Traditional Culture Encyclopedia - Hotel franchise - I signed a wedding reception contract with the hotel six months ago and paid a deposit of 5,000 yuan. For some reason, the wedding banquet was cancelled. Can you get the deposit back through negotiati

I signed a wedding reception contract with the hotel six months ago and paid a deposit of 5,000 yuan. For some reason, the wedding banquet was cancelled. Can you get the deposit back through negotiati

I signed a wedding reception contract with the hotel six months ago and paid a deposit of 5,000 yuan. For some reason, the wedding banquet was cancelled. Can you get the deposit back through negotiation? First of all, please notify the hotel in writing immediately, cancel the banquet, and keep the evidence of the notice, such as EMS express voucher.

After you send this written notice, don't talk to the hotel about negotiating liquidated damages, and don't remind the hotel.

You can't get the deposit back, otherwise the hotel will turn against you.

Generally speaking, although the contract is signed in this way, as long as you inform the hotel in time, the loss of the hotel itself will be relatively small, so the hotel will generally not seriously pursue you, and people have no time to do business. (But if you insist on getting the deposit back and annoy the hotel, that's not necessarily the case. )

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Secondly, if the hotel wants to sue you, you can also plead. Although I didn't give you 60 days notice, I gave you 50 days notice. No actual loss has been caused to the hotel, and it is requested to reduce the amount of liquidated damages. The court will generally support it.

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According to the judicial interpretation of contract law II:

Article 29 If the parties claim that the agreed liquidated damages are too high and request an appropriate reduction, the people's court shall, according to the actual losses, comprehensively consider the performance of the contract, the degree of fault of the parties, the expected interests and other comprehensive factors, and make a ruling after weighing according to the principles of fairness, honesty and credibility.

If the liquidated damages agreed by the parties exceed 30% of the losses caused, it can generally be regarded as "losses caused by excessive exceeding" as stipulated in the second paragraph of Article 114 of the Contract Law.