Contract not signed- refund??

I_Love_Shoes

I have posted this elsewhere so apologies for the double post, not sure where to put it!
I do a bit of wedding photography in my free time to earn a bit of extra money.
I have a contract in place that covers most eventualities as you never know what might happen!
I sent a contract out to a client last year, who confirmed she had received it and sent me the non refundable booking fee via a bank transfer.
She then contacted me about 2 weeks ago to say she had lost the contract and can I send her another one, which I said I would.
It slipped my mind and they are now demanding a refund of the money they paid because they haven't signed anything.
I'm not too sure where I stand here as I have written proof (via emails) that she has received the contract and that the booking fee will take their date off the market for other couples to book (one of the busiest weekends of the year) but then they haven't actually signed anything?
Where do I stand?
Please be nice

pinkshoes

Well on the basis she knew what she was paying for and you have this in writing, it would seem the contract was more a formality for YOUR benefit, not hers.

I'd just send her ANOTHER contract along with a polite letter.

Although saying that, do you have anything in writing saying that the deposit is non refundable? Did she have a copy of the contract before she then paid the deposit?

System

Can you not just send the money back and pick up another gig for the same date? How far away is this date?

I believe if you can rebook yourself for that date you legally have to refund

Fosterdog

goater78 wrote: »

I believe if you can rebook yourself for that date you legally have to refund

Any actual losses can be retained though, including the cost of re-advertising for the date and your time already taken up with the booking along with any other provable costs

System

Fosterdog wrote: »

Any actual losses can be retained though, including the cost of re-advertising for the date and your time already taken up with the booking along with any other provable costs

It wouldn't be readvertising though as I assume they have existing advertising, I would expect that they do not advertise for specific weekends they just turn down bookings for weekends they are already booked for. Freeing that weekend would not mean any extra costs?

I would suspect the actual amount spent on this booking so far has been minimal.

I_Love_Shoes

I haven't had any other enquiries for that weekend yet, so it could potentially go unbooked and I will be £££s out of pocket.
She received the contract, emailed me to confirm this, then paid the £100 fee.
I said she needs to pay 'a deposit' but in the contract it explains the deposit is a non refundable booking fee in order to secure a date.
Legally do I have a leg to stand on?
She obviously received the contract and sent the payment knowing what the terms are

TonyMMM

I_Love_Shoes wrote: »

I sent a contract out to a client last year, who confirmed she had received it and sent me the non refundable booking fee via a bank transfer.

A signature isn't always necessary to show that a contract exists between two parties - the above may well be enough.

What you can reasonably retain from the deposit is a separate issue.

I_Love_Shoes

So if this goes to a small claims court based on the fact she has admitted she has received the contract and then paid me based on the terms that the deposit is non refundable then I would be seen in favour?
Not too sure how legal the contract is when they havent signed it!

reehsetin

her sending the deposit I think is acceptance of the contract in law, she knew the terms and had them available before she sent the deposit, a contract doesn't always have to be signed if it has been acted upon then parties have agreed to be subject to the contract ...but I've never been to small claims myself

I_Love_Shoes

reehsetin wrote: »

her sending the deposit I think is acceptance of the contract in law, she knew the terms and had them available before she sent the deposit, a contract doesn't always have to be signed if it has been acted upon then parties have agreed to be subject to the contract ...but I've never been to small claims myself

Thank you.
Those were my thoughts exactly.
Just hope they dont take it as far as a small claims court!

halibut2209

If you get another booking for at least the same amount you would have got, then return the deposit. If you don't, then keep it.