Wedding contract nightmare! Really stressed out, HELP!!

hsirk

Hello everyone,

Thanks in advance for taking the time to read this and hopefully experts can shed some light on where I stand with regards to my wedding venue contract!

I’m having issues with my Wedding Venue and am totally lost and don’t know where I stand. We signed a contract for our wedding venue back in July 2013 and paid a 25% deposit. The wedding venue had 4 rooms in total of which the biggest one was the one that suited us and that’s the one we booked and is on the contract. Now, this biggest room was actually a marquee on the grounds of this Grade 2 listed country house. This marquee in question was in breach of planning permission and there was an ongoing legal battle between the venue owner and the local council. We were never informed of this on signing the contract. Im not sure where I stand legally on this but in my opinion they hid information from us which could affect our big day. This should have never happened!

Just after Christmas (December 2013), we saw an article in the local newspaper about the venue. The owner was convicted in the case and was to be sentenced in a month. Even at this point there was no contact from the venue. After I gave a few days to contact me I decided to contact them myself and arrange a meeting (January 2014). At the meeting, I was given assurance (by word) that our wedding would go ahead and that the marquee in question would not be coming down. The owner confidently said how the marquee would still be there if we decided to pop in at any given time and there he did not see it coming down till 2015. He also advised us that he was taking the matter to the EU courts and was very confident of our wedding not being affected.

The date of the sentencing approached and we waited to get some more information. On checking the council's website we learnt that he was sentenced to a £15,000 fine and costs. This sentence related to his conviction for failing to comply with an enforcement notice served in July 2010, requiring him to remove an unauthorised marquee. The owner appealed the serving of the enforcement notice which failed as did two further challenges, the first in the High Court in 2011 and final challenge in the Court of Appeal in May 2012. After this in February 2013, the council started the prosecution for failure to comply with the enforcement notice. ALL THIS INFORMATION WAS HIDDEN FROM US WHILST SIGNING THE CONTRACT!!! If we were given this information in July 2013, we wouldn’t have signed the contract and none of this would have happened.

After this (February 2014), we received a call to come to a meeting. We were not given any information on phone. During the meeting, we were told that the marquee has come down and that he had some "wonderful" options for us. The options were;
1. A different venue 28 miles away
2. One of the smaller rooms with the possibility of an extension to suit our numbers
3. A temporary marquee at the exact spot where the original marquee was situated. He advised he would use a hire company to set this up before the event.

During this meeting, when we hinted of a cancellation he told us that he wasn’t cancelling so we would be liable to pay 75% as we were within 3 months of the event. The contract does state this in the clause of "Client Cancellation" however in the clause of "Company Cancellation" it states the exact following words - If the company is requested to cancel the event by any government or appropriate authority, the Company shall take all the steps necessary to find a suitable alternative venue for the event to the satisfaction of the Client. If the Company is unable to find a suitable alternative venue to the satisfaction of the Client, the Company shall forthwith repay all the monies paid by the Client in accordance with this Agreement.

The owner or his staff have not written to us to notify us that they cannot hold our event in the marquee as per the original contract. They just called us in and discussed the "alternatives" of which none are suitable to us. We hinted the 3rd option may suit us just because of not having to pay 75% if we cancel. Now since the marquee has come down, would it automatically be a Company Cancellation? This is what I am highly confused about. All I want is to move out of this venue and get a refund of the deposit paid. I do not trust this company anymore and cannot go ahead with them not knowing what may happen in the weeks to come. I am running out of time and my wedding will be compromised if I chose to stay with them for the fear of having to pay 75% if I pull out. I have asked them to send me in writing as to what has happened and of our options however have not heard from them since.

Can the experts/lawyers shed some light on this? Since they cannot provide what I booked for, would it still be a Client Cancellation? If this is the case why have they given me alternatives as there is no mention of alternatives in the Client Cancellation clause but only in the Company Cancellation clause? Also, since the alternatives do not suit me am I eligible for a refund of the deposit as per the Company Cancellation clause? I am desperate for some help and with all the money that’s gone into the wedding I don’t want to spend more on courts and lawyers at this point. If I cannot pursue this, I shall go ahead with the risk of having my big day ruined.

Please help!
Regards,
K

whitewing

I would be asking the council what the legal situation would be on a temporary marquee.

How did you pay the deposit? If by card, could you check whether you'd be eligible for a chargeback (check with Visa/search this site).

I also think there may have been a similar question on this forum before, as the situation sounds familiar..

hsirk

whitewing wrote: »

I would be asking the council what the legal situation would be on a temporary marquee.

How did you pay the deposit? If by card, could you check whether you'd be eligible for a chargeback (check with Visa/search this site).

I also think there may have been a similar question on this forum before, as the situation sounds familiar..

Deposit was paid by cheque as they had a 3% charge on cards.

I shall call the council tomorrow and check that out. Would it be cost effective to see a solicitor regarding this issue?

LilElvis

Did you take out insurance on the wedding? Do you have legal assistance as part of any other policy such as bank account or home cover which you could call on for advice?

I think most people would feel very put off continuing with the venue given their lack of transparency about the case and their bullying tactics. Hope you can get this sorted without too much stress.

hsirk

LilElvis wrote: »

Did you take out insurance on the wedding? Do you have legal assistance as part of any other policy such as bank account or home cover which you could call on for advice?

I think most people would feel very put off continuing with the venue given their lack of transparency about the case and their bullying tactics. Hope you can get this sorted without too much stress.

Yes have a free legal advice helpline with my Union at work. Are the ones who answer professionally qualified?

Trinitrotoluene

The advice is going to vary depending on the resolution you want. You don't indicate how much you paid for a deposit or when your wedding is. Are you wanting out at this point and a full refund of all monies paid?

paddyrg

Decide what outcome you want and ask for it. If you want a refund, are you really going to find another venue at 3 months notice? If not, then one of the other options sounds like your best bet. Is this venue 28 miles away going to be any good if guests have rooms booked at your venue? Have you looked at it, it might be stunning and worth taking. Will your current supplier also agree to lay on transport for local guests?

Decide what compromise you'd settle for, and ask for it.

peachyprice

I can't see the difference between option No.3 and your original booking. It's how most marquee weddings are operated, marquee arrives a few days before and is taken away a few days after.

hsirk

peachyprice wrote: »

I can't see the difference between option No.3 and your original booking. It's how most marquee weddings are operated, marquee arrives a few days before and is taken away a few days after.

There is a huge difference. What I saw and paid for no longer exists. The one I signed for had solid walls and was sort of permanent. It had a full fledged kitchen and toilets and could fit upto 1000 guests. It was sound proof and had an amazing roof with big huge chandeliers.

Now the one I am being offered is not sound proof so we cant play music in there. The toilets wouldnt be the same and does not come with a kitchen. For the nature of my event, what I had initially was suitable and hence we signed a contract. What they are offering now, its totally unsuitable.

I have found another venue and booked it but need by deposit back. I cannot just give in to their alternative and be stressed right upto the day. And maybe just one day before they move us somewhere else. Once you lose trust its all over!

whitewing

Speak to the legal helpline through work.

Valli

If you want your deposit back then I suggest you send a LETTER BEFORE ACTION requesting a refund or you will escalate to Small Claims Court.

This assumes that the amount is within the remit of a small claim though. The onus is on you to check this as you haven't provided that information in your posts thus far.

Google Money Claim Online to check first.

Your letter should state exactly what you want and the timeframe within which you want it (say 21 days) and if not you will escalate your claim to court.

Don't get into a battle/start negotiating with them; if they don't refund then you MUST escalate to small claims.

You are claiming that, as they are not able to provide the option you booked then you want an immediate refund.

Save copies of all communications as you will need a paper trail should it go to court.