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Messy situation with a wedding venue

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Comments

  • LadyDee
    LadyDee Posts: 4,293 Forumite
    Part of the Furniture 1,000 Posts Name Dropper
    tomtontom wrote: »
    How's the poorly shoulder OP?

    What legal matters are you foreseeing with the wedding venue?

    10/10 to the sharp-eyed poster! One thing you can always be sure of in these forums is someone trying to get something for nothing.

    I wonder how the store employee is feeling now? Hope they've got over that bump :-)
  • BarryBlue
    BarryBlue Posts: 4,179 Forumite
    bris wrote: »
    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.
    Why do some people insist in posting barrack-room law on this forum? OP, please don't take any notice of this nonsense.
    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.
    Some of this is quite correct. You are only liable for actual losses that the venue have incurred by your cancellation. That does not include loss of profit. Nor does it mean you have to pay if they don't resell the date since they have the opportunity to do so. Your reason for cancellation is irrelevant, lots of weddings get cancelled for all sorts of reasons.

    Read the terms and guidance notes for the Unfair Terms in Consumer Contracts Regulations. You should be able to reclaim the majority of the deposit paid, no matter what their T&Cs say about it being non-refundable. If they do that it becomes a penalty charge which is unlawful.

    My daughter cancelled her wedding. The cancellation was over a year before the appointed day, but the venue were still reluctant to refund over £2k deposit. After being told the law (and consulting their lawyer) they refunded every penny. So did the booked photographer, cake maker and disco. You just have to be persistent and rely on the fact that you have the law behind you.
    :dance:We're gonna be alright, dancin' on a Saturday night:dance:
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