Non Refundable Deposit on Wedding Venue

Freddie_Snowbits

My contract for Wedding Photography states that the deposit (£500) is not refundable by differing degrees of time. If the booking is more that a year away, a full refund is given, less than 1 year, 50%, less than 6 months, nothing.

I would still have time to get another client in for the whole shabang for 2010 dates from Easter, but if you're booked before then, it would be difficult.

pinkshoes

26th June is only 4 months away, so although you're losing £500, unless the hotel find another couple getting married and want a venue in just 4 months time, then they will end up with greater losses than you.

Perhaps write them a letter asking that if they manage to fill the vacancy with another wedding, then perhaps they would return the £500 as a good will gesture? (and if they do rebook and don't bother returning the £500, then you will turn up at the other wedding and stand outside the reception singing the Lambada until they give you the money back).

V.Lucky

They have shown you all around the venue, spent time with you and paperwork, I am sure the deposit covers things like this.

eyelinerprincess

pinkshoes wrote: »

26th June is only 4 months away, so although you're losing £500, unless the hotel find another couple getting married and want a venue in just 4 months time, then they will end up with greater losses than you.

Perhaps write them a letter asking that if they manage to fill the vacancy with another wedding, then perhaps they would return the £500 as a good will gesture? (and if they do rebook and don't bother returning the £500, then you will turn up at the other wedding and stand outside the reception singing the Lambada until they give you the money back).

It was 26th June next year! You been time travelling again, pinkshoes?

Tozer

girltuesday wrote: »

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!

As mentioned above, there is plenty of legal authority for the fact that deposits in this sort of case are FULLY refundable.

Brooker_Dave

Tozer wrote: »

As mentioned above, there is plenty of legal authority for the fact that deposits in this sort of case are FULLY refundable.

I don't see how.

Would make deposits pointless if they had to be repaid.

moonrakerz

Tozer wrote: »

As mentioned above, there is plenty of legal authority for the fact that deposits in this sort of case are FULLY refundable.

Firstly - I hit "thanks" instead of "quote" !

This post is rubbish !
The venue incurred costs in setting up the booking in the first place and may well have turned away other business because of the cancelled booking !

Altarf

By cancelling the wedding reception the couple have breached the contract with the hotel.

The hotel is entitled to damages for that breach, but only for the amount that they will lose due to the cancellation. i.e. only for any costs that cannot be avoided and loss of profit, not the whole value of the original contract.

However the hotel has a duty to mitigate their loss, so if they can re-hire the room they should do so to reduce any loss.

If they do re-hire the room, but have suffered additional costs (e.g. advertising) and/or a decrease in profit (by renting the room cheaper), then that would be all the damages that they would be entitled to.

If they could not re-hire the room then as I mentioned before, they could claim damages for any costs that cannot be avoided and loss of profit.

However as the booking is for June 2010, it seems rather unlikely that they will not be able to re-hire the venue by then.

What I would be tempted to do is leave matters as they are, and not communicate any further with the hotel, but closer to the 26th June 2010 get someone to contact the hotel and ask for their current prices and if they have availability to cater a wedding on that date.

If that day is booked and prices have not fallen, ask again for the return of the deposit, and if they refuse sue them. They would then need to demonstrate to the court what their losses were.

Enfieldian

pinkshoes wrote: »

turn up at the other wedding and stand outside the reception singing the Lambada until they give you the money back

Why?

What has it got to do with the couple who eventually use the venue on this date?

Tozer

moonrakerz wrote: »

Firstly - I hit "thanks" instead of "quote" !

This post is rubbish !
The venue incurred costs in setting up the booking in the first place and may well have turned away other business because of the cancelled booking !

No it is not. It is based on English law. Suggest you get a grip and calm yourself down.

Once you do, you will realised that there is no loss UNTIL the venue fails to find an alternative by the original date.

If they find an alternative, then they suffer no loss.

As mentioned, there is a stack of case law on this subject.