Hongkou District residents Mr. Wan reflected: In September, 2008, I settle in Marriott Hongqiao hotel October, 2009 value 180,000 Yuan wedding banquet banquets. When signs the contract, the hotel request gathers 50% “earnest money”, we have paid as charged 90,000 Yuan. Afterward, we discovered that what the hotel draws up is “deposit” receipt, at that time has not cared. One month later, as a result of some kind of reason, we must send back the banquet. After the hotel side is entrusted with something the transfer, unexpectedly must buckle our 45,000 Yuan penalties, this enables us to accept. Mediated after the Changning District consumer association, the hotel has deducted 36,000 Yuan achievement “reservation”, requested our one to expend in the hotel. This matter cannot completely solve. We went to the other hotels to inquire situation, discovery some collect “intention gold”, several thousand Yuan. Do I have doubts very much, subscribe a banquet, charge name such many?
Newspaper learns through practice reporter Zhang Chi
Be responsible for mediate the Changning District consumer association Ms. Shi of this dispute to tell the reporter, this dispute exposed the hotel in the reservation banquet operation not the place of standard.
According to “Guarantee Law” concerned requirements, when ordering the banquet, the hotel may gather “earnest money” to the consumer, but do not surpass the aggregate amount 20%. Moreover the earnest money both has restraint to both sides, if the consumer cancels the contract for some reason, then the hotel is authorized not to return the earnest money, but if the hotel cancels the contract for some reason, then wants the double compensation. The hotel after gathering Mr. Wan the earnest money, actually draws up “deposit” receipt, this is being unfair, this money has the legal effect is different.
Ms. Shi said that at that time mediated after on the spot, both sides signed the agreement, the hotel side have deferred to the stipulation to return have surpassed 20% parts, but that 36,000 Yuan discussed an expense form with Mr. Wan. So-called “reservation”, is actually this expense form name, is only hotel own name.
The reporter has carried on the investigation by ordinary citizen’s status afterward, discovered that some hotels when ordering the banquet charge name and charge way are really different. Some three-star hotel request pays 5000 Yuan are used to elect to subscribe the date “picking a lucky day expense” first, afterward when signing the contract pays 30% earnest moneys. Some hotel requests to pay fixed amount “earnest money”, after signing the contract, when the distance conducts date one month pays the entire funds directly.
Question which exists in view of the wedding banquet reservation, the reporter also interviewed the city to disappear to guarantee the committee law and theory research department assistant director Tang Jiansheng. He believes that the hotel should achieve when wedding banquet reservation is legitimate and reasonable. First, regardless of being hotel’s form contract specific method must conform to the laws and regulations stipulation, cannot speak one’s mind. For instance the earnest money must have the written contract, the amount cannot surpass the total price 20%; If the hotel has charged 50% fee, that is not an earnest money, but is the advanced payment. In other words, if the consumer breaks a contract, hotel may request the consumer according to its loss payment penalty, but has no right not to return this money. Second, hotel’s behavior must be fair. The marriage is life important matter, if there is engagement to relieve, the wedding banquet is forced to cancel, this regarding the consumer is a very unfortunate matter. If the hotel must seek money, that is “puts salt in the wound”, is extremely immoral. Tang Jiansheng said that after receiving the consumer cancels the formal notice of wedding banquet, the hotel should do everything possible to sell. If there is not lost, should not confiscate the earnest money of consumer; If there is loss, should also discuss the concrete penalty amount with the consumer realistically.
“11” approach, many young people are preparing the wedding ceremony. The concerned personnels reminded the consumer, when ordering the banquet, should understand that the related laws, clarified the fee item and sign regular contract, specially the related bill must maintain consistent with the contract, this can safeguard own legitimate rights and interests. But the hotel should also the standard related reservation charge, to the consumer a clear and clear consumption environment.
(This article originates: Liberation Daily) 
