Traditional Culture Encyclopedia - Photography major - Can I get a refund if the photo studio pays the deposit?

Can I get a refund if the photo studio pays the deposit?

Legal analysis: First of all, if both parties agree that the payment is a deposit, then if you breach the contract, the other party may not refund the deposit. If the other party defaults, you can ask for double deposit.

The refund of the deposit should include two situations. If the customer defaults, he has no right to ask for a refund of the deposit. If the studio defaults, it should double the deposit.

Determine the total price of the photography package you chose at that time, because according to the regulations, the deposit can only account for 20% of the total price, and the excess is invalid. That is to say, even if you breach the contract, if 20% of the total price is less than 1 000 yuan, the other party needs to return the excess to you.

If the store refuses to return the goods, it can complain to the Consumers Association or solve it through court proceedings.

Legal basis: Article 586 of the Civil Law 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 of 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.