Can the hotel deposit be refunded if the wedding is cancelled?

Can the hotel deposit be refunded if the wedding is cancelled?

Can the hotel deposit be refunded if the wedding is cancelled? The outbreak of the epidemic in novel coronavirus is very severe, because there are not a few friends who cancel their wedding due to the epidemic, but disputes will inevitably arise in the process of canceling the wedding and hotel reservations. Let's take a look at the epidemic. Will the wedding cancel the hotel deposit refund?

Is the hotel deposit refunded when the wedding is cancelled? 1 1. Is the hotel deposit refunded if the wedding is cancelled?

It can be returned, but the loss needs to be borne by both parties.

According to Article 1 17 of the Contract Law: "If the contract cannot be performed due to force majeure, the liability shall be exempted in part or in whole according to the influence of force majeure, unless otherwise stipulated by law. If force majeure occurs after the performance of the parties, it cannot be exempted from liability. "

It shows that the epidemic situation is force majeure, so the contract cannot be continued.

The hotel should refund the deposit, and the losses caused shall be borne by both parties according to fair responsibility, which is basically half of one party.

The losses of general hotels mainly come from some necessary materials, labor and booking fees.

Under the epidemic situation, everyone suffers from force majeure, and it is reasonable for both parties to bear a certain proportion.

2. What if the wedding hotel doesn't refund the deposit?

At this special moment, the two sides need to understand each other a little more and try to solve it through consultation as much as possible.

You can communicate with the hotel to refund the deposit first, and both parties will bear the loss, or see if you can postpone the performance of the contract with the hotel.

If negotiation fails, the case can be brought to the court, which will make a judgment according to law.

In short, the epidemic was not easy for everyone. First, try to communicate, and it is best to minimize the losses of both parties.

Can the hotel deposit be refunded if the wedding is cancelled because of the epidemic? 1. Can the deposit be refunded if the wedding is cancelled due to the epidemic?

It needs to be viewed according to the contract.

If there is force majeure, it is stipulated that it can be returned, but it is unlikely to be returned in full.

If not, it is a unilateral breach of contract for you to cancel the wedding, and the wedding party has the right not to refund the deposit.

Can be returned, because the epidemic is force majeure. According to Article 1 17 of the Contract Law: "If the contract cannot be performed due to force majeure, the liability shall be exempted in part or in whole according to the influence of force majeure, unless otherwise stipulated by law. If force majeure occurs after the performance of the parties, it cannot be exempted from liability. "

The reason why we can't get a full refund is because both parties have a contract in advance, and both parties have to bear the losses caused by the epidemic according to fair responsibility.

Second, examples of disputes between newcomers and wedding companies

1, the wedding company has incurred expenses.

Mr. Cheng of Bazhong decided to cancel the wedding because of the epidemic, but before that, the wedding company had completed the production and setting of relevant exhibition boards and the setting of the stage background, which cost nearly 4,000 yuan. Mr. Cheng wants to refund the deposit of 3200 yuan in advance. After being informed of the situation, the rights protection staff of Enyang District Market Supervision Bureau finally reached a consensus and returned the consumer deposit to 900 yuan.

2. The wedding deposit is non-refundable.

Mr. Zhou, a citizen of Weifang, signed a wedding reservation agreement in a hotel and paid a deposit of 3,000 yuan. Later, Mr. Zhou canceled the wedding banquet because of the epidemic, but the hotel refused to refund the deposit, saying that it could only be postponed. After the intervention of Weifang Kuiwen Dongguan Market Supervision Office, it was learned that according to the contract agreement between the two parties and the relevant national regulations, the date of the wedding banquet could only be postponed, and the deposit of 3,000 yuan paid by Mr. Zhou could not be refunded.

Step 3 suggest

Before signing the relevant contract, both parties to the contract should clarify the rights and obligations of each party, especially when one party requires consumers to pay in advance, consumers should clearly stipulate this requirement in the contract to avoid unnecessary disputes and contradictions.

Third, what if the wedding doesn't refund the deposit?

1, have a good negotiation

2. Call the consumer complaint hotline, and the local market supervision bureau will intervene in the negotiation.

2. Go through judicial procedures and file a lawsuit. If you are not satisfied with the negotiation results, you can ask the court where the wedding company is located for help and call to ask what materials the court needs. Keep the basic chat record, print it out, print the bill, and then write a civil lawsuit.

Under the epidemic situation, everyone suffers from force majeure, and mutual understanding between merchants and consumers can minimize each other's losses.