Cancelled Wedding Deposit

[jack864]

Hi All,

Sorry if this is posted in the wrong sub forum.

I wanted to check if it is possible to get a deposit back if I've cancelled a venue for a wedding.

The venue was booked in October 2012 for use July 2015 and was cancelled in June 2014.

The deposit was £1000 and is non-refundable (although they state 75% is can be refunded if the date is rebooked by someone else)

Unfortunately it it appears the date has not been rebooked.

My main issues with this is £1000 seems a bit steep, surely there isn't £1000 worth of losses?

My other issue is, on their website, upto around October last year, when searching the dates for the venue the room appeared to be booked, so individuals looking to book that date might have been put off booking. So it was less likely to be rebooked during that time.

What are people's thoughts? I know it was classed as non-refundable but would like some of it back. Though if not, will have to take it on the chin.

Thanks!

[Kati]

Re: Cancelled Wedding Deposit

What is the exact wording of the T&Cs? Can you post them up?

[mystery1]

Re: Cancelled Wedding Deposit

It all comes down to whether or not is a penalty and whether they have mitigated their potential loss.

Para 66 http://13oldsquare.com/files/documen...proved_jdg.pdf explains the law on penalties. Parking eye v Beavis (due after the Easter recess ) might clarify a few things too.

M1

[jack864]

Re: Cancelled Wedding Deposit

Thanks.

the specific wording around cancellation is:

"A provisional booking will be held forfourteen days from the date of booking, after whichtime this booking will be released failing writtenconfirmation and deposit payment. The deposit of£1000 is payable when booking the *** and *** Room. The deposit is non-refundableand non-transferable. Should the wedding becancelled 12 months or more prior to the date booked,75% of the deposit will be refunded, if the cancelleddate is resold."

[enaid]

Re: Cancelled Wedding Deposit

Just wondered if they gave you a limit on the date the venue could be rebooked before you could not reclaim 75%

You just answered sorry crossed post.

[jack864]

Re: Cancelled Wedding Deposit

M1 - How would you prove if the deposit was based on a genuine mitigation of profit loss? From what I can tell the only loss to date would be the admin costs, and that wouldn't amount to £1000

[mystery1]

Re: Cancelled Wedding Deposit

You can't really prove it as such. Is it possible your enquiries could have cost £250 before you cancelled ? Did you do a viewing, communicate by letter/email etc My gut feeling is that it is a penalty but you'll almost never get a judge to agree unless a venue stiffed them in the same way.

M1

[jack864]

Re: Cancelled Wedding Deposit

We had a viewing, and various communications via phone and email. Thing is, it's not just the £250 they're holding back, it's the full £1000 (as no one has bought that room/date after we cancelled)

[mystery1]

Re: Cancelled Wedding Deposit

You'd have to go via their complaints procedure and if they say no then initiate court proceedings. Penalty arguments are won and lost all the time and it can boil down to which judge you get as to whether you win or not.

M1

[MissFM]

Re: Cancelled Wedding Deposit

Not an expert on this (except insofaras being ripped of by wedding suppliers, lol) but it does seem both unfair in itself, when you gave a full year's notice, and legally unfair in terms of an unfair contract, to withhold all of the deposit.

https://www.gov.uk/government/upload...426/oft311.pdf (section 4)

4.5 A way to improve the fairness of such a term is to ensure that it does not go beyond the ordinary legal position. Where cancellation is the fault of the consumer, the business is entitled to hold back from any refund of prepayments what is likely to be reasonably needed to cover his net costs or the net loss of profit resulting directly from the default.
18 There is no entitlement to any sum that could reasonably be saved by, for example, finding another customer.

It would also be interesting to get a friend to enquire about booking that venue for the date you had to see if they are telling porkies - after all, it's the height of the Wedding season.


Good luck!

[jack864]

Re: Cancelled Wedding Deposit

Would you recommend waiting until after the date the venue was booked for has past (in case someone books it and I receive the 75% back), or start asking he questions now.

if so, shall I mention the unfair contract terms as MissFM has mentioned, and ask for a breakdown of how the deposit has been calculated. Stating penalties are not enforceable.

Also, I've had someone call a few times asking for the date in question but each time they have said it is available.

Is there any other legislation/ guidance I could use to support my case (in addition to the Unfair contract terms guidance)

[MissFM]

Re: Cancelled Wedding Deposit

The fact that they have failed to sell the items you booked over the course of nearly a year would suggest either a lack of effort or a lack of saleability - neither of which is, on the face of it, your concern.

As Mystery says above (and as the UTCCR says), you are not liable for anything but their actual losses due to making and holding the booking for you for the time (20 months?) that they did. I suppose this could, at a stretch, justify the £250 being non-returnable. As for the balance (£750) I suppose if they had themselves laid out a similar sum in pre-booking services related specifically to your booking...bit of a stretch, isn't it?

I would expect them to return the £750 (to have returned it when you cancelled in ample time) and be looking for the £250 as well in the event that they do receive a booking.

What correspondence have you had with them up to now on the subject?

Had you booked the venue in its entirety as a wedding package or just accomodation?

[jack864]

Re: Cancelled Wedding Deposit

We booked one of the rooms they use for receptions (no accomodation was booked)

Most of my communication with them has been over the phone (probably three times since we cancelled). Ive emailed once or twice following up whether it had been rebooked or not.

[MissFM]

Re: Cancelled Wedding Deposit

I would write to them, politely but firmly requesting the return of your deposit, expressing surprise that they have held on to your money for nearly a year. Spell out the timing, date of booking, date of payment and date of cancellation. You could mention that planning a wedding is a busy and stressful time, hence your oversight in not actively pursuing your due refund sooner.

You could also point out that, following your cancellation, the venue was showing (confirmed) as booked and unavailable online until October of last year ie four months after your cancellation, so even according to their t&c's £750 should have been returned before then (as an aside, could there be someone else being fleeced of a deposit one wonders?) It's certainly not your responsibility if it were subsequently booked and cancelled by another, or withheld from the market for some other reason.

I think I'd be inclined to see what their (written) reaction is before quoting legislation etc., but obviously it's up to you.

That is what I would do - I'm not saying it's the right or the only thing to do, so see what others more au fait with legal process think.

It's worth being robust as, IMVHO, you are most unlikely to see any of your money returned otherwise :tinysmile_twink_t2: x

[jack864]

Re: Cancelled Wedding Deposit

Hi all,
So, received a letter from the hotel today stating the following:
"...I would like to advise you that at present we have not yet sold the room for the date booked in July.


However if we resell the room for this date we will then refund 75% of your deposit..."
Will this mean the next step is for small claims court? or write to them stating this will be the next step if it's not resolved?