Wedding Venue woes :( took deposit but won't send us a contract, now won't refund deposit.

bxroro

I'll start by saying I feel incredibly foolish at paying a deposit BEFORE receiving a contract, you live and learn.

Unfortunately the situation we're in is that a wedding venue told us we had to pay a deposit in order to reserve our date in December 2023 as another couple were interested. We paid this two months ago and have still not received the contract despite chasing. We have now also found out that the renovation works they promised would be complete are being postponed and this is filling us with fear.

Long story short, we want to get our deposit back but the venue are saying it was non refundable. The only reference to this is something I found at the bottom of a brochure I was sent back in August (and never referred to again I might add)

"A non-refundable deposit of £1000 is then required to secure the booking along with a signed contract. The remainder is due six weeks prior to the event."

It clearly states ALONG with a signed contract so in my eyes the booking isn't even secure. There must be something we can do, how can they refuse to return our money and also not provide us with a contract?

Please help, it's a lot of money and we need to secure an alternative venue.

pinkshoes

No deposit is non refundable, but they can make deductions to re-advertise and keep the deposit to cover any losses if they don't re-sell the date. If they then re-sold that date they need to refund less any reasonable costs.

I would ask them in writing to send the contract for you to sign, along with a written confirmation as per the terms of you paying the deposit that all renovations will be completed before the wedding. State that if they are unable to confirm in writing that all renovations will be completed then they need to return the deposit within 14 days.

I'm assuming you'd be happy to go ahead if the renovations are finished?

bxroro

Thanks @pinkshoes. The renovations feel like a huge gamble now given the timings. I don't see how they could commit to renovations being complete as who knows what complications could arise.

Additionally, should the renovations not be complete, we wouldn't be left with enough time to reorganise the wedding and would lose out on supplier fees etc which isn't an option.

I guess I just want to know whether, in the absence of the written contract, we are likely to be able to argue they should refund us in full.

Aylesbury_Duck

How have you found out about the potential delayed renovations?  Is it verified, or just a rumour at this stage?

As I see it, a contract exists - both parties agreed to the date and the terms, and a deposit was made.  You don't need a physical signed piece of paper to create a contract.  As pinkshoes says, they may reasonably retain some or all of your deposit in certain circumstances.  I agree with her approach so I would try it.  If completion of the works was a condition of the contract and they are now unable to honour that commitment, it's an obvious return of the full deposit.  If they continue to honour that commitment then they're meeting their side of the bargain - you're in no different position than you were when you agreed to it in the first place, i.e. you were happy to commit knowing that renovations were due between now and then.

pinkshoes

bxroro said:

Thanks @pinkshoes. The renovations feel like a huge gamble now given the timings. I don't see how they could commit to renovations being complete as who knows what complications could arise.

Additionally, should the renovations not be complete, we wouldn't be left with enough time to reorganise the wedding and would lose out on supplier fees etc which isn't an option.

I guess I just want to know whether, in the absence of the written contract, we are likely to be able to argue they should refund us in full.

You don't need to have a written contract to have a contract, so you DO have a contract, albeit you appear to have paid your deposit based on them promising the renovation works would be finished. 

I would make it very clear you want their promise in writing that the renovation will be finished, and agree some sort of compensation or similar if it is not finished. 

What sort of renovations are we talking about and how will it impact the wedding? I assume there won't be builders parading through the ceremony or hairy butt cracks on display when you're trying to eat?!?!?

DullGreyGuy

A deposit would be a totally and utterly useless thing if it was refundable at will... working assumption should always be that a deposit is non-refundable unless explicitly told otherwise. 

Did they guarantee the renovations will be done in time or just say they are due to be done on time? How much impact would there really be if they were still in progress? Realistically any business has to plan on the basis that they will be done by some date, no business can afford to simply shut up shop and not take any bookings until after they are complete given most book months or years in advance. Ultimately there is a risk, but then there is also a risk that the next venue you go to just dont tell you about their planned renovation and/or a venue sustains flood/fire damage etc and need unplanned renovations. 

You clearly need to obtain a copy of the contract and read the cancellation terms. What Pinkshoes says is in principle correct, the venue shouldnt profit from your desire to breach the contract but should be compensated for their losses. If you read the legal press however there are commentators noting that courts are getting more comfortable with the idea average or fixed costs for these types of things rather than individually calculated costs... take your car insurance, it'll charge £75 to cancel if you cancel day 1, 31 or 331 whereas their losses are worse earlier on.

macman

How did you pay the deposit? Card, bank transfer or cash? Hopefully the former.

bxroro

Paid by card thankfully. The ceremony and reception room that accommodates 150 we agreed to hire would not be available to use. We would only have the option to use a smaller room that seats up to 90. ( We're not talking about a lick of wallpaper here...

it would mean us having to invite a lot of guests etc.

sheramber

When are the renovations being postponed until?

Will they even be started by the the time of your wedding or are they postponed indefinitely, due to the current financial situation?

What have the venue said about the timings?

Aylesbury_Duck

bxroro said:

Paid by card thankfully. The ceremony and reception room that accommodates 150 we agreed to hire would not be available to use. We would only have the option to use a smaller room that seats up to 90. ( We're not talking about a lick of wallpaper here...

it would mean us having to invite a lot of guests etc.

I agree that that's a pretty fundamental thing, so it comes back to getting their assurance that they can deliver your wedding for up to 150 people as was determined when you agreed the contract and paid the deposit.  If they can't provide that, then it's a case of asking for a full refund now.  If they can provide that assurance, they don't have to refund you in full if you then decide to cancel anyway.