Wedding refund! Covid related

Kias1992

Hi I really need some advice please 

In February we booked a photobooth in August for our wedding. The total price was £500 and paid £150 pound deposit. 

In April it was evident that the wedding would most likely not go ahead as we booked the wedding for 120 guests. So We called the photobooth Company in April and asked if we could get a refund and they responded that the deposit was ‘non refundable’ and that it covers the cost of the prints. They claim it says that in their contract but no contract was signed or sent.  It was discussed via email and txt and an agreement was made and deposit was made by bank transfer. 

Our options were to rebook with them for a new day however they state if they were booked already on that date we would not receive a refund or a service. 

At that point we just decided we would wait it out and then try and book them.

However, now with covid we have decided to leave the big wedding and just getting married at home with our family. The photobooth would take to much space.
in view of not having the photobooth is there any way we could get our refund. Can they legally keep it?

DoaM

If that's their basis for refusing the refund then it's a slim one ... the prints wouldn't be used without the wedding going ahead (or materials even procured that far in advance). A non-refundable deposit isn't truly non-refundable, but the company is entitled to the loss they've endured (or possibly even loss of profit) due to your breach of the contract.

However ... as this seems to have been a distance contract, and they don't appear to have sent you any T&Cs, then you may still have a right to cancel. But I'll let others think on this ... got several work meetings to go to just now. 🙄

Aylesbury_Duck

You may have to go as far as court to get your money back if they dig in.  They do seem to have shot themselves in the foot with their explanation and I suspect you'd win in court if you had to go that far.

Away from consumer rights and on to consumer responsibilities, this is the latest of many threads where people don't seem to grasp the concept of a deposit.  How would you feel if having secured your booking with a deposit, the company turned round shortly before your wedding, cancelled their service and returned your deposit?  Or is commitment only a one-sided concept?

Kias1992

Aylesbury_Duck said:

You may have to go as far as court to get your money back if they dig in.  They do seem to have shot themselves in the foot with their explanation and I suspect you'd win in court if you had to go that far.

Away from consumer rights and on to consumer responsibilities, this is the latest of many threads where people don't seem to grasp the concept of a deposit.  How would you feel if having secured your booking with a deposit, the company turned round shortly before your wedding, cancelled their service and returned your deposit?  Or is commitment only a one-sided concept?

We can not have the weddding in a venue anymore? The booking was for 120 people we can only have 30z We are not allowed a reception and just to point out how would a 1 metre of 2 metre distance even work with a photobooth! 

DoaM

1 person at a time? Or family units only?

davidmcn

Kias1992 said:

Aylesbury_Duck said:

You may have to go as far as court to get your money back if they dig in.  They do seem to have shot themselves in the foot with their explanation and I suspect you'd win in court if you had to go that far.

Away from consumer rights and on to consumer responsibilities, this is the latest of many threads where people don't seem to grasp the concept of a deposit.  How would you feel if having secured your booking with a deposit, the company turned round shortly before your wedding, cancelled their service and returned your deposit?  Or is commitment only a one-sided concept?

We can not have the weddding in a venue anymore? The booking was for 120 people we can only have 30z We are not allowed a reception and just to point out how would a 1 metre of 2 metre distance even work with a photobooth! 

It could work - anyway, I don't anybody is disputing that you have good reason for cancelling the wedding, but nevertheless it does appear to be you who has cancelled this contract, not the supplier.

Aylesbury_Duck

Kias1992 said:

Aylesbury_Duck said:

You may have to go as far as court to get your money back if they dig in.  They do seem to have shot themselves in the foot with their explanation and I suspect you'd win in court if you had to go that far.

Away from consumer rights and on to consumer responsibilities, this is the latest of many threads where people don't seem to grasp the concept of a deposit.  How would you feel if having secured your booking with a deposit, the company turned round shortly before your wedding, cancelled their service and returned your deposit?  Or is commitment only a one-sided concept?

We can not have the weddding in a venue anymore? The booking was for 120 people we can only have 30z We are not allowed a reception and just to point out how would a 1 metre of 2 metre distance even work with a photobooth! 

That's not the fault of the booth supplier.  You booked a booth, they can still supply it.

If I booked a takeaway for 8 people and now I can only have 6 in my house, are you suggesting the takeaway have to cancel my order and refund me?

Kias1992

Spoke to consumer rights as no contract or terms of conditions was sent between me and the company and there was no evidence that the photo booth was non refundable on initial booking legally I’m entitled to a refund. However, actually getting the deposit is another thing. 

Kias1992

Aylesbury_Duck said:

Kias1992 said:

Aylesbury_Duck said:

You may have to go as far as court to get your money back if they dig in.  They do seem to have shot themselves in the foot with their explanation and I suspect you'd win in court if you had to go that far.

Away from consumer rights and on to consumer responsibilities, this is the latest of many threads where people don't seem to grasp the concept of a deposit.  How would you feel if having secured your booking with a deposit, the company turned round shortly before your wedding, cancelled their service and returned your deposit?  Or is commitment only a one-sided concept?

We can not have the weddding in a venue anymore? The booking was for 120 people we can only have 30z We are not allowed a reception and just to point out how would a 1 metre of 2 metre distance even work with a photobooth! 

That's not the fault of the booth supplier.  You booked a booth, they can still supply it.

If I booked a takeaway for 8 people and now I can only have 6 in my house, are you suggesting the takeaway have to cancel my order and refund me?

Actually they are very fully booked for next year with people moving there bookings. And have stated if they can’t facilitate a new day they would not be able to provide a service and no deposit back so I would loose either way! 

Aylesbury_Duck

Kias1992 said:

Spoke to consumer rights as no contract or terms of conditions was sent between me and the company and there was no evidence that the photo booth was non refundable on initial booking legally I’m entitled to a refund. However, actually getting the deposit is another thing. 

That's the problem.  As DoaM correctly pointed out this morning, that was their possible undoing, but as you say, getting it from them might require a well-worded letter backed up by threat of small claims action.

Kias1992

Aylesbury_Duck said:

Kias1992 said:

Aylesbury_Duck said:

You may have to go as far as court to get your money back if they dig in.  They do seem to have shot themselves in the foot with their explanation and I suspect you'd win in court if you had to go that far.

Away from consumer rights and on to consumer responsibilities, this is the latest of many threads where people don't seem to grasp the concept of a deposit.  How would you feel if having secured your booking with a deposit, the company turned round shortly before your wedding, cancelled their service and returned your deposit?  Or is commitment only a one-sided concept?

We can not have the weddding in a venue anymore? The booking was for 120 people we can only have 30z We are not allowed a reception and just to point out how would a 1 metre of 2 metre distance even work with a photobooth! 

That's not the fault of the booth supplier.  You booked a booth, they can still supply it.

If I booked a takeaway for 8 people and now I can only have 6 in my house, are you suggesting the takeaway have to cancel my order and refund me?

Not the same thing 😳