Messy situation with a wedding venue

skittles121

My parents gave a deposit for a wedding reception venue, 6 months ago and weren't shown any terms and conditions at the time of booking and giving the deposit.

Theres a piece of paper with a final quotation and a break down of costs. The paper says "by signing you are agreeing to our terms and conditions overleaf", except there weren't any terms on the other side of the sheet. Anyway my parents signature is written above that, though they never saw nor were given any terms and conditions when this signature and deposit was given. I know its not good.

The actual terms and conditions this company has are poorly written and don't even state "terms and condition on the top of the paper", not sure if this would hold up legally.

In January of this year we went to the venue and were considering to cancel. The sleezy guy who worked there then photocopied the terms and conditions to the back of that quotation paper with my parents signature on!!! I am sure this illegal and an actual hard copy of this, with the signature in biro, won't exist.


We don't have the time or money to deal with legal matters with the wedding in 2 months.

Do we have the ball in our court legally and If we want to cancel this venue do we have to pay any compensation?

pinkshoes

Why do you actually want to cancel?

What has changed since the venue was booked?

elsien

What do their terms and conditions actually say?
Did your parents ask about these at the time?

wealdroam

skittles121 wrote: »

Theres a piece of paper with a final quotation and a break down of costs. The paper says "by signing you are agreeing to our terms and conditions overleaf", except there weren't any terms on the other side of the sheet. Anyway my parents signature is written above that, though they never saw nor were given any terms and conditions when this signature and deposit was given. I know its not good.

Why did your parents sign to say they agreed to these non-existent terms and conditions?

skittles121 wrote: »

The actual terms and conditions this company has are poorly written and don't even state "terms and condition on the top of the paper", not sure if this would hold up legally.

I can see nothing wrong here.

skittles121 wrote: »

In January of this year we went to the venue and were considering to cancel. The sleezy guy who worked there then photocopied the terms and conditions to the back of that quotation paper with my parents signature on!!! I am sure this illegal and an actual hard copy of this, with the signature in biro, won't exist.

You are sure what's illegal?

skittles121 wrote: »

If we want to cancel this venue do we have to pay any compensation?

Almost certainly.

bris

No you don't have any rights to cancel, where terms and conditions are not available then contract law applies. As a consumer contract law also supersedes any unfair terms they try to impose but make no mistake you have a contract.


If you do want to cancel then that is the time to look for help on your rights, but just remember they have rights too.

unholyangel

You can't be bound by terms you had no opportunity to become acquainted with before being bound by the contract.

However, that doesn't mean you can cancel free of charge. If there were no T&C's covering cancellation then it reverts to the ordinary position of the law - which is that once a contract becomes binding, you cannot cancel without being liable for losses incurred by the other party due to your breach. Theres no entitlement to any amount they could reasonably save - by finding another customer for example (although with 2 months to go, its perhaps doubtful that they would be able to rehire the venue to another couple).

If they were trying to make a unilateral change to what is supplied, then that may entitle you to cancel without penalty. But where they're sticking to what was agreed and you still want to cancel, then you're the one in breach of contract and are liable accordingly.

daytona0

skittles121 wrote: »

We don't have the time or money to deal with legal matters with the wedding in 2 months.

Whose fault is it?

Yours for not being diligent enough (or see unholy's post) when you first took out the contract and subsequently having a change of mind?

Theirs because they have breached the contract?

That's what it all boils down to!

tomtontom

How's the poorly shoulder OP?

What legal matters are you foreseeing with the wedding venue?

skittles121

pinkshoes wrote: »

Why do you actually want to cancel?

What has changed since the venue was booked?

We recently found out that the day of the wedding there will be a festival where the surrounding roads will be closed, not sure if they are supposed to make us aware of that or if it's our responsibility to have found that out at the time of booking.

skittles121

unholyangel wrote: »

You can't be bound by terms you had no opportunity to become acquainted with before being bound by the contract.

However, that doesn't mean you can cancel free of charge. If there were no T&C's covering cancellation then it reverts to the ordinary position of the law - which is that once a contract becomes binding, you cannot cancel without being liable for losses incurred by the other party due to your breach. Theres no entitlement to any amount they could reasonably save - by finding another customer for example (although with 2 months to go, its perhaps doubtful that they would be able to rehire the venue to another couple).

If they were trying to make a unilateral change to what is supplied, then that may entitle you to cancel without penalty. But where they're sticking to what was agreed and you still want to cancel, then you're the one in breach of contract and are liable accordingly.

Is it not the venues responsibility to show the terms and conditions when a booking is made? And haven't they breached the contract by not showing us that at the time of booking - making them in the wrong?

We don't care about the deposit and are still in the no fee time frame according to their cancellation policy.

wealdroam

skittles121 wrote: »

Is it not the venues responsibility to show the terms and conditions when a booking is made? And haven't they breached the contract by not showing us that at the time of booking - making them in the wrong?

Again, did your parents ask for the T&Cs when they signed a form saying they had read and agreed to them?