Legal analysis: the deposit cannot be refunded. Deposit refers to a certain amount of money or other substitutes agreed by the parties to ensure the realization of creditor's rights and paid by one party to the other party in advance before performance. The deposit is a kind of guarantee. Because the deposit is paid in advance and the amount of the deposit is clear in advance, the application of the deposit penalty can urge both parties to perform consciously and play a guarantee role.

Legal basis: 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.