During the epidemic period, the deposit for weddings and banquets should be refunded to the customers according to the relevant regulations that the state cannot hold weddings. If there are any expenses, both parties shall settle them through consultation, and each party shall bear part of the responsibilities.
If both parties have an agreement on the return of the deposit in the contract, such agreement shall prevail. If there is no agreement, both parties can negotiate first, and after consultation, they can ask the wedding boss to refund the deposit. If negotiation fails, and the purpose of the contract cannot be achieved due to the fault of the wedding boss, a lawsuit can be brought to the people's court, requiring him to double the deposit.
If the deposit is paid, both parties can settle it according to the "liquidated damages for the deposit", that is, the payer defaults and the deposit will not be refunded. If the recipient breaches the contract, the deposit will be returned twice, and the deposit amount will not exceed 20% of the total target. The excess will be regarded as advance payment and can be refunded when the agreement is cancelled.
If the payment is "down payment", it is regarded as consumption advance payment. In case of breach of contract, it shall be handled according to the contract agreement of both parties. If there is no written agreement, the liability shall be determined according to the losses caused by the breaching party to the other party.
legal ground
People's Republic of China (PRC) Civil Code
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. Article 591 After one party breaches the contract, the other party shall take appropriate measures to prevent the loss from expanding; If appropriate measures are not taken to expand the losses, no compensation may be requested for the expanded losses.
The reasonable expenses incurred by the parties to prevent the loss from expanding shall be borne by the breaching party.