Non Refundable Deposit on Wedding Venue

Roland_Shaw

My daughter and her fiance booked and paid the deposit for a hotel for there wedding reception last Septemebr 2008 and the date for the wedding being 26th June 2010. The contract they signed said non-refundable deposit and they paid the sum of £500. Unfortunately in the intervening time after a little discord they have ended there relationship. The hotel has agreed to cancel the booking and in doing so informed us that we had not incurred any extra charges but refuses to pay back the deposit.

My case is that if they have not incurred any costs and they have more than sufficient time to take a booking for the same date they are merely profiteering. I feel i should right and inform them that if they manage to make a replacement booking they should feel obliged to repay the deposit.

Am i right or do they have a water tight case?

Roland

dreamypuma

Roland_Shaw wrote: »

The contract they signed said non-refundable deposit and they paid the sum of £500.

Doubt you'll get any further, I don't think you have a case as they signed a contract and agreed that the deposit is non-refundable. Chalk it up to experience. The fact that the hotel didn't incur any costs is irrelevant.

Morally I understand where your coming from , but they're running a business and the terms of the deposit were quite transparent.

You could always try to appeal to the Hotel Manager's softer side and plead you case, they may have a heart and go 50/50.

Kavanne

Your daughter or her partner probably signed a contract so you won't be able to get anything back.

peachyprice

Roland_Shaw wrote: »

My daughter and her fiance booked and paid the deposit for a hotel for there wedding reception last Septemebr 2008 and the date for the wedding being 26th June 2010. The contract they signed said non-refundable deposit and they paid the sum of £500. Unfortunately in the intervening time after a little discord they have ended there relationship. The hotel has agreed to cancel the booking and in doing so informed us that we had not incurred any extra charges but refuses to pay back the deposit.

You've answered your own question.
You daughter could appeal to the hotel to refund the deposit if they do manage to book the date to another couple as a gesture of good will, however, they are in no way obliged to do so.

KimYeovil

There is also the problem of all the couples between when you signed and cancelled deprived of being able to choose that venue.

And if deposits were refundable then everyone could pencil in half-a-dozen different venues and choose later. How would you be able to book anything, then?

Kynthia

Would this type of thing be covered by Wedding Insurance?

I met a couple who's reception venue burnt down the night before the wedding! Luckily the insurance company forked out for a new venue to be booked the same day. A lot of weddings had to be moved as it took a year for the venue to be rebuilt, and during the summer it held two to three receptions at least every Friday and Saturday.

dacouch

Wedding Insurance does not cover claims where the bride or groom decide not to go ahead with the wedding as they have fallen out, the insurance term is disinclination...

Kynthia

Thanks Dacouch, that's good to know.

Pollycat

KimYeovil wrote: »

There is also the problem of all the couples between when you signed and cancelled deprived of being able to choose that venue.

And if deposits were refundable then everyone could pencil in half-a-dozen different venues and choose later. How would you be able to book anything, then?

Very sensible answer.

Tozer

Deposits can, at times be refundable despite the fact that they are stated to be non-refundable.

If the venue can find alternative people to take the date (which I am sure they will), then the suffer no loss. Keeping the deposit acts as a penalty for withdrawing from the contract. Penalties are not permitted under English law and you would be entitled to claim it back.

That said, you would need to issue proceedings and be prepared to argue fairly detailed case law at Court.

girltuesday_2

I would write to them and ask if, as a gesture of goodwill, they would return the deposit iin the event that another couple books that date.

If they don't get a replacement booking, they'll be out of pocket so there's no reason why they should return your deposit. Sorry!