Wedding deposit - covid cancellation

DD92

My wife and I were victim to covid ruining are initial wedding plans. 

We had a band booked, via an entertainment agency, to play at our wedding but due to restrictions couldn't go ahead with the wedding we wanted so cancelled it (at the time restrictions were max 30 people so we went ahead with a small ceremony and meal with immediate family) 

We requested the deposit back from the entertainment agency and they said it was non-refundable and as a small business they couldn't afford to refund deposits but they were happy to keep the deposit to use towards another booking at a later date. We rightly or wrongly had a bit of empathy and didn't push it (I've since had a look at companies house and they have tons of cash for a "small business). 

We've decided we no longer want a band for our second wedding so have been trying to request the deposit back but we can't get a response from them. 

What are my rights in this situation? I know 'non-refundable' doesn't mean anything unless they've incurred actual costs. However does it matter than its been 2 years since we originally cancelled and does the fact my wife very loosely agreed to transfer the deposit to another booking affect anything? 

Alderbank

For a consumer contract they can only keep their actual expenses if the consumer cancels.

There would be a small amount of administration. They might claim they had to pay the band but I would be gobsmacked if the band had actually got anything at all.

the_lunatic_is_in_my_head

On the date in question could the band have attended a venue to play or would that have been illegal due to the government restrictions? 

DD92

the_lunatic_is_in_my_head said:

On the date in question could the band have attended a venue to play or would that have been illegal due to the government restrictions? 

With it being limited to 30 people including staff, the band being there would have breached the 30 people rule. I don't think the venue would have allowed it even if it was within the numbers. Also we only had a small function room for private dining rather than the main function room the wedding would have been in so social distancing wouldn't have been possible.  

I'll be honest, I can't recall what the exact restrictions were at the time what with them changing every 5 minutes and being generally unclear. It was at the start of June 21 but not sure how to go back and check

the_lunatic_is_in_my_head

DD92 said:

the_lunatic_is_in_my_head said:

On the date in question could the band have attended a venue to play or would that have been illegal due to the government restrictions? 

With it being limited to 30 people including staff, the band being there would have breached the 30 people rule. I don't think the venue would have allowed it even if it was within the numbers. Also we only had a small function room for private dining rather than the main function room the wedding would have been in so social distancing wouldn't have been possible.  

I'll be honest, I can't recall what the exact restrictions were at the time what with them changing every 5 minutes and being generally unclear. It was at the start of June 21 but not sure how to go back and check

I'm not really sure what all various restrictions were, if a band could not play anywhere at the time then you'd of course be entitled to a refund, if the band could have attended any event (even if it were only the two of you plus staff) it might be argued there wasn't a right to cancel and they could look to keep net cost or net loss of profits.

How much was the deposit and eventual total cost of the band OP? 

DD92

the_lunatic_is_in_my_head said:

DD92 said:

the_lunatic_is_in_my_head said:

On the date in question could the band have attended a venue to play or would that have been illegal due to the government restrictions? 

With it being limited to 30 people including staff, the band being there would have breached the 30 people rule. I don't think the venue would have allowed it even if it was within the numbers. Also we only had a small function room for private dining rather than the main function room the wedding would have been in so social distancing wouldn't have been possible.  

I'll be honest, I can't recall what the exact restrictions were at the time what with them changing every 5 minutes and being generally unclear. It was at the start of June 21 but not sure how to go back and check

I'm not really sure what all various restrictions were, if a band could not play anywhere at the time then you'd of course be entitled to a refund, if the band could have attended any event (even if it were only the two of you plus staff) it might be argued there wasn't a right to cancel and they could look to keep net cost or net loss of profits.

How much was the deposit and eventual total cost of the band OP? 

Total cost would have been just shy of 2 grand of which we'd paid £370 as a deposit. 

sheramber

Are they still in business?

DD92

sheramber said:

Are they still in business?

They are. I've emailed them a few times with no response so yesterday on a different email address I enquired about a band and got an email back within 24 hours. They are very much still trading

km1500

you could try a lba and the small claims procedure

the_lunatic_is_in_my_head

DD92 said:

Total cost would have been just shy of 2 grand of which we'd paid £370 as a deposit. 

Thanks OP, the topic of deposits comes up here now and then and in my view the position is clear under the Consumer Rights Act and common law, the customer is allowed to cancel even when they don't have the right to do so and the company can only keep costs or loss of profit, for a band charging £2k I would assume their profit is going to at least £370 if not more. 

I think this is one of those instances where there isn't a right to the deposit back, you could send a letter before action as a bluff but I wouldn't recommend going to small claims as if the band, or whoever represents them, knows the leal position I don't think you would be successful. 

This is on the assumption the band was booked separately rather than as part of a full wedding package and the assumption that a band could have legally played on the day at an event that had no more than the legal limit at the time.

Not the best answer to hear I understand  

user1977

the_lunatic_is_in_my_head said:

DD92 said:

Total cost would have been just shy of 2 grand of which we'd paid £370 as a deposit. 

the assumption that a band could have legally played on the day at an event that had no more than the legal limit at the time.

Even if they in theory could have, who would be booking a band for an audience which couldn't number more than 30 people minus the band members and any staff?