Can I get my deposit back, and can I get my deposit back?

The wedding photo studio is liable for breach of contract in this incident

You pay a deposit of 1,000 yuan to the photo studio first, which is a sign of trust in the photo studio, and the photo studio promised you to go out to shoot exterior pictures on the appointed day, which is included in the 1,000 yuan deposit, that is, the 1,000 yuan deposit includes the content of the outing shooting, and the photo studio did not say that you must go out to shoot the exterior when the two couples arrive, that is to say, if you pay the 1,000 yuan deposit, the photo studio will have to provide services for your pre-agreed commitment. Besides, if you pay the 1,000 yuan deposit, it doesn't matter whether the other couple goes out to shoot the location, and the other couple has nothing to do with you You only recognize the 21st that the studio promised you to accompany you to go out to shoot the location Therefore, the photo studio does not provide you with the promised service on the grounds that "the newcomer has not reached 2 pairs", so the photo studio is in breach of contract Therefore, you have every reason to get back the 1,000 yuan deposit you paid, and ask the photo studio to give you all the economic losses caused by the photo studio that you cannot successfully complete the filming of the exterior You can find a local TV station Newspaper reporters will accompany you to the photo studio to ask for the deposit back, and blow up their untrustworthy and untrustworthy business behavior (photo studio) to the public

Generally speaking, if there is a contract, then act in accordance with the contract, and if there is evidence to prove that the photo studio breached the contract first, then it can be returned through the law. However, according to Article 117 of the Contract Law of the People's Republic of China, if the contract cannot be performed due to force majeure, the liability shall be partially or fully exempted according to the impact of force majeure, unless otherwise provided by law. If force majeure occurs after the parties delay performance, they cannot be exempted from liability.

For the purposes of this Law, the term "force majeure" refers to objective circumstances that cannot be foreseen, avoided or overcome.

Article 118: Where one of the parties is unable to perform the contract due to force majeure, it shall promptly notify the other party to mitigate the losses that may be caused to the other party, and shall provide proof within a reasonable period of time.

Article 115 The parties may, in accordance with the Security Law of the People's Republic of China, stipulate that one party shall pay a deposit to the other party as security for the creditor's rights. After the debtor performs the debt, the deposit shall be offset against 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 the end, I personally think you should negotiate with the photo studio.

1. Did you and the photo studio agree on the 21st outlot, did it fall on the literal agreement? If there is an explicit breach, the studio can request to terminate the agreement.

2. If it is all a verbal agreement, the matter is not easy to solve, and there is no basis for empty words.

3. It is recommended to complain to the local consumer association or to the industrial and commercial office in the jurisdiction of the photo studio, and the consumer association will help you do the coordination work, which is better than your own theory with them.

4. There is a difference between a deposit and a deposit.

If it is a deposit, it is in the nature of a guarantee, and it is stipulated in the Guarantee Law and the Contract Law that if you breach the contract, the deposit will not be returned, and the other party will return double the amount to you if you breach the contract.

Deposit, there must be the subject matter, the amount. transaction date, etc.

1. Deposit for Establishment: The Interpretation of the Guarantee Law stipulates that if the parties agree to pay a deposit as a guarantee for the conclusion of the main contract, if the party who pays the deposit refuses to conclude the main contract, it has no right to demand the return of the deposit, and if the party receiving the deposit refuses to conclude the contract, the deposit shall be returned twice.

2. If one of the parties does not fully perform the contract, the deposit penalty shall be applied according to the proportion of the unperformed part in the agreed content of the contract. Unless otherwise agreed by the parties.

3. The amount of the deposit agreed by the parties shall not exceed 20% of the main contract, and if it exceeds 20%, the excess part shall be invalid.

It is necessary to look at the contract clearly, and whoever does not comply with the time is responsible. However, I think that the contract should be indicated, and due to unpredictable factors, the photo studio does not assume any responsibility, which is called the final interpretation right.

Not necessarily: 1. The other party is not in breach of contract, 2. It depends on what the deposit on the agreement you signed is meaningful.

The deposit is generally not returned. Unless there is a default by the seller, the buyer can ask the seller to refund the deposit double, and the buyer cannot return the deposit if the buyer defaults. "Deposit" means that in order to ensure the performance of the contract, the consumer pays a certain amount of money to the merchant in advance.

Negotiate a refund with the other party. If it is true that it is not possible to apply for a refund of the deposit, according to the law, the amount of the deposit cannot exceed 20% of the total contract price, and if it exceeds 20%, the excess part of the money can be returned. In addition, the deposit contract is valid when the deposit is actually paid.

However, if one party to the contract uses fraud, threats or other means to make the other party carry out civil juristic acts against its true will, the defrauded party has the right to request the people's court or arbitration institution to revoke the contract and return the deposit in full.

1. Precautions for paying a deposit when buying a house:

1. The deposit clause is not mandatory, it is only instructive, and the consumer can decide whether to enter into the deposit clause according to law;

2. The specific circumstances of non-performance of the contract shall be indicated in the deposit clause;

3. Although the deposit clause has been concluded, the contract will only take effect after the consumer has paid the deposit;

4. It is necessary to distinguish the difference between the deposit and the advance payment, the advance payment is the advance payment, but the advance payment cannot be applied to the penalty of the deposit.

Second, the deposit and deposit area:

1. The basic legal relationship between the two is different, the deposit contract is a subordinate contract relative to the main contract, unless the parties have a special agreement, and the main contract is invalid, the deposit contract is also invalid; The agreement between the parties on the deposit is an integral part of the main contract.

2. The functions of the two are different; The deposit does not have the function of guaranteeing the debt, and its function is to provide certain financial support for the performance of the debt by one party. The payment of the deposit itself is an act of performance of the obligations of the party paying the deposit.

3. The roles of the two are different; Once the deposit is paid, it will play the role of sanctioning the breaching party and compensating the non-breaching party; After the deposit is paid, if one party breaches the contract and the contract is terminated, the party receiving the deposit must return the deposit in full.

Legal basis: Article 587 of the Civil Code of the People's Republic of China Where the debtor performs its debts, the deposit shall be offset against the price or recovered. If the party paying the deposit fails to perform its debts or the performance of its debts does not conform to the agreement, resulting in the inability to achieve the purpose of the contract, it shall not have the right to request the return of the deposit; If the party receiving the deposit fails to perform its debts or the performance of its debts does not conform to the agreement, resulting in the inability to achieve the purpose of the contract, the deposit shall be returned twice.

Legal analysis: According to the regulations, if the buyer fails to conclude a contract for the sale and purchase of commercial housing due to reasons on the part of the buyer, the developer has the right not to return the deposit.

If the contract cannot be concluded due to the reasons of the developer Party B, the developer shall return double the deposit to the buyer.

If the contract for the sale and purchase of the commodity submerged house cannot be concluded due to reasons not attributable to both parties, the developer shall return the deposit to the buyer.

Legal basis: 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 concluded when the deposit is actually paid.

The amount of the deposit shall be agreed upon by the parties; However, it shall not exceed 20% of the amount of the subject matter of the main contract, and the excess part shall not have the effect of a deposit. If the actual amount of the fixed deficiency late payment is more or less than the agreed amount, it shall be deemed to have changed the agreed amount of the deposit. Note:

The Civil Code came into force on January 1, 2021.

The deposit can be returned under certain conditions, mainly in the case of breach of contract by the party receiving the deposit. The Civil Code stipulates that if the party receiving the deposit fails to perform the debt or the performance of the judgment is not in accordance with the agreement, resulting in the inability to make a real judgment for the purpose of the contract, the deposit shall be returned double.

Article 587 of the Civil Code of the People's Republic of China Where the debtor performs its debts, the deposit shall be offset against the price or recovered. If the party paying the deposit fails to perform its debts or the performance of its debts does not conform to the agreement, resulting in the inability to achieve the purpose of the contract, it shall not have the right to request the return of the deposit; If the party receiving the deposit fails to perform its debts or the performance of its debts does not conform to the agreement, resulting in the inability to achieve the purpose of the contract, the deposit shall be returned twice.

The deposit cannot be taken back after the deposit is paid, and the deliverer cannot ask the other party to return the deposit if it breaches the contract, and the payee must compensate the deposit twice if it breaches the contract. The amount of the deposit shall not exceed 20% of the amount of the subject matter of the main contract.

According to the interpretation of the Civil Code of the People's Republic of China on the guarantee system, the parties may agree that one party shall pay a deposit to the other party as security for the creditor's rights. After the debtor performs the debt, the deposit shall be offset against the price or recovered. If the party who paid 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, the deposit shall be refunded in double amount.

Notes:

The proportion of the deposit for the purchase of a house must not violate the provisions of the law. The law stipulates that the proportion of the deposit for the purchase of the house shall not exceed 20% of the purchase price. If the amount of the deposit agreed between the buyer and the seller exceeds 20% of the amount of the subject matter of the main contract, the people's court will not support the excess.

In other words, the part exceeding 20% is not a deposit, and the provisions on deposit penalties are not subject to the law.

Deposit is a form of security for debts, which refers to a certain amount of money agreed by the parties to the contract to be paid by one party to the other party in advance within the scope prescribed by law in order to ensure the performance of the contract. After the debtor performs the debt, the party who paid the deposit has the right to recover the deposit or offset the deposit as the price; If the party receiving the deposit fails to perform its obligations, it shall return double the deposit to the party paying the deposit. If the party who paid the deposit fails to perform its obligations, it is not entitled to demand the return of the deposit.