Wedding venue Breach of Contract??

BodyShopBabe_2

I am furious but not sure where I stand and would be grateful for any advice.

I am getting married in 5 weeks and signed with the venue in question in June 2008. Yesterday when we attended a meeting with the venue Co-Ordinator, she advised that the food prices had increased by £6 per head, the cost of the accommodation had increased and most importantly, that none of the prices we agreed to last year include VAT!!

I have a price list which states on the bottom "all prices are inclusive of VAT and subject to change".

Luckily I have found another local venue with availability so have told our current venue we wish to cancel. However, because of the proximity to the wedding they are going to charge us 30% of the total cost. This equates to around £1500.

My argument is that they didn't tell us about the price rise until we were inside the timescale where we had to pay 30%. Had they told us this last year we would have cancelled without any financial consequence to us.

Can anyone offer any advice? Can we pursue recovery of our deposit (£650) from them

Thanks?

Minxy_Bella

Oh Lord! I'm so sorry you've had to go through this! I've got a meeting with my venue in less than an hour - 6 weeks to go to the wedding - and I'm nervous about the same thing!

I would consult the CAB or a solicitor if I were you. I doubt you can get your deposit back but if you've signed a contract, you might be stuck with paying the 30%, I'm afraid. Get some legal advice ASAP, hun!

Good luck!

xxxx

naijapower

The venue has to stick to to what the contract says. I suggest you go over the entire contract again and a make a formal request to them for breach of contract

BodyShopBabe_2

There was no formal contract as such. They say the completion of the booking form together with the written terms and conditions make the contract. There's nothing in the t&c's about price rises.

TonyMMM

BodyShopBabe wrote: »

I have a price list which states on the bottom "all prices are inclusive of VAT and subject to change".

You may have cause for a good argument about them now claiming VAT needs to be added, but as they say "prices are subject to change" I don't you will get far on the increase

Clive_Woody

I would have thought if they wish to change the prices then they are effectively presenting you with a new contract (therefore invalidating the old contract and should therefore refund your deposit in full).

Alternatively I would have thought that this would constitute an unfair term in the contract.

Consumer Direct says the following

Unfair terms in contracts - what is an unfair term?

An unfair term in a contract covered by the Unfair Terms in Consumer Contract Regulations (UTCCRs) is not binding on you.


Test of fairness

A term is unfair if:

• Contrary to the requirement of good faith it causes a significant imbalance in the parties' rights and obligations under the contract, to the detriment of consumers.

'Good faith' means that traders must deal fairly and openly with you.

Although standard terms may be drafted to protect commercial needs, they must also take account of your interests and rights by going no further than is necessary to protect those legitimate commercial interests.

http://www.consumerdirect.gov.uk/before_you_buy/think_of/unfair-contracts

I would give consumer direct a call and see what they have to say.

http://www.consumerdirect.gov.uk/

JasonLVC

If you have a price list, then that price list forms part of any contract/agreement that you entered into last year.

If the price list says the price includes VAT then the price includes VAT. A wedding day is not going to be paid for by a corporate body, it'll be by an individual person. As such, where the service being offered by the supplier/hotel is to an individual it is obliged to show a VAT inclusive price. So either way, you have evidence that the price includes VAT and you'd expect that anyway as it is not a business purchase.

If the price list says subject to change, then that does allow them to change the base prices for their services, but they cannot now say that VAT is no longer included, having already confirmed that VAT is included in the price. The cost of a starter may have gone from £1 to £6, but both those prices are INCLUSIVE of VAT...which last year was 17.5% and is now 15%.

Sounds like the hotel has either double booked you and is trying to get rid of you without you sueing them or they are just plain greedy and think you are stupid.

My view is that if they have changed the contract fundamentally (and a £6 per head price increase is a major change), then the contract is void and you should be entitled to your full deposit on the basis that the contract you originally agreed is not the same contract now. Go online, file a small claims court action for about £50 or so and when the hotel gets the court papers, they'll pay you your deposit back as they are in the wrong.

JasonLVC

Clive_Woody wrote: »

I would have ....:D

Sorry Clive, I started to post at about 2.00 and then just took a really long call from a client, I then finished my post and see you've already said about the breach of contract by changing the prices.

The hotel is trying it on. Deservse to go out of business for sheer greed and contempt for its customers.

BodyShopBabe_2

:hello: Thanks for the great advice.

As advised I called consumer direct and they told me pretty much what everyone's said on here. They can't increase the prices from those we agreed on without first consulting us so they're in breach of contract.

I am just glad I have found somewhere else at short notice otherwise I'd be panicking now.

I am so surprised this has happened the venue is a small family run country house which is part of the reason we chose it in the first place.

The wedding co-ordinator mentioned a week ago that she hasn't got any weddings between now and end of May apart from ours. As far as I'm concerned they're trying to make as much money out of us as they can to get back some money they've lost by having no other bookings.

Still angry but can see that we've probably got a case against them. Thanks again.

Clive_Woody

BodyShopBabe wrote: »

:hello: Thanks for the great advice.

As advised I called consumer direct and they told me pretty much what everyone's said on here. They can't increase the prices from those we agreed on without first consulting us so they're in breach of contract.

I am just glad I have found somewhere else at short notice otherwise I'd be panicking now.

I am so surprised this has happened the venue is a small family run country house which is part of the reason we chose it in the first place.

The wedding co-ordinator mentioned a week ago that she hasn't got any weddings between now and end of May apart from ours. As far as I'm concerned they're trying to make as much money out of us as they can to get back some money they've lost by having no other bookings.

Still angry but can see that we've probably got a case against them. Thanks again.

One thing to consider is make sure you have written proof that they tried to increase their prices (email or letter) or they may try to deny they did this and simply claim you cancelled and therefore forfieted your deposit. Simplest way to get this would be to ask them to send you a letter detailing their proposed price increases.


Then I would send them a brief letter stating what was said here and the advice you received from Consumer Direct and demand a full refund within 14 working days otherwise you will proceed to make a claim in the small claims court (very easy to do online). Send the letter recorded delivery so you have proof, if needed, of receipt by the hotel.

Then stop worrying and enjoy your big day.

BodyShopBabe_2

Thanks

Yes I have kept all their emails to me. They have just sent me a new one insisting that we now have to pay VAT on top despite the fact that I have shown them the paperwork I have which states the prices are INCLUSIVE of VAT.

Think I may look at reporting to Trading Standards. One solicitor I spoke to said we can sue for stress and inconvenience at having to change venue at such short notice plus associated costs such as having the bands read again which is another £60 to pay out.

Feeling a lot better now thanks again for all your advice.