Question on Refunding a Down Payment for a Resort Stay in the Philippines

Question:

The client canceled their overnight stay at a resort, where they made a 10,000 PHP down payment. The contract does not specify that the down payment is non-refundable but mentions a 5,000 PHP charge deductible from the deposit if rebooked within 7 days. The client sent a cancellation notice 9 days prior to the stay. Can they get a refund?

Answer:

Applicable Laws:

Civil Code of the Philippines: Articles 1305 to 1306 generally guide contract formation and obligations.

Is the Down Payment Refundable?

In your situation, the contract does not specifically state that the down payment is non-refundable. Therefore, by default, you should be entitled to a refund.

The 5,000 PHP Rebooking Fee:

The contract mentions a 5,000 PHP rebooking fee deductible from the down payment if rebooked within 7 days. However, you sent the notice 9 days in advance, which falls outside this window. Therefore, this condition should not apply to you.

Possible Steps:

Direct Communication: The first step would usually be to communicate directly with the resort to explain the situation and request the refund.
Mediation: If direct communication fails, consider a third-party mediator to resolve the issue amicably.
Legal Action: As a last resort, you could seek legal redress by filing a civil case for breach of contract.

Recommendations:

Given that the contract doesn't state the down payment is non-refundable and you've adhered to the terms, you should be entitled to a refund. Consult a lawyer to confirm your legal options and proceed accordingly.

Disclaimer:

This article is intended for informational purposes only and should not be construed as legal advice. For legal advice tailored to your specific situation, consult with a qualified attorney.