Wedding Cancelled - Blossom tree hire - paid in full but wont refund unless resell the package.

djrobst

looking for advice how to responsd and proceede on behalf my step daughter,

They paid £500 upfront for blossom tree decoration hire and the wedding was booked for september next year.
They have now split up and want the money back but have been told that it is a non refundable service and they will only give the money back if they resell the package to someone else.
Nothing has been signed on their behalf they have just made booking and paid by bank transfer. Only thing they had back in writing is emails - some pressuring them to go ahead with the booking

Company is a limited company and the website is  Blossomtreehireco co uk

No mention on website or in the email chain that whole thing is non refundable and there is no cancellation rights or packages need to be resold for a refund prior to them asking to cancel.
They already own the items on hire so there is not really any loss to them at this stage and its cancelled well in advance.

below is the email trail.

Her boyfriend was speaking to them, not sure if he has rang the jess girl but our daugher is taking it over as it was her money and he isnt that interested in chasing it up as it won't benefit him.
I've told her to ring jess but just expecting she will say that they will try to sell it on. But we want a refund and dont feel like they should be able to hold onto all the money as she paid in full and try to make out they selling it on, when they could just get to close of the date and sorry its not being sold. Although would note that they clearly put pressure on them saying someone else wanted the same items on the same date and there was only one of these, and their booking was for a Tuesday next year and this was booked in nov 2020 almost 2 years in advance so bit of a co-incedence someone else was trying to book the exact same things on exact same date which is an unusual date for a wedding.

What are their rights, how should we reply to them to ask for a full refund straight away as we dont feel we should wait until they sell the package. they wont be at a loss as havent spent any cash other than replying to emails and checking bank for payment and making a note of the booking. I cant see anything they have signed up to that says its non refundable (which I feel would be a illegal contract clause anyways) nor can I see any terms and conditions on their website for the service or mention of any of this.

below is the email trail


From: Blossom Tree Hire Co <info@BLOSSOM HIRE COMPANY>
Date: 15 March 2021 (typed this on in as its from a screen shot she sent me rather than email)
To: CUSTOMER <CUSTOMER@EMAILADDRESS.COM>
Subject: Re: Blossom tree hire

Good Morning Beth
Hope you are ok I had replied to paul here is my reply's he was going to speak to Kess and see if she can resell te package and date.
Jess is good I#m sure it will get sorted.


From: Blossom Tree Hire Co <info@BLOSSOM HIRE COMPANY>
Date: 22 February 2021 at 15:24:29 GMT
To: CUSTOMER <CUSTOMER@EMAILADDRESS.COM>
Subject: Re: Blossom tree hire


Jess is getting busy next year we will all try our best for you we understand things happen

Stay safe

John



From: CUSTOMER <CUSTOMER@EMAILADDRESS.COM>
Sent: Monday, February 22, 2021 3:21:33 PM
To: Blossom Tree Hire Co <info@BLOSSOM HIRE COMPANY>
Subject: Re: Blossom tree hire

Thanks John, I’ll give Jess a call

Sent from my iPhone

On 22 Feb 2021, at 14:57, Blossom Tree Hire Co <info@BLOSSOM HIRE COMPANY> wrote:


Hi Paul
I will have a word with Jess at the hall too and see if she can resell the date and package
Hopefully it will get sorted

John



From: CUSTOMER <CUSTOMER@EMAILADDRESS.COM>
Sent: Monday, February 22, 2021 2:43:20 PM
To: Blossom Tree Hire Co <info@BLOSSOM HIRE COMPANY>
Subject: Re: Blossom tree hire

Hi John,

How do we go about cancelling this and getting a refund back into my account as we are no longer together?

Sent from my iPhone

On 5 Nov 2020, at 14:49, Blossom Tree Hire Co <info@BLOSSOM HIRE COMPANY> wrote:


Hi Paul
You are confirmed for the following
Thief Hall
Sept 13th 2022
Green/White canopy set
Mr& Mrs rustic
Delivery
Full payment of £500 received 5th November 2021

Thank you for your valued booking anything I can help with just ask.

Stay Safe

John Saunders
Blossom Tree hire co Ltd
07866xxxxx



From: CUSTOMER <CUSTOMER@EMAILADDRESS.COM>
Sent: Thursday, November 5, 2020 2:20:42 PM
To: Blossom Tree Hire Co <info@BLOSSOM HIRE COMPANY>
Subject: Re: Blossom tree hire

John,

Payment has been sent

Sent from my iPhone

On 5 Nov 2020, at 14:14, Blossom Tree Hire Co <info@BLOSSOM HIRE COMPANY> wrote:


Hi Paul
Thank you I will let the other couple know I can see a lot of next year moving it’s nightmare number 2 out there

Let me know when you do the transfer and I can send you the confirmation sorry to push it’s all getting a bit crazy again

John



From: CUSTOMER <CUSTOMER@EMAILADDRESS.COM>
Sent: Thursday, November 5, 2020 2:11:40 PM
To: Blossom Tree Hire Co <info@BLOSSOM HIRE COMPANY>
Subject: Re: Blossom tree hire

Hi John,

Yes we definitely want the green trees and the rustic Mr & Mrs. Sorry for the delay, I’ve had to pull out for new tyres so wasn’t sure if we’d be able to pay the money until after it was sorted. We’ll transfer the full £500 over now.

Thanks

Sent from my iPhone

On 5 Nov 2020, at 13:41, Blossom Tree Hire Co <info@BLOSSOM HIRE COMPANY> wrote:


Hi Paul
Hope you are both well can you let me know if you would like to book the Green trees I have a couple that are postponing to that date and now want to change to the Green set.
I will keep them in hold for you until tonight I’m sure you understand .
We would still have White and Pink sets available but it is looking like 2022 is going to be very busy now we have had 7 postponements this week alone.

Just let me know I’m sure you will have a lovely day regardless

Kind Regards
John



From: Blossom Tree Hire Co <info@BLOSSOM HIRE COMPANY>
Sent: Sunday, November 1, 2020 5:18:07 PM
To: CUSTOMER <CUSTOMER@EMAILADDRESS.COM>
Subject: Re: Blossom tree hire

Hi Paul
Have you decided to go for either of the deals I have the stock on hold for you at the moment if you can let me know either way please
We only have the one set of green if you don’t want the discount offer that’s fine the deposit would be £100

Kind Regards
John



From: Blossom Tree Hire Co <info@BLOSSOM HIRE COMPANY>
Sent: Saturday, October 31, 2020 2:55:36 PM
To: CUSTOMER <CUSTOMER@EMAILADDRESS.COM>
Subject: Re: Blossom tree hire

Hi Paul
Lovely to meet you both today this is what I am booking for you
Thief Hall
Sept 13th 2022
Green/White canopy set
Mr& Mrs rustic
Delivery
Offer price payment with order £500

Blossom Tree Hire Co ltd

BANK ACCOUNT NO & SORT CODE REDACTED BUT WERE HERE

If you can let me know when you do the transfer I will confirm we have it with a full confirmation

Kind Regards
John



From: CUSTOMER <CUSTOMER@EMAILADDRESS.COM>
Sent: Friday, October 30, 2020 8:04:37 PM
To: Blossom Tree Hire Co <info@BLOSSOM HIRE COMPANY>
Subject: Re: Blossom tree hire

Good evening John

Yes, we will see you tomorrow at 11.

Best regards,

Sent from my iPhone

On 30 Oct 2020, at 19:12, Blossom Tree Hire Co <info@BLOSSOM HIRE COMPANY> wrote:


Hi Paul
Are you still ok for the showroom tomorrow 11am

John



From: Blossom Tree Hire Co <info@BLOSSOM HIRE COMPANY>
Sent: Sunday, October 18, 2020 6:48:52 PM
To: CUSTOMER <CUSTOMER@EMAILADDRESS.COM>
Subject: Re: Blossom tree hire


Perfect

Unit 2 Queens court
Southwick
Sunderland
SR5 3JG
0786XXXXXX

Your all booked in
John
0786XXXXXX



From: CUSTOMER <CUSTOMER@EMAILADDRESS.COM>
Sent: Sunday, October 18, 2020 6:47:43 PM
To: Blossom Tree Hire Co <info@BLOSSOM HIRE COMPANY>
Subject: Re: Blossom tree hire

Yes that will be fine!

Sent from my iPhone

On 18 Oct 2020, at 18:46, Blossom Tree Hire Co <info@BLOSSOM HIRE COMPANY> wrote:


Could you do 11am



From: CUSTOMER <CUSTOMER@EMAILADDRESS.COM>
Sent: Sunday, October 18, 2020 6:45:40 PM
To: Blossom Tree Hire Co <info@BLOSSOM HIRE COMPANY>
Subject: Re: Blossom tree hire

Thank you, is there any apt’s available for Saturday 31st please?

Sent from my iPhone

On 18 Oct 2020, at 18:22, Blossom Tree Hire Co <info@BLOSSOM HIRE COMPANY> wrote:


<Image-491.png>

Pink would look better at the hall or Green/White



From: Blossom Tree Hire Co <info@BLOSSOM HIRE COMPANY>
Sent: Sunday, October 18, 2020 6:20:57 PM
To: CUSTOMER <CUSTOMER@EMAILADDRESS.COM>
Subject: Re: Blossom tree hire




From: Blossom Tree Hire Co <info@BLOSSOM HIRE COMPANY>
Sent: Sunday, October 18, 2020 6:20:12 PM
To: CUSTOMER <CUSTOMER@EMAILADDRESS.COM>
Subject: Re: Blossom tree hire

<Image-489.png>

<Image-490.png>

Yes it’s 2 trees it’s worth coming to see them it’s by appointment only and we social distance just let me know when you would like to visit the next appointments are next Saturday onwards



From: CUSTOMER <CUSTOMER@EMAILADDRESS.COM>
Sent: Sunday, October 18, 2020 6:17:16 PM
To: Blossom Tree Hire Co <info@BLOSSOM HIRE COMPANY>
Subject: Re: Blossom tree hire

Brilliant, so is the picture I sent of the arch two separate trees?

We will definitely have a visit to the showroom within the next couple of weeks though, what is the address?

Sent from my iPhone

On 18 Oct 2020, at 18:11, Blossom Tree Hire Co <info@BLOSSOM HIRE COMPANY> wrote:


Nice place
We know Jess well

Our Canopy Trees are £300a pair. matching table trees £75
All trees have hanging T-lights and a floral base.
Our trees are wood are of the highest quality available.
We have a showroom in Sunderland if you would like to see them we are now open.We have trees in White,Pink and White/Green

Delivery/ collection is £50
Deposit £100


Best Regards
John





From: CUSTOMER <CUSTOMER@EMAILADDRESS.COM>
Sent: Sunday, October 18, 2020 6:09:44 PM
To: Blossom Tree Hire Co <info@BLOSSOM HIRE COMPANY>
Subject: Re: Blossom tree hire

It will be a thief hall

Sent from my iPhone

> On 18 Oct 2020, at 18:08, Blossom Tree Hire Co <info@BLOSSOM HIRE COMPANY> wrote:
>
>
> <image0.png>

djrobst

I've just found out the jess woman that they want to resell the package is not someone who is part of their company its an employee at the wedding venue, so they are basically saying its non refundable, get the wedding venue to resell the package with the exact same date to get your money back.

Alter_ego

Surely you don't expect folks to read all that? Keep it simple, tell us the salient facts.

djrobst

I have said the facts and the email trail is below for anyone who wanted to read the full corospondance.

djrobst

Facts are:

looking for advice how to responsd and proceede on behalf my step daughter,

They paid £500 upfront for blossom tree decoration hire and the wedding was booked for september next year.
They have now split up and want the money back but have been told that it is a non refundable service and they will only give the money back if the wedding venue resell the package on the same date to someone else (they have nothing to do with the booking).
Nothing has been signed on their behalf they have just made booking and paid by bank transfer. Only thing they had back in writing is emails - some pressuring them to go ahead with the booking
Company is a limited company and the website is  Blossomtreehireco co uk

There is no mention on website or in the email chain that whole thing is non refundable and there is no cancellation rights or packages need to be resold for a refund prior to them asking to cancel.
They already own the items on hire so there is not really any loss to them at this stage and its cancelled well in advance.

sparelogin

Who are 'the jess girl' and 'the jess woman'?

bris

The facts are all on the first line, the rest we don't need to read.
The contract is legal, paying the money proves that, nothing needs to be in writing, actions speak for themselves.
You are not entitled to a refund unless they fail to mitigate the loss. They mitigate the loss by selling the package on the date to someone else.

You cancelled not them, the breach of contract is yours not theirs. It can get worse, if £500 is just a deposit and they can't mitigate the loss then technically they can sue for the rest of their losses which would more or less be the rest of the package cost less some expenses they no longer have to pay.

elsien

Non refundable is not an illegal contract clause. I do feel that there should have been some onus on them to check the terms and conditions before sending money by bank transfer. 

Have they asked for a cope of the terms and conditions now? 

I’m also wondering whether the contract is with the ex as he is the one referenced throughout, so no obligation for them to deal with your daughter at all. 

davidmcn

bris said:

if £500 is just a deposit and they can't mitigate the loss then technically they can sue for the rest of their losses which would more or less be the rest of the package cost less some expenses they no longer have to pay.

£500 appears to be the full price. So in theory they ought to be entitled to a partial refund, even if the date can't be rebooked, because the supplier doesn't need to bother doing any work.

djrobst

sparelogin said:

Who are 'the jess girl' and 'the jess woman'?

Jess is the owner of the wedding venue an unrelated 3rd party, when I originally posted it I thought she worked for the blossom hire company but they basically passing the book saying get her to hire them to someone else on the same date.
Which isnt going to happen as its booked on a tuesday and she shouldnt have to as she is a third party to this who isnt involved. They are just trying to pass the buck to her.

djrobst

No terms and conditions were given at any time though, only mention of non refundable is when she asked to cancel and refund that they brough it up. They paid in full, if they only paid a deposit it would have been £100 deposit to secure the date.

It was through both of them, was just on his email the corospondance was originally through, payment was thorugh her bank.