one party clearly indicated or indicated by his own behavior that he would not perform the main debt; (three) one party delays the performance of the main debt and fails to perform it within a reasonable period after being urged; (4) One of the parties delays the performance of debts or commits other breach of contract, which makes it impossible to achieve the purpose of the contract; (5) Other circumstances stipulated by law. For an indefinite contract whose content is to continue to perform debts, the parties may terminate the contract at any time, but they shall notify the other party before a reasonable time limit.