Wedding venue issue

raging-rupert

Looking for some advice here.

Having issues with the wedding venue we chose and it has resulted in us wanting to cancel. The venue never gave us a cooling off period so we were advised by citizens advice that we automatically get a years extention on the normal 14 day period.

We stated this to the venue and after some back and forward emails and the venue consulting their lawyer they have agreed to return our deposit that they originally said was non refundable. However they want us to sign a gagging order to say we won't say anything detrimental to the venue online etc. We aren't happy about this particularly and would like some advice on it.

I feel that the venue perhaps know they are bang to rights and are just attemptting to get the last word as I don't believe they would return the money out of goodwill as they are claiming.

marcarm

You don't say what the issues are, why not take the money and sign the order and forget about them, or do you specifically want to write about them online?

What solution do you want? You have cancelled and are getting your deposit back, what else is it you're seeking?

raging-rupert

I'm having to be deliberately vague due to what they are asking me to sign.

The part I don't like is I believe that legally they are due me the money but are trying to get something out of it. The issues are numerous and fairly deep rooted. I feel that an honest review online could help others avoid the same problems. I'm not one for making things up or exaggerating things. But obviously the venue feel that even an honest review would be fairly damning in this case and why should I be gagged really.

Obviously getting the money refunded is the main concern. But I really quite strongly disagree with this. They seemed takem aback by some of the information I had found out about them and they obviously don't want this to become more common knowledge even though all the info iis online if you look in the right places.

Fat_Walt

You booked the venue and now don't want it. You want out of the contract and not them. If they refund you then what's your issue?

Why slag them off? They've done nothing wrong.

Get your refund and move on. You'll have more issues getting married but we'll leave you to discover that yourself.

naedanger

raging-rupert wrote: »

Looking for some advice here.

Having issues with the wedding venue we chose and it has resulted in us wanting to cancel. The venue never gave us a cooling off period so we were advised by citizens advice that we automatically get a years extention on the normal 14 day period.

We stated this to the venue and after some back and forward emails and the venue consulting their lawyer they have agreed to return our deposit that they originally said was non refundable. However they want us to sign a gagging order to say we won't say anything detrimental to the venue online etc. We aren't happy about this particularly and would like some advice on it.

I feel that the venue perhaps know they are bang to rights and are just attemptting to get the last word as I don't believe they would return the money out of goodwill as they are claiming.

This really comes down to a matter of negotiation.

You can refuse their offer. They in turn may refuse (rightly or wrongly) to refund your deposit. It will then be for you to take them to court. If you win your case you can then demand payment and take enforcement action if necessary. You will also not need to sign any gagging order. The downside of this course of action is it will take longer to get your money and indeed there is a risk you will not win your court case or win but be unable to enforce payment.

Alternatively you can accept their offer. You get the money sooner but need to stick to any conditions of the offer (e.g. the gagging order).

How did you pay the deposit? If it was by credit card you have another option.

wealdroam

raging-rupert wrote: »

Looking for some advice here.

Having issues with the wedding venue we chose and it has resulted in us wanting to cancel. The venue never gave us a cooling off period so we were advised by citizens advice that we automatically get a years extention on the normal 14 day period.

We stated this to the venue and after some back and forward emails and the venue consulting their lawyer they have agreed to return our deposit that they originally said was non refundable. However they want us to sign a gagging order to say we won't say anything detrimental to the venue online etc. We aren't happy about this particularly and would like some advice on it.

I feel that the venue perhaps know they are bang to rights and are just attemptting to get the last word as I don't believe they would return the money out of goodwill as they are claiming.

Twice in there you have asked for advice.

Maybe it would be best if you were to ask a question about your consumer rights that people could offer opinions on.

At the moment you appear to have a choice:
1) accept the gagging order and receive a full refund,
2) refuse the gagging order and risk not getting your refund.

Perhaps you are really asking whether the venue have a right to keep you deposit in the circumstances?
In which case, can I suggest you read this:

Is a deposit ever refundable?

gardner1

just take the money and be happy......what exactly do you want......to slag them off Yourself

melanzana

Weddings are stressful.

Take the money, be glad it's not a protracted issue for you and book another venue.

Sounds to me like you are raging and bitter, and want to show them up AND get your money back.

Decide which, because both ain't gonna happen.

raging-rupert

Woah. I'm not bitter or looking to slag folk off. But I don't see why I should be held to a gagging order when I'm entitled to a refund. The reason we have changed our minds are valid and they have not held up their end of what we were initially sold on. Broken promises, feeling mislead etc.

Fact is I've actually avoided slagging them off either publicly or privately and even when communicating with them I've stuck to facts and avoided being insulting when it would of been very easy to make cheap digs.

melanzana

raging-rupert wrote: »

Woah. I'm not bitter or looking to slag folk off. But I don't see why I should be held to a gagging order when I'm entitled to a refund. The reason we have changed our minds are valid and they have not held up their end of what we were initially sold on. Broken promises, feeling mislead etc.

Fact is I've actually avoided slagging them off either publicly or privately and even when communicating with them I've stuck to facts and avoided being insulting when it would of been very easy to make cheap digs.

OK, glad you came back to clarify some things.

I know you are probably feeling hard done by, but we don't have the full story, and I don't expect you to plaster it all over the internet either!

Look, sometimes it is better to just walk away with your blood pressure and your dignity intact.

Best of luck for the wedding in the next venue. I hope it works out well for you.

Please just walk away. Otherwise it will eat at you. You are getting your money back and can now look forward to organising things in the next venue. And hopefully enjoy the experience.

Life ain't easy, and most of the time it's not fair either!

unholyangel

I fear on this occasion CAB have misinformed you. While the consumer contract regulations do apply to the contract (so the trader needs to provide you with certain information in a durable medium), the right to cancel does not apply to:

Limits of application: circumstances excluding cancellation

28.—(1) This Part does not apply as regards the following—
(h)the supply of accommodation, transport of goods, vehicle rental services, catering or services related to leisure activities, if the contract provides for a specific date or period of performance.

The accompanying guidance explains what they mean by that, found here: https://www.gov.uk/government/uploads/system/uploads/attachment_data/file/429300/bis-13-1368-consumer-contracts-information-cancellation-and-additional-payments-regulations-guidance.pdf

There is an exemption for leisure service activities on specific dates. What
kind of things does that exempt?
9. This exemption helps protect traders who may set aside specific capacity
for a consumer which they may not be easily able to fill or resell should the
consumer change their mind. This would include car hire, wedding venues,
theatre tickets for specific performances etc. Traders may still of course
decide to offer the consumer the ability to cancel should they choose.

Now that doesn't necessarily mean you're not entitled to your deposit back - even where you have no statutory or contractual right to cancel, you can still cancel but it is known as wrongful cancellation and is considered a breach of contract. In those circumstances you would be liable for the losses incurred by the other party that they were unable to mitigate (so if wedding was soon, they might not be able to resell the date and you could be liable for nearly the full contract price - although they still wouldnt be entitled to any loss they could reasonably avoid, such as wages for casual staff who will no longer be needed) however if the wedding is quite far away, they most likely will resell the date so losses would be nil/a small admin fee at most.

If they aren't providing what was promised it gets even trickier - as in order to be binding on you the contract also needs to be binding on them. Once agreed, the terms of the contract cannot be varied except by the agreement of both parties.

But the point I'm trying to make is that you might want to ask (either here or elsewhere if you prefer) for advice on your actual position - because CAB seem to have made a noob error on this one.