Traditional Culture Encyclopedia - Hotel franchise - What is the most effective way to deal with the hotel's failure to refund the deposit?

What is the most effective way to deal with the hotel's failure to refund the deposit?

The non-refundable deposit of the hotel is handled as follows:

1, both parties shall negotiate whether the rental deposit can be refunded. At this time, it is necessary to clarify the nature of deposits. If it is the preservation of the goods, it can generally be returned. If the agreement is liquidated damages, the parties will not return it;

2. The parties can bring a lawsuit to the court, and both parties sign a house lease contract. With the lease agreement, it is necessary to strictly implement the agreement.

The prosecution method of non-refundable deposit is as follows:

1, the parties can write a complaint and file a lawsuit in the local court;

2. Write a complaint and submit it to the court for filing. The judge of the filing court will inform whether to file a case within seven days;

3. After filing a case, the court shall pay the litigation fees in accordance with the regulations. The court shall hold a hearing and conduct mediation or judgment;

4. If either party refuses to accept the judgment of first instance, it can appeal and be tried and judged by a higher court.

The settlement of rent deposit disputes is as follows:

1. The landlord can deduct the liquidated damages, damages and other related expenses arising from the landlord's violation of the provisions of this contract from the deposit, and the insufficient part of the tenant must make up within 10 days after receiving the landlord's payment notice;

2. If the tenant cannot rent the property normally during the lease period due to the landlord's reasons, the landlord shall immediately refund the deposit to the tenant in full without interest, and the tenant has the right to investigate the landlord's liability for breach of contract;

3. The rental deposit is generally agreed by the tenant and the landlord, and the actual deposit will generally not exceed two months. In order to ensure that the house and its household appliances are not illegally resold, the tenant will generally pay the rental deposit to the landlord after deducting the utilities, and there will be corresponding after receiving the deposit;

4. Unless otherwise agreed in the lease contract, the lessee shall return the deposit in full to the lessee without interest on the day after the lease relationship is dissolved, the landlord moves out, the accounts are settled and the payable expenses are paid.

To sum up, if the deposit is not refunded when checking out, you can ask the other party to refund the deposit. If you don't return it, you can sue in court. In addition, the lease contract is not the reason why the other party does not refund the deposit, as long as there is a deposit slip. If the party refuses to rent without justifiable reasons within the lease term, it is a breach of contract, and the deposit may not be refunded.

Legal basis:

Article 39 of the Law of People's Republic of China (PRC) on the Protection of Consumer Rights and Interests

Disputes over consumers' rights and interests between consumers and business operators can be resolved through the following channels:

(a) negotiated settlement with the operator;

(2) Requesting consumers' associations or other mediation organizations established according to law to mediate;

(three) to complain to the relevant administrative departments;

(four) according to the arbitration agreement reached with the operator, submit it to an arbitration institution for arbitration;

(5) bring a lawsuit to the people's court.