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Re: Wedding Venue Unsigned contract
Ive just sent this reply back to the MD of the campy as that who emailed me i look forward to hearing their response, its a bit long winded but hope it gets the facts across I'd like to thanks to everyone that helped this site is amazing
Hi xxxxxxxx
I have took some legal advice regarding xxxxxxx and I having to cancel the date we paid a provisional deposit for, Can I just run over a few things before I take it further as Ive been advised to get some clarity from yourself before I progress.
In the contract that we were sent it states that for the booking remains PROVISIONAL until
2.1 A copy off this contract with terms and conditions signed by you - Example Myself and xxxxxxx
2.2 Once the booking is confirmed all facilities and services reserved for you are subject to these terms and conditions - So your asking us to pay a cancelation fee for services that weren't even reserved for us as the booking was not CONFIRMED to which you've had no loss of revenue as we have paid the PROVISIONAL deposit that covers the function room.
Within 10 days from the deposit invoice Unusual venues of Edinburgh operators must receive your non refundable deposit, Signed contract with terms and conditions to CONFIRM your booking.
5.6 In the unfortunate event that you have to cancel a CONFIRMED booking, Please let us know as soon as possible as a fee will be levied which is based on the amount of notice you give us. It clearly states in writing that a fee will be charge for a CONFIRMED booking cancelation, There is nowhere in the contract saying there will be a cancelation fee against canceling a PROVISIONAL booking
Up until I emailed you with the unfortunate news of cancelling our provisional date we paid the deposit for, there was no services or facilities reserved for our date as we had not confirmed this with our signatures on the contract. So just to clarify your trying to charge me a cancelation fee for a provisional booking that was not confirmed? and that after the initial 10 days of us paying of provisional date deposit our date Unusual venues of Edinburgh could have relet our provisional date out anyway, As it clearly states on your contract.
Just to quote some information from the COMPETITION AND MARKETS AUTHORITY in cooperation with CONSUMER PROTECTION PARTNERSHIP including TRADING STANDARDS SERVICES and CITIZENS ADVICE
'If you cancel the contract, the business is generally only entitled to keep or
receive an amount sufficient to cover their actual losses that directly result
from your cancellation (eg costs already incurred or loss of profit'
'Businesses must take reasonable steps to reduce their losses (eg by re-selling
the goods or services''
'Non-refundable deposits should only be a small percentage of the total
price'
'Cancellation charges must be a genuine estimate of the business’ direct loss'
You want to charge us a £575.20 CONFIRMED booking cancellation fee for a PROVISIONAL booking?you clearly state in your contract no services are booked so no catering etc are even booked until you have CONFIRMATION which you did not receive from us so what direct loss have you had exactly?as well as you keep our £500 we've already paid.There has not even been any contact between ourselves since we provisionally booked never mind a loss in profit.
As the COMPETITION AND MARKETS AUTHORITY states that the business can keep an sufficient amount to cover their actual loss, To which you have 100% of what you charge to anyone who provisionally books the function room.
You said in your previous email that once a provisional deposit is paid then that is a contract as such, but not once was it mentioned verbally on our walk around your venue or on the day we paid our provisional deposit the a provisional deposit is as good as a written and signed for contract and I don't see any mentioned of this written into the contract we were sent?
As there is still nearly 4 months until the provisional date there is still sufficient time to re hire the function room out as you could have and would have 10 days after we paid the deposit and forgot to send the signed contract back on November 2015 as it clearly states in your contract, As well as keeping our provisional deposit of £500.
Can you please let me know if you want to continue with trying to charge us a CONFIRMED booking fee for our PROVISIONAL booking as if you do i'll need to go further and contact COMPETITION AND MARKETS AUTHORITY and TRADING STANDARD SERVICES And would it be ok to reference your name as your MD i'd rather deal with yourself than other staff
I look forward to hearing your reply
Regards
xxxxxxxx
Ive just sent this reply back to the MD of the campy as that who emailed me i look forward to hearing their response, its a bit long winded but hope it gets the facts across I'd like to thanks to everyone that helped this site is amazing
Hi xxxxxxxx
I have took some legal advice regarding xxxxxxx and I having to cancel the date we paid a provisional deposit for, Can I just run over a few things before I take it further as Ive been advised to get some clarity from yourself before I progress.
In the contract that we were sent it states that for the booking remains PROVISIONAL until
2.1 A copy off this contract with terms and conditions signed by you - Example Myself and xxxxxxx
2.2 Once the booking is confirmed all facilities and services reserved for you are subject to these terms and conditions - So your asking us to pay a cancelation fee for services that weren't even reserved for us as the booking was not CONFIRMED to which you've had no loss of revenue as we have paid the PROVISIONAL deposit that covers the function room.
Within 10 days from the deposit invoice Unusual venues of Edinburgh operators must receive your non refundable deposit, Signed contract with terms and conditions to CONFIRM your booking.
5.6 In the unfortunate event that you have to cancel a CONFIRMED booking, Please let us know as soon as possible as a fee will be levied which is based on the amount of notice you give us. It clearly states in writing that a fee will be charge for a CONFIRMED booking cancelation, There is nowhere in the contract saying there will be a cancelation fee against canceling a PROVISIONAL booking
Up until I emailed you with the unfortunate news of cancelling our provisional date we paid the deposit for, there was no services or facilities reserved for our date as we had not confirmed this with our signatures on the contract. So just to clarify your trying to charge me a cancelation fee for a provisional booking that was not confirmed? and that after the initial 10 days of us paying of provisional date deposit our date Unusual venues of Edinburgh could have relet our provisional date out anyway, As it clearly states on your contract.
Just to quote some information from the COMPETITION AND MARKETS AUTHORITY in cooperation with CONSUMER PROTECTION PARTNERSHIP including TRADING STANDARDS SERVICES and CITIZENS ADVICE
'If you cancel the contract, the business is generally only entitled to keep or
receive an amount sufficient to cover their actual losses that directly result
from your cancellation (eg costs already incurred or loss of profit'
'Businesses must take reasonable steps to reduce their losses (eg by re-selling
the goods or services''
'Non-refundable deposits should only be a small percentage of the total
price'
'Cancellation charges must be a genuine estimate of the business’ direct loss'
You want to charge us a £575.20 CONFIRMED booking cancellation fee for a PROVISIONAL booking?you clearly state in your contract no services are booked so no catering etc are even booked until you have CONFIRMATION which you did not receive from us so what direct loss have you had exactly?as well as you keep our £500 we've already paid.There has not even been any contact between ourselves since we provisionally booked never mind a loss in profit.
As the COMPETITION AND MARKETS AUTHORITY states that the business can keep an sufficient amount to cover their actual loss, To which you have 100% of what you charge to anyone who provisionally books the function room.
You said in your previous email that once a provisional deposit is paid then that is a contract as such, but not once was it mentioned verbally on our walk around your venue or on the day we paid our provisional deposit the a provisional deposit is as good as a written and signed for contract and I don't see any mentioned of this written into the contract we were sent?
As there is still nearly 4 months until the provisional date there is still sufficient time to re hire the function room out as you could have and would have 10 days after we paid the deposit and forgot to send the signed contract back on November 2015 as it clearly states in your contract, As well as keeping our provisional deposit of £500.
Can you please let me know if you want to continue with trying to charge us a CONFIRMED booking fee for our PROVISIONAL booking as if you do i'll need to go further and contact COMPETITION AND MARKETS AUTHORITY and TRADING STANDARD SERVICES And would it be ok to reference your name as your MD i'd rather deal with yourself than other staff
I look forward to hearing your reply
Regards
xxxxxxxx
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