Restaurant Booking Deposit Refund

Flyboy152

pcombo wrote: »

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.

I would imagine they take deposits in case someone doesn't turn up on the night and they are unable to fill the table.

However, three months is a reasonable cancellation period, I would have thought.

OP, all they are entitled to retain is any provable and reasonable costs they have incurred. Ask them to itemise their costs and provide you with proof they have incurred them. If they cannot, or will not, do this, go to your debit card provider and ask if they operate a charge back scheme.

Flyboy152

bigpound wrote: »

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

What small print?

crimsonfin

shaun_from_Africa wrote: »

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?
?

A few days before the booking then yes I would feel agrieved. 3 months+ in advance then perhaps I could have made alternative arrangements?

Flyboy152

pcombo wrote: »

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

In which case the seller is duty bound to point out any pre-contractual terms, which might materially affect the execution of the said contract.

Flyboy152

McKneff wrote: »

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

:wall:

People really ought to check before telling others to look things up.

crimsonfin

Thanks flyboy152. First bit of good advice so far :-)

Flyboy152

shaun_from_Africa wrote: »

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?

The seller has different obligations, to that of the buyer. That said, I doubt if the customer could do very much at all, especially if the restaurant had given reasonable notice, say about three months or so.

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

It is the duty of the seller to point out any terms and conditions which might materially affect the conclusion of the contract. It is not up to the buyer to ask.

sunflower_2

sorry - no legal advice but just wanted to say i agree with you totally OP

3 months notice of cancellation IMO would defo warrant your deposit being returned... its not as if they cant re-book your table.

which hotel was it?

regardless - i agree with Mckneff and the other parties should pay their share of the deposit.
if the hotel refuse point blank - its easier to say goodbye to £25 than to £100 :eek:

good luck xx

terryw

sunflower wrote: »

sorry - no legal advice but just wanted to say i agree with you totally OP

3 months notice of cancellation IMO would defo warrant your deposit being returned... its not as if they cant re-book your table.

which hotel was it?

regardless - i agree with Mckneff and the other parties should pay their share of the deposit.
if the hotel refuse point blank - its easier to say goodbye to £25 than to £100 :eek:

good luck xx

A good post sunflower, but beware that the OP does not want opinions. He wants legalities. See his earlier post:

"Thanks for the reply but not to be rude, im more interested in legalities rather than opinions "

Your second point that other members of his party should chip-in (presumably after the civil court hearing, if he loses) is a valid one.

Really the moral of the whole tale is not to book anything for your pals unless they give you the money upfront.

The fact that the cancellation is months away should work in the OP's favour. But this is down to the judge/advocate etc at the actual hearing. The hotel could turn up with declined bookings for that particular evening which show that they lost out as a result of this cancellation. And going to court is a gamble at the best of times. The hotel's offer to set this deposit against a future meal could well work against the OP.

hollydays

How many people was this for?