Can I refund the deposit when I book a hotel?

Whether the hotel deposit can be refunded depends on the situation:

1. If the parties negotiate with the hotel, the hotel will generally return it and ask the parties to compensate for part of it;

2. If the time is too short for the hotel to rent out the venue, then the deposit cannot be refunded.

How to deal with the non-refundable deposit:

1, negotiation. The two sides rely on their own strength to compromise and compromise to solve the dispute;

2. Mediation. The intervention of the third party will promote mutual understanding and concessions between the two parties to the dispute, and finally solve the contradiction;

3. arbitration. A dispute settlement mechanism for submitting disputes to an arbitration institution for arbitration;

4. litigation. A system in which one party makes a request to the court and the court decides the dispute.

The difference between deposit and deposit:

1, the two definitions are different. Deposit refers to the payment of a certain amount of money as a guarantee before the conclusion of the contract, also known as deposit. For example, when we buy a car, we usually need to pay a deposit of several thousand yuan. If the buyer does not go back on his word and does not buy the relevant vehicle, the deposit will not be refunded. If the seller fails to perform the contract within the specified time, the buyer can get compensation of double the deposit amount; The deposit is only a unilateral act and has no obvious guarantee nature, so the people's court will not support it. If the buyer pays a down payment, it is usually considered as an advance payment. If either of the buyers and sellers fails to perform the contract, the deposit will not be returned twice, and the deposit already paid can be returned.

2. The scope of application is different. The deposit guarantee method is applicable to all kinds of contracts. The deposit is applicable to a contract in which one party performs the debt. This kind of contract is paid in currency, which can be a lease contract, contract, etc.

3. They have different functions. After the deposit is paid, it will act as a sanction to the defaulting party and make economic compensation to the observant party. After the deposit is paid, if one party breaches the contract, which eventually leads to the termination of the contract, then the party receiving the deposit needs to return the deposit to the payer;

4. The amount charged is different. The amount of deposit needs to be agreed by the parties, but it cannot exceed the legal provisions, that is, 20% of the price of the subject matter of the contract. If the amount exceeds the prescribed amount, it will not have the effect of deposit. The deposit is also agreed by both parties, and there are no strict regulations;

5. Their functions are different. The deposit has the function of guaranteeing the performance of the contract, but the deposit has no guarantee function. If the deposit recipient breaches the contract, the double indemnity deposit amount is required, and the deposit can be returned directly.

To sum up, whether the hotel deposit can be refunded depends on the situation: the parties negotiate with the hotel, and the hotel will generally refund it and ask the parties to compensate for part of it; If the time is too short for the hotel to rent the venue, then the deposit cannot be refunded.

Legal basis:

Article 586 of the Civil Code of People's Republic of China (PRC)

The parties may agree that one party shall pay a deposit to the other party as a guarantee for the creditor's rights. The deposit contract is established when the deposit is actually paid.

The amount of the deposit shall be agreed by the parties; However, it shall not exceed 20% of the subject matter of the main contract, and the excess shall not have the effect of deposit. If the actual amount of deposit paid is more than or less than the agreed amount, it shall be deemed as a change of the agreed amount of deposit.

Article 587

If 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 debt or the performance of the debt is not in conformity with the agreement, thus the purpose of the contract cannot be achieved, it has no right to request the return of the deposit; If the party receiving the deposit fails to perform the debt or the performance of the debt does not conform to the agreement, so that the purpose of the contract cannot be achieved, the deposit shall be returned twice.