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. 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. Generally choose a wedding company to pay the deposit, and first sign an agreement with the wedding company. If it is better than other companies, you can refund the deposit. Without signing any agreement, it is impossible for people to return it.
What's the difference between deposit and deposit?
1, the two concepts are different.
2. The essence of the two is different, and the deposit has the nature of guarantee and has legal effect; The deposit is not guaranteed and has no legal effect.
3. Their functions are different. Once the deposit is paid, it will play the role of sanctioning the defaulting party and compensating the observant party. After the deposit is paid, if one party breaches the contract and needs to terminate the contract, the party who received the deposit must refund the deposit in full. 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.
Legal basis:
People's Republic of China (PRC) Civil Code
Article 586 The parties may agree that one party shall pay a deposit to the other party as security 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.
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.