Traditional Culture Encyclopedia - Photography and portraiture - Can I refund the deposit for taking a wedding photo?
Can I refund the deposit for taking a wedding photo?
Whether the deposit can be refunded depends mainly on the contract signed before. According to the regulations, the parties can pay the deposit to the other party as the guarantee of the creditor's rights according to the agreement. After 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 agreed debt, it has no right to demand the return of the deposit; If the party receiving the deposit fails to perform the agreed debt, it shall return the deposit twice. In other words, in the case of signing a contract, if the customer can't sell, then the deposit can't be refunded. If the merchant can't sell on time, the deposit will be doubled. If you don't sign the contract, ask for a refund with the receipt of the previous deposit. The specific situation should be negotiated with the store. The amount of deposit shall be agreed by the parties, but it shall not exceed 20% of the subject matter of the main contract.
legal ground
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 Where the debtor performs the debt, the deposit shall be set off 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. Article 588 Where the parties have agreed on both liquidated damages and deposit, if one party breaches the contract, the other party may choose to apply the liquidated damages or deposit clause. If the deposit is not enough to make up for the losses caused by one party's breach of contract, the other party may demand compensation for the losses exceeding the deposit amount.
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