Breach of contract wedding venue?

JackRS

Looking for some advice as to if we have a reasonable chance with a breach of contract claim.
I’ve discussed with a citizens advice consumer service adviser, it wasn't a long discussion and they didn’t review the contract but suggested we write to the venue provider requesting full deposit refund due to breach of contract, but we’re not sure if we have a strong case?
I’ll try to keep it simple, we booked a venue, signed T&C’s and paid deposit. The venue has 2 main rooms/areas and the T&C’s do not say anything about there being a limit to how long each room is available. We booked entertainment planning to use both rooms but recently discovered on a visit that the room that is used for the ceremony is closed off for access as soon as the ceremony is finished. This causes a problem for our planned entertain schedule and set up for the rest of the afternoon and evening.

We enquired what our options were and the venue said we could cancel but as stated in their terms the 50% deposit (£3K) was non refundable. However if they can resell the date they would make a good will gesture payment considering their costs to remarket the date, probably 50% of the deposit.

We are wondering if we should accept that or if we should try the breach of contract claim for the full refund? If we make the breach of contract claim I suspect the good will offer will be removed, so we then have the gamble if we lose the case we get nothing except additional legal fees, if it goes to small claim court.

Does anyone know of a similar case for breach of contract where it doesn’t state limitation of use in the T&C and then the customer is informed that there are limitations?
Obviously there are many more details but trying to keep it simple, believe it or not….
I guess we need to ask a solicitor to look at T&C’s to see if we have a case?

gettingtheresometime

I think it would depend to a large extent whether the contract said you had use of the two rooms for the entire day or you just assumed that you had.


Would it be worth talking to the hotel to see if you could use the room rather than throwing toys out of the pram?

pinkshoes

What do your T&Cs state about use of the rooms? What is the exact wording of the contract?

If it doesnt mention about one room only being available during the ceremony, and talks about both rooms being for use, then you should be due a full refund.

I would be insisting on either both rooms available for the full even as ler the contract and what you were lead to believe, or a full refund.

Fosterdog

It would be pretty rare to have use of more than one room for a whole day for wedding ceremonies. I can't think of any wedding I've ever attended at a single venue as opposed to ceremony at one location and reception at another that has stayed in the ceremony room once the ceremony has finished, it has always been off to a different function room that is usually bigger than the ceremony room.

Gavin83

I really don't understand your issue. They'll deal with the setup and get the rooms ready, what difference does having two rooms available make to this? You'll have a hard time going for breach of contract as they don't actually appear to have breached it, unless the contract explicitly states you'll have access to both rooms all day.

I agree with the other poster, have you actually just asked the venue if you can have both rooms? They're unlikely to do anything with the second room so it might not be an issue.

In regards to the deposit they can charge you for any costs they incur. If they can resell the date this'll be for any costs incurred to readvertise/staff costs. If they can't resell the date they could potentially ask for more than the deposit amount.

JackRS

gettingtheresometime wrote: »

I think it would depend to a large extent whether the contract said you had use of the two rooms for the entire day or you just assumed that you had.


Would it be worth talking to the hotel to see if you could use the room rather than throwing toys out of the pram?

Thanks


It doesn't say specifically you have use of the rooms for the entire day but it doesn't say you don't it list the rooms says that you have exclusive use and access and departure times but doesn't mention one is out of use after ceremony.


Yes we asked if we could use it but they refused.

gettingtheresometime

JackRS wrote: »

Thanks


It doesn't say specifically you have use of the rooms for the entire day but it doesn't say you don't it list the rooms says that you have exclusive use and access and departure times but doesn't mention one is out of use after ceremony.


Yes we asked if we could use it but they refused.

So it was an assumption on your part (unless you were told otherwise) that both rooms would be available.


Whilst I know it would be nice to have 2 rooms is it so crucial that you do ?

pinkshoes

JackRS wrote: »

it list the rooms says that you have exclusive use and access and departure times but doesn't mention one is out of use after ceremony.

In which case they should give you a full refund.

I went with a friend looking at wedding venues and they had one room for the ceremony, then another for the meal/disco. There was no mention about being able to use the ceremony room afterwards. We just assumed you couldn't.

When you looked round, did you discuss your requirements with the venue e.g. Use of both rooms all day?

JackRS

Thanks everyone for your feedback



The venue wasnt built when we booked we were shown plans and told as we would be only our wedding there the venue was flexible and could accommodate plans.


The contract we signed lists all the rooms available for our exclusive use on day of the wedding. It has access/exit times for the venue the day itself from 10:00am. Details of when suppliers etc could visit but no terms that the biggest room in the venue was only available for ceremony. The room that they have chosen to be the ceremony room is not identified on the contract as a ceremony room just a room name. With no terms and conditions mentioned.


We planned to use 2 rooms so that one act could set up and sound check in one while we were having the reception in the other. Then while we were enjoying the entertainment in the other room the next act were setting up and sound checking in the other room.

ThumbRemote

JackRS wrote: »

It doesn't say specifically you have use of the rooms for the entire day but it doesn't say you don't it list the rooms says that you have exclusive use and access and departure times but doesn't mention one is out of use after ceremony.

Surely this is use of both rooms for the entire day. If it lists two rooms, says you have exclusive use, and gives an arrival and departure time then there's clearly no restriction listed in the contract.

They are clearly imposing additional terms on the contract and you are entitled to a full refund if you desire.

timbstoke

JackRS wrote: »

We planned to use 2 rooms so that one act could set up and sound check in one while we were having the reception in the other. Then while we were enjoying the entertainment in the other room the next act were setting up and sound checking in the other room.

Have you run this idea past the entertainment you've booked? A sound check is more than simply making sure the microphone is plugged in and working - it's ensuring that all equipment is set up in situ and ready to be used for a performance. It's not feasible to carry out all your testing in one room then move all the gear to another location without having to re-check everything.

The usual approach would be for the DJ/sound guy and first band to be set up and ready to go by the time the first guests start to use the room. If there are multiple bands and it's not feasible for them all to be set up on the same stage, the DJ would then take over for the interval while band #2 does their sound checks etc. The only way your proposal would work is if you plan to move all your guests into the next room for the second act, which seems like more disruption than simply having the DJ stand in.