"exceptional circumstances" - legal stance

noalenpell

Hi all,
First of all excuse me if this is not in the right place, but hopefully a mod can move it if neccessary.

On to my predicament:
My partner and I had an events hall hired, with a deposit of £500 put down approx a year before the event.
We signed the agreement, with the "non-refundable deposit, except under exceptional circumstances".
At the time i took little notice, i was not intending to cancel.

However, approx 8 months before the event my father had become very ill with cancer, and things werent going as planned in recovery - so we decided that this event was lower on our list of priorities than before.

I contacted the events place for a possible refund of the £500, they asked me to put it in writing. I did, and recieved no reply - i phoned back, and ended up speaking to 'the exec', as they called him.
He told me that the deposit would not be refunded, i asked him just what "exceptional circumstances" are, he told me "im not sure, its just a legal term thats put in there". (also telling me, in relation to my father being ill that 'life is a b!tch', which i found ignorant, but thats another matter).
From this we sort of batted back and forth, and he said that they would free up the date, and if it was re-booked, i would be refunded.
At the time i had alot going on, and i thought - its 8 months away, i should be ok.
I rang recently, approx a month to go to the date, and without introducing myself the employee on the phone was able to tell me the name in which the event room was booked, and when i questioned it i was told that it was definately booked in my name.
I feel robbed as i never stood a chance of gaining by money back as the room as never let out - however, during the phone call to the exec, i asked for confirmation of his offer in writing and he said to me "no, my legal team would not sign it off, im doing you a favour" - which considering where my head was at during the time, i went for hook, line and sinker.

My main query is where i stand on the line "exceptional circumstances", however i thought id give you the full story to see if any of you Experts can pick a hole in the whole saga, and whether he has broken a verbal-agreement, therefore forcing his hand in refunding my deposit?

Since then other employees have told me "no, no, no, the room was definately made available" - qhich is of course what they would say, and also begs the question how the other employee was able to name who the room was booked for, without me introducing myself.

Anyway, i look forward to any guidance or advice that can be flung my way.

GeorgeUK

Really not sure what to advise you. The phone conversation is not in your favour - it's not worth the paper it's writen on.

You might be able to try reeling in the 'exec'.

Write to him referring to your telephone conversation (8 months ago?), giving a brief outline of what was discussed at the time, ask if the hall has been re-booked and if you will be able eligible to receive a refund due to the "exceptional circumstances" of your fathers illness of which you notified them.

Hopefully he will reply in writing that there has been no new bookings - this would give you written confirmation that contact took place 8 months previously, then you just need to get him on the "exceptional circumstances" and what these would be.

DVardysShadow

GeorgeUK wrote: »

Really not sure what to advise you. The phone conversation is not in your favour - it's not worth the paper it's writen on.

You might be able to try reeling in the 'exec'.

Write to him referring to your telephone conversation (8 months ago?), giving a brief outline of what was discussed at the time, ask if the hall has been re-booked and if you will be able eligible to receive a refund due to the "exceptional circumstances" of your fathers illness of which you notified them.

Hopefully he will reply in writing that there has been no new bookings - this would give you written confirmation that contact took place 8 months previously, then you just need to get him on the "exceptional circumstances" and what these would be.

Agree with this, then get a friend who is willing to make a statement to do a test call and attempt to make a booking. If they are booked, then they are not acting to mitigate losses and you stand more chance with a small claim.