Trying to claim refund after a deposit paid.

Stelola1988

Hi, I'm new too all this.

Basically I booked a wedding singer for my wedding for next September.

Anyway I've had to cancel my wedding due to losing my job.

I'm trying to receive refunds for things I started to pay, however some I've not been able too as I've signed a contract.

With the wedding singer, he's claiming due too the "terms and conditions" I'm not entitled too a refund, however I can't find this anywhere. Plus I've not signed a contact, I just have a receipt with my deposit paid, but nothing stating non refundable, just confirming the paid amount.

Any help be much appreciated

Thanks

nomoneytoday

Maybe he had to turn down a gig as he was already booked to do yours?

If he does get rebooked, then maybe he could return your deposit?

Bantex_2

Generally unless it is stated that a deposit is refundable, you have to assume it is not. Otherwise not much point in taking deposits.

bris

You entered into a contract with the singer whether anything is written or not, you actions by paying him a deposit only go to strengthen the verbal contract between you.

Legally he can actually charge you the whole amount less expenses he will no longer have to incur due to the breach.

He does however have to mitigate his losses, to do this he would have to find another venue on the same night for the same price, if so he must refund your deposit as to keep it would be an unfair penalty.

If he tries but has to settle for less then you would be liable for the price he got to the price you agreed on, this is loss mitigation.

This is contract law, it's not just as easy as saying "I'm not wanting you any more give me my money back". Contracts come in many forms, written is only one of them.

arcon5

Actually legally he can only charge you provable losses unless he can demonstrate it would be unreasonable to accept op anticipates a breach of contract, it being an hour before he's due to start for example.

But don't expect to get all your money back as you seem to be.