Any chance of a refund?

wksd

Hi all, I am aware the answer might simply be 'no'.

We booked a wedding reception venue for July this year (2021), given the announcement it is likely to be allowed to go ahead. A vital part is the venue allows 40 people to stay the night. This is part of the contract. It is not a hotel but a big stately home, type.
During the pandemic the owner, a sole trader, refused refunds to other couples despite the law. She was taken to court multiple times and lost every time, the judge said her behaviour and threats were disgusting. It put us off and so we have decided to no longer go ahead with the wedding there. 
We have paid a £1,500 non-refundable deposit.
We have not had any communication with her since March 2020 (she isn't ignoring us, she just hasn't been in touch and either have we) so we are keeping our cards close to our chest. I know that if we wanted any form of refund we would need to go through Small Claims. 
The venue is based in Wales. We are England.

From my understanding the contract would only be frustrated if:
1) the law was to change to state weddings could not go ahead with more than 30 people. Our contract specifically states the number of guests as 50.
2) you are not allowed 40 people to stay in a non-covid secure environment.

What do you think we should do to stand us in the best legal position?
I have no sympathy for the owner as she has received government grants throughout and has also threatened/lied/bullied many couples and it made national news.

Thanks

Sandtree

Government grants are tiny in comparison to lost revenue, loans were bigger but are fully repayable with interest.

Given the announcement yesterday it would appear at the time of your event there will be no restrictions in place and so any cancellation would be subject to normal terms or the goodwill of the owner which you have already established is unlikely to exist.

mattyprice4004

Add above, it looks like your event will go ahead as planned - there’s nothing you can do until the regulations say otherwise. 

ssparks2003

You are looking to terminate for convenience, you will expect to lose your deposit unless they can resell your booking. 

pinkshoes

What do the T&Cs say about cancellation?

The wedding can still go ahead, but with 30 people and not 50. So you will need to re-negotiate a little e.g. it will cost less due to food for 20 fewer people, and accommodation for 10 fewer people.

williamgriffin

pinkshoes said:

What do the T&Cs say about cancellation?

The wedding can still go ahead, but with 30 people and not 50. So you will need to re-negotiate a little e.g. it will cost less due to food for 20 fewer people, and accommodation for 10 fewer people.

By July the OP may be allowed 50 guests. 

Spank

williamgriffin said:

pinkshoes said:

What do the T&Cs say about cancellation?

The wedding can still go ahead, but with 30 people and not 50. So you will need to re-negotiate a little e.g. it will cost less due to food for 20 fewer people, and accommodation for 10 fewer people.

By July the OP may be allowed 50 guests. 

Or we go into a more draconian lockdown. Home shopping is thrown through the front door from 10m, only phone 3 people a day,  etc.

Aylesbury_Duck

Spank said:

williamgriffin said:

pinkshoes said:

What do the T&Cs say about cancellation?

The wedding can still go ahead, but with 30 people and not 50. So you will need to re-negotiate a little e.g. it will cost less due to food for 20 fewer people, and accommodation for 10 fewer people.

By July the OP may be allowed 50 guests. 

Or we go into a more draconian lockdown. Home shopping is thrown through the front door from 10m

Is that more draconian than we have now?    Sounds like an enhancement, I reckon it's currently 20m.

p00hsticks

pinkshoes said:

What do the T&Cs say about cancellation?

The wedding can still go ahead, but with 30 people and not 50. So you will need to re-negotiate a little e.g. it will cost less due to food for 20 fewer people, and accommodation for 10 fewer people.

I think the 30 figure is from the 'route out of lockdown' plan for England ?

OP says the venue is in Wales - I'm not sure if the Welsh FM has mentioned any figures yet.....

wksd

50 guests have been named due to the nature of the venue. The 40 guests have also been named specifically. The contract explicitly states that the number of guests to stay over (only a few toilets to share - it's a big house basically, Grade I listed). Another person in small claims was told they were in the right as that part of the contract had been breached through gov regulation.I attach the contract below. This is the only relevant section, the rest is about fireworks and pets.

I suppose I'll accept losing the money - it isn't a big deal. I wouldn't have changed venues had it not been plastered over the national news and police having to get involved. It's embarrassing.

My main thoughts are when to tell her. The sooner we do it, she could find a replacement (unlikely and she wouldn't refund/tell us). But also the longer we leave it then we have an issue with the amount of time we must give. 

p00hsticks

wksd said:

Another person in small claims was told they were in the right as that part of the contract had been breached through gov regulation.

Whilst that might have applied to that person, I can't see that it applies to you - at least at the moment - because you don't yet know whether government regulations will mean that the contract is going to have to be breached on the day in question. If all goes to plan and the venue were in England, by July the intention is that there will be no restrictions. I don't think Wales have given the same level of detail that far ahead so far.