Wedding cancellation - extortionate fees

m20b25

Hi all, hoping we can get some clarification here.

A month ago we booked our wedding for next summer: venue and caterer which is run and owned by the same people. 2 weeks later I found out I was expecting - a complete surprise. Given this is now due at the time of the wedding, we had to cancel to financial reasons.

We told them about the cancellation immediately but they wont accept it without us signing a document committing us to over £4000 in fees unless they can resell the date, upon which they keep 30% of that.

• They wont let us cancel or make the date available for reselling without agreeing to pay
• They wont let us negotiate without a letter, and wont do so until we agree to the above.
• They have offered no help or sympathy at all.
• They are asking us to pay all this now but if we were going ahead, it wasn't due until the summer.

Does this seem unfair to anyone given the 2 weeks it was off the website? There are unfair wedding cancellation guidelines set out which note unfair cancellation charges etc on the gov uk website (cant link to it here).

Any advice appreciated. Causing massive stress right at the time I don't need it!

Em

bris

It doesn't matter what they tell you, in law they have no choice but to mitigate the loss. They do this by reselling the date regardless.


They can only keep what it actually costs them to resell the date anything else is a penalty. 30% sounds like a penalty.


They do have to try and get the same price for the date but if they have to undersell it the difference between what you offered and what they get is also a loss.


Bottom line is they can't make demands when the law says what they must do.


Continue with the cancellation without signing anything and if they refuse to make the date available again then they are not mitigating their loss so would have no claim against you.

m20b25

many thanks indeed - i will post the outcome.

You've put my mind at rest somewhat!

cono1717

I also guess congratulations are in order!

pinkshoes

Could you not ask to SWAP the date? (For an earlier one..)

m20b25

cono1717 wrote: »

I also guess congratulations are in order!

Thank you

pinkshoes wrote: »

Could you not ask to SWAP the date? (For an earlier one..)

We cant justify the expense now unfortunately. Would have loved to but given how they have handled this, I'm not sure I ever want to speak or see their name again.

Their T & Cs state the cancellation fees etc and they say they are acting in line with them, but they are still refusing to make the date available. Does this change anything with regard to mitigating their loss?

bris

m20b25 wrote: »

Thank you



We cant justify the expense now unfortunately. Would have loved to but given how they have handled this, I'm not sure I ever want to speak or see their name again.

Their T & Cs state the cancellation fees etc and they say they are acting in line with them, but they are still refusing to make the date available. Does this change anything with regard to mitigating their loss?

Their T&C's mean diddly squat, they can not over rule your statutory rights.

m20b25

No progress at all unfortunately.

We accepted their T&Cs, therefore entered into an contract with them. As such, we are liable for 80% payable within 30 days as per the T&Cs. If they resell the date, we get back all but 40% (around 2k).

If we want to challenge the terms we have to send a physical letter but it wont be looked at until we sign and return the termination agreement which further commits us to pay the remainder of the balance bringing (to a total of just shy of 5k).

I can't believe their unwillingness to help.

They're a 'family business' which make it even harder to understand why they're being so unfair.

No idea what i'm supposed to do now. Seems completely unreasonable.

I suppose we could send the letter and see what happens?

Lomast

How's much have you paid so far? Their terms are not enforceable they can only chase you for provable losses as long as they can show they have mitigated their loss.

m20b25

Lomast wrote: »

How's much have you paid so far? Their terms are not enforceable they can only chase you for provable losses as long as they can show they have mitigated their loss.

Around 2.5...

Anoneemoose

Congratulations!

I would put this in writing, so you have proof should they take it further. Send recorded delivery or postage from two separate post offices with proof of posting, so they cannot deny receipt.

Put in your letter that this is confirmation you are cancelling. Say you appreciate they have said "add in the rubbish they have come out with here". However, they are legally obliged to mitigate their losses in these circumstances before they attempt to make a claim from you. And even then they can only recover what it actually costs them to resell the date. Also say you only want to communicate in writing from now on.

Keep any emails you have already sent or received. And if you have only spoken to them up to now, when you write, make sure the letter states "further to our initial conversation on xx/xx/xx, so they cannot claim this is the first they've heard.

I am not an expert in this sort of thing, but if they want anything from you, they will need to take you to court. And if they do that they will have to prove they have done everything they should.

You shouldn't worry. As long as you are open to communication, amd respond if necessary, then that's all you reasonably need to do.

I am not sure what will happen about the money you've already paid, but if you're entitled to that back (someone will probably know), add into the letter you request a refund.