Wedding cancellation

[Amethyst]

Entirely up to you if you try to push for a refund of the £500 booking fee or if you're happy to let that go to 'compensate' them in return for their not bugging you about paying extortionate cancellation charges. If the August date had been booked initially, and not just a week ago, then you might have a weaker argument, reading the package details, as they'd maybe have booked photographer, DJ and whatnot.... although tbh it all sounds like it'd be provided for whoever booked the same date in any case - so in reality they wouldn't lose anything unless they fail to resell the date.... there's not a great deal of personalisation of the event available in there - just menu and colour scheme - which isn't picked till 3 months before anyway.

[Amethyst]

You've chosen wisely, Amethyst. My daughter got married on Hampstead Heath in an open air wedding. It was a logistical nightmare. Fortunately, it didn't pour with rain until after the wedding ceremony.

Ha, still must have been lovely on Hampstead Heath... we had booked a farm for a couple days with all the faff, but the cost just seemed batshit crazy when it was such a gamble on whether it'd just pee it down all weekend, and we both pretty much despise 'discos'.... we're much happier now it's small and simple, and we're putting the money we would have spent into buying our house instead lol.

So, the OP is being charged £2878 for a cancellation 10 months before the new date (and over a year before the original one). The venue has not had any outgoings, for food, drink or what is in my experience the most expensive item, namely hiring in waiters and cooks for the day. They have a very good chance of rebooking the room, anyway. This may well fall foul of:

"A term which has the object or effect of requiring that, where the consumer decides not to conclude or perform the contract, the consumer must pay the trader a disproportionately high sum in compensation or for services which have not been supplied."

And, although not relevant to the complaint, the price increase term in the contract falls foul of:
"A term which has the object or effect of permitting a trader to increase the price of goods, digital content or services without giving the consumer the right to cancel the contract if the final price is too high in relation to the price agreed when the contract was concluded."

There are clearly other faults in the contract.

Completely agree - their contract is dire all round.

[Kp1988]

Thanks Amethyst. We had an idea that we would lose the booking fee but was hoping for a bit of good will to get it back. Never expected to be hit with the cancellation charge especially as we made sure to look through the contract before cancelling and picked up on the point that the deposit has not been paid!

Especially as the reason for cancelling is due to terminal illness within the family and having to travel for a wedding which I have informed them about.

[2222]

Ha, still must have been lovely on Hampstead Heath... we had booked a farm for a couple days with all the faff, but the cost just seemed batshit crazy when it was such a gamble on whether it'd just pee it down all weekend, and we both pretty much despise 'discos'.... we're much happier now it's small and simple, and we're putting the money we would have spent into buying our house instead lol.

We got married in the local synagogue (we're Jewish obviously) and had tea and sandwiches in the hall round the back. My wife just wore a dress she already had (and looked lovely). If the guests felt they were short-changed, they were far too well-mannered to say so, and the marriage still seems to be holding up after nearly 40 years.

I wish both Amethyst and KP all the very best for your marriages.

[ostell]

OUCH. Glad I've just gone for a registry office and a pub lunch.

What a sensible lady, a girl after my own heart !! My last wedding was register office with two friends as witnesses and then all 4 of us to a local French style restaurant for lunch. Didn't even tell the kids or rest of the family.

[Kp1988]

Update: this is the response from the venue:

“Thank you for your email and patience in receiving a response whilst I was away from the office.

The £500 forms the initial deposit amount, secures your date and is deducted from the final balance. It is referred to as a booking fee as this is a reflection of us securing your date upon receipt of this payment but is a deposit amount paid and the payment was referred to as your deposit of £500 when we met and when you made the payment. The payment plan was also reiterated for your reference in your confirmation email.

The cancellation fee references the charges to be incurred upon booking and deposit paid which in your instance has occurred as you had booked your original date, terms and conditions have been signed, the £500 deposit payment has been received and subsequently we showed flexibility in accommodating a new date for you at no extra fee so there is no doubt that you had booked your wedding with The Orchard prior to sending us the cancellation confirmation.

Based on the above, I can therefore confirm receipt and acceptance of your cancellation but will reiterate the cancellation charges will apply.

Please do let us know if there are any further queries or if I can assist you with anything else. Should it make it easier, as mentioned in my previous email, we would be willing to accept a payment plan proposal from you to make it more manageable.”

I have responded with the drafted letter from Amethyst and they have now stated they are going to consult with their solicitor and get back to me no later than 19th October.

I really cannot see that they have a valid argument especially as they refer to things that were ‘said’ and not in the contract?