Wedding deposit + liabilites
Comments
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If the deposit was paid over the phone and not done in person then i would see that as a payment to secure the date subject to the contract being signed.
As you say that the contract was never signed i definitely don't think they can chase you for the additional £3.5k but you might have to forgo the deposit.....
Have a look here: http://www.which.co.uk/consumer-rights/advice/how-to-cancel-a-contract-without-being-penalised0 -
@CM66 - That was my understanding too, as well as some of my lawyer friends. I was expecting the loss of the deposit to be honest and would have paid it (maybe kick up a small fuss to try and get some money back - but ultimately i would have been ok with that)
My issue more is around the 3.5k
@bris - with the lack of Ts&Cs - what is the contract being applied against though? Does the ambiguity not favour me? I was put into a contract without all the information. I should have maybe had the due diliigence to check - but as the consumer should i be expected to check everything - especially since i am not experienced in the matters of wedding planning and such0 -
I think that you are looking at it wrongly.I was put into a contract without all the information.
You agreed a contract with the information available at that time.
Now the other party to the contract wish to add terms to that contract.
What are the "various postal issues" you refer to in your opening post?0 -
Yes, actually seems you are more correct.
My underrstanding as mentioned before, was the depo was to reserve the date so no one else could take it. And booking was yet to still occur. It even says on their booking form, no formal booking confirmation can be completed till the booking form, T+Cs, and deposit is received.
Wrt postal issues - probabaly not the best of wording.
After i piad the depo on the phone, they told me they would send out some docs. Few days later I still hadnt received said docs nor had i received a receipt for the payment. Given it was a large payment I called up asked about the docs and whether they had actually received my payments. I was told they have been sent via post.and should wait. about a week later they emailed me asking if i had signed the docs + booking form. I told them I havent received anything yet and asked to post to an alternative address. This time instead of posting it out againt they emailed it to me.
I assumed postal issues but cant confirm. It doesnt seem like on their end the documents were sent via any signed method either so they are unable to confirm via any tracking number.
I sought some council from a legal friend - who off the top of their head told me in the absence of the Ts+Cs being told to me or on their website, that any cooling off period shouldnt begin until I receive the information because i am not sure what i am cooling off from. In this case because the docs werent received and they cant confirm that they sent it, it would be from when they emailed me the docs which would have been last week. Given that I called them and emailed them requesting it, there is a bit more umph in my claim. However i did not take a recording of the call, but i do have the emails which can help substantiate that part of the claim.
I looked into the above a little, and having looked at other wedding venues they clearly have all these details stated on their site. i.e if you book and cnacel by x date there is y cost.
The venue have yet to reply to me0 -
Yes, actually seems you are more correct.
My underrstanding as mentioned before, was the depo was to reserve the date so no one else could take it. And booking was yet to still occur. It even says on their booking form, no formal booking confirmation can be completed till the booking form, T+Cs, and deposit is received.
Wrt postal issues - probabaly not the best of wording.
After i piad the depo on the phone, they told me they would send out some docs. Few days later I still hadnt received said docs nor had i received a receipt for the payment. Given it was a large payment I called up asked about the docs and whether they had actually received my payments. I was told they have been sent via post.and should wait. about a week later they emailed me asking if i had signed the docs + booking form. I told them I havent received anything yet and asked to post to an alternative address. This time instead of posting it out againt they emailed it to me.
I assumed postal issues but cant confirm. It doesnt seem like on their end the documents were sent via any signed method either so they are unable to confirm via any tracking number.
I sought some council from a legal friend - who off the top of their head told me in the absence of the Ts+Cs being told to me or on their website, that any cooling off period shouldnt begin until I receive the information because i am not sure what i am cooling off from. In this case because the docs werent received and they cant confirm that they sent it, it would be from when they emailed me the docs which would have been last week. Given that I called them and emailed them requesting it, there is a bit more umph in my claim. However i did not take a recording of the call, but i do have the emails which can help substantiate that part of the claim.
I looked into the above a little, and having looked at other wedding venues they clearly have all these details stated on their site. i.e if you book and cnacel by x date there is y cost.
The venue have yet to reply to me
They may have it on their website but ultimately all they could enforce via the courts is their actual losses. Under some circumstances that could be more than the deposit but in many cases it will be less. They have a duty to mitigate any losses as far as possible by making reasonable efforts to sell the date, cut their own costs etc. Trying to claim more than that becomes a penalty and is unlikely to be enforceable regardless of their terms and conditions.0 -
I sought some council from a legal friend - who off the top of their head told me in the absence of the Ts+Cs being told to me or on their website, that any cooling off period shouldnt begin until I receive the information because i am not sure what i am cooling off from. In this case because the docs werent received and they cant confirm that they sent it, it would be from when they emailed me the docs which would have been last week. Given that I called them and emailed them requesting it, there is a bit more umph in my claim. However i did not take a recording of the call, but i do have the emails which can help substantiate that part of the claim.
I do not think you get a cooling off period with hotel bookings, and I think a wedding venue will similarly not get a statutory cooling off period period.
[There are some contracts where you won’t have a right to cancel a service. For example, hotel bookings, flights, car hire, concerts and other event tickets, or where the trader is carrying out urgent repairs or maintenance.
From: http://www.which.co.uk/consumer-rights/regulation/consumer-contracts-regulations]
That said I think it unlikely the hotel's expenses and loss of profit will be greater than £1000 provided they are able to book a replacement. (If they rebook then loss of profit will only arise if they have to accept a lower monetary profit margin on the replacement booking, similarly the hotel's expenses will only be the extra expense arising from your cancellation e.g. marketing costs to find the replacement etc.)
I also think you could argue that you believed the deposit was what you thought you would lose if you were to cancel (though I am not sure this argument would be successful).
So I would let them sue you.0 -
I do not think you get a cooling off period with hotel bookings, and I think a wedding venue will similarly not get a statutory cooling off period period.
You're right - hotel accommodation, catering or leisure activities to be performed on a specific date/s are exempt from the right to cancel. The implementing guidance actually gives a wedding venue as an example for leisure activities.
However, the rest of the CCRs apply so the venue were under an obligation to provide certain information prior to the OP being bound by the contract and then provide confirmation of the contract & certain information via durable medium.You keep using that word. I do not think it means what you think it means - Inigo Montoya, The Princess Bride0 -
unholyangel wrote: »You're right - hotel accommodation, catering or leisure activities to be performed on a specific date/s are exempt from the right to cancel. The implementing guidance actually gives a wedding venue as an example for leisure activities.
However, the rest of the CCRs apply so the venue were under an obligation to provide certain information prior to the OP being bound by the contract and then provide confirmation of the contract & certain information via durable medium.
They actually do have a cooling off period which was told to me once only when i called up to cancel.
As mentioned, when asked why these arent mentioned on booking they told me it was because they never expect people to cancel so dont feel the need to mention. As to why none of this information is not available on their site - there was no comment.
THey have however replied to my email.
My issue was raised with the "sales director" and the cancellation fee was waivered. but they are still going to keep the depo.
I guess this is a sort of win. Is it worth me trying to argue my deposit back?0 -
They actually do have a cooling off period which was told to me once only when i called up to cancel.
As mentioned, when asked why these arent mentioned on booking they told me it was because they never expect people to cancel so dont feel the need to mention. As to why none of this information is not available on their site - there was no comment.
THey have however replied to my email.
My issue was raised with the "sales director" and the cancellation fee was waivered. but they are still going to keep the depo.
I guess this is a sort of win. Is it worth me trying to argue my deposit back?
Well if its a popular venue and the original date gets booked up you can then use this as a reason to get your deposit back. If you send a Letter Before Action and start a Money Claim Online they will have to prove that you cancelling has cost them money.0 -
Well if its a popular venue and the original date gets booked up you can then use this as a reason to get your deposit back. If you send a Letter Before Action and start a Money Claim Online they will have to prove that you cancelling has cost them money.
Yes.
However, if you are not in a great rush, I would be tempted to wait until after the date and somehow find out if it was actually re-booked. If it was then I would write and demand the deposit back (less reasonable admin costs).
If you don't want to wait that long, give it a few weeks for the dust to settle then get a friend to make an enquiry about the date you had booked!
You have up to six years to make a claim (5 in Scotland).....0
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