The hotel is determined not to refund the reservation, please support those who understand the relevant laws.

If it is an advance payment or a "deposit", the hotel can refund it.

If it is a "deposit", it cannot be refunded, which is stipulated by law, because the deposit is punitive;

You'd better find out what you received first, which is the key to dealing with the problem, so you must be clear;

If it is really an advance payment or deposit, if it cannot be refunded, you can sue in the local court first and ask for a refund of the deposit.

The Contract Law stipulates: "The parties may, in accordance with the Guarantee Law of People's Republic of China (PRC), pay a deposit to the other party as a guarantee for the creditor's rights. After the debtor performs the debt, the deposit shall be used as the price or recovered. If the party paying the deposit fails to perform the agreed debt, it has no right to demand the return of the deposit; If the party receiving the deposit fails to perform the agreed debt, it shall return the deposit twice. "

Deposit refers to the money or other substitutes paid by one party to the other party in advance to ensure the performance of the contract when it is concluded, or after it is concluded and before it is performed.

If the non-performing party is the payer, it loses the right to claim the deposit, and if it is the recipient, the other party has the right to make a second claim on the deposit, which is the "deposit penalty"

The so-called deposit refers to the money or its substitute paid by one party to the other party in advance according to a certain proportion (not exceeding 20%) of the contract amount when the contract is concluded or before the performance according to the law or the agreement of both parties. It is a certain amount of money as the guarantee of creditor's rights, which belongs to the legal guarantee mode, and aims to urge the debtor to perform his debts and ensure the realization of creditor's rights. When signing a contract, the deposit must be agreed in writing, as well as the amount and delivery period of the deposit. If the party paying the deposit fails to perform the debt, it has no right to ask the other party to return the deposit; If the party who accepts the deposit fails to perform the debt, it is necessary to double the debt to the other party. After the debtor performs the debt, the deposit shall be taken as the price or recovered as agreed.

Extended data:

Deposit type

According to the Interpretation of Several Issues Concerning the Application of the Guarantee Law promulgated by the Supreme Court on February 8, 2000, the types and uses of deposit mainly include the following:

1, contract deposit. Article 1 15 of the Interpretation stipulates the contract deposit. The contract bond is a contract bond established to ensure the signing of the main contract. The characteristic of contract deposit is that its legal effect has nothing to do with whether the main contract has legal effect or not. If the contract deposit is set in an agreement such as a letter of intent, it will take legal effect when the parties actually pay the deposit. When the guaranteed contract behavior does not occur, the party who refuses to conclude the main contract will be fined a deposit.

2. reach an agreement. Article 1 16 of the Interpretation stipulates the agreed payment. As an important element of the establishment or entry into force of the main contract, the agreed deposit is called the agreed deposit. If the parties agree in the contract that there is an agreed deposit, the deposit will not be paid and the contract will not be established or effective. If the parties agree on a deposit and clearly indicate that the delivery of the deposit constitutes an important element of the establishment or entry into force of the contract, the deposit has the nature of an agreed deposit. However, in order to encourage transactions, if the main contract has been performed or the main part has been performed, even if the party paying the deposit does not actually pay the deposit as agreed, the establishment or effectiveness of the main contract should still be recognized.

3. terminate the deposit. Article 1 17 of the Interpretation stipulates the deposit for the termination of the contract. Termination of the deposit is the price of designating the deposit as the right to terminate the contract, that is, the party paying the deposit can give up the deposit to terminate the contract, and the party receiving the deposit can also double the deposit to terminate the contract. It should be noted that although one party terminates the contract on the grounds of loss of deposit, if the loss suffered by the observant party due to the termination of the contract is greater than the deposit income, the terminating party shall still be liable for damages.

4. Default bond. Article 89 of the Guarantee Law stipulates liquidated damages, and articles 120 and 122 of the Interpretation make supplementary provisions on liquidated damages. Liquidated damages refer to the deposit agreed upon by giving up or double returning the deposit as a remedy for breach of contract.

References:

Baidu encyclopedia: deposit fine

Baidu Encyclopedia: Contract Law