Restaurant Booking Deposit Refund

crimsonfin

Hi All

Looking for a bit of consumer advice.

Made a booking over the phone at a hotel restaurant for Sept 2011 (in Scotland if it matters?) and paid a deposit of £100. The deposit was paid over the phone via my Debit Card. Hotel wrote to confirm they have received the deposit a few days later.

Due to circumstances outwith my control (namely people pulling out) we are now unable to go ahead with the planned meal and want to cancel. Hotel is now refusing to refund the deposit (even though we are giving them over 3 months cancellation notice). They have however said that we can use the money to offset the cost of a meal in their restaurant should we wish to proceed with a scaled back booking.

Does anyone know if I am legally entitled to a refund having not signed any legally binding document with the hotel ?

Thanks in advance

terryw

Signing a legally binding document is a bit of red-herring - it is merely extra evidence that a contract is in force. You have made a contract with the hotel - the deposit is very good proof of this. For your reasons you can't fulfill your part of the bargain. The hotel's offer looks to be quite fair in my opinion

crimsonfin

Thanks for the reply but not to be rude, im more interested in legalities rather than opinions (Im of the opinion that giving over 3 months notice of a cancellation is more than fair :-)

I've cancelled other bookings such as hotel rooms bookings in the past with much less notice and received a full refund. I realise that this may be dependant on individual companies terms and conditions but Im more interested in where consumers stand legally with deposit payments for goods/services in the uk.

pcombo

Why do you think they take deposits in the first place, For this precise matter of messing them about or losing money.

You agreed to the deposit you dont have any rights.

bigpound

You should read the small print, it will say there if you can get your deposit back or not.

crimsonfin

bigpound wrote: »

You should read the small print, it will say there if you can get your deposit back or not.

This is the crux of my problem. I paid deposit over phone. I filled in no paperwork. I received letter confirming receipt of deposit. That's all it said. No terms. No conditions. No small print. Hence my current confusion and annoyance

pcombo

crimsonfin wrote: »

This is the crux of my problem. I paid deposit over phone. I filled in no paperwork. I received letter confirming receipt of deposit. That's all it said. No terms. No conditions. No small print. Hence my current confusion and annoyance

You never heard of a verbal contract. You signed the contract soon as you gave them authorization to take payment.

crimsonfin

Yes i get that. But no mention was made of any conditions such as not allowing refund. Surely to enforce a contract (verbal or otherwise) the conditions and commitments Of both parties must be made clear.

McKneff

You really should look up the definition of 'deposit'

If some have dropped out just do a scaled back get together.

That's the legalities of it.

Your choice -
Of course you could go round all the people and collect their share of the deposit you have lost

shaun_from_Africa

What would your reaction have been if everyone in your party was able to go and then the restaurant manager contacted you and told you that they were cancelling the booking as some of their staff wanted a day off on the date your meal was planned for?

When you made the booking did you enquire as to their cancellation policy?

crimsonfin

Deposits can be refundable (rental deposit, hotel booking etc) so not sure why looking up the definition would help?

I did however come across this which actually states
Some legal facts regards contractual agreements. So as I suspected if the terms are not clear then either party can get out of the contract. I may indeed have a leg to stand on after all

... Can't post links so if anyone should ever need this in future then google this phrase to see the link "Do i have to refund a deposit if i have stated Non refundable deposit in my ad"

Not a 100% fit to my scenario granted but enough to start with