Can I get deposit back?

Caracoco

I'm getting married soon and I had a trial with a makeup artist. After I had the trial, I paid a £40 deposit to book her for my wedding day.

I've now changed my mind and I'm going to do my own makeup on the day. However, the makeup artist says that I can't have my deposit back as it is 'non-refundable'. Although it does say this on her terms and conditions on her website, she didn't personally tell me this and we had no written agreement.

She is saying that she has turned away other people for my date and has lost my booking now, therefore losing work for that date.

Shouldn't she give it back to me? Isn't there a 14 day cooling off period?

MrsTinks

I think in fairness she may have lost bookings and it's entirely up to her whether she should give the deposit back or not really... It's not because she's done anything wrong, purely because you have changed your mind so in my mind I think she has the right to keep the deposit...
Is the wedding far away? Is she likely to get another booking that will ensure she doesn't loose business?
As for 14 day cooling of periods... I think this only applies to certain contracts, not to things like booking services...

Caracoco

My wedding is in 8 weeks.

Doesn't the fact that she didn't actually tell me the deposit was non-refundable or give me a written agreement matter though?

paddingtondoo

As you've mentioned the fact that the deposit is non-refundable is listed in her Ts & Cs on her website and would have thought that any verbal agreement you entered into would be subject to those.

Did you ask her for written agreement? I'm not sure it's normal for services like this to be confirmed by written agreements.

You could always ring someone like citizens advice and ask them but I think you will probably be out of luck here especially as you have cancelled because you have just changed your mind.

ellionic

I have had this problem before with a company nothing to do with weddings mind and i phoned citizens advice and was told it was my own fault should of read the terms and conditions and i would lose my money if i cancelled.
I dont think this is right if you are giving plenty of notice

footballmanagerwidow

In all fairness 8 weeks isn't much notice, most people book services like this 6 or more months in advance.

MrsTinks

The argument would ultimately be "she didn't tell me" and her saying "I informed her of the T & Cs which are detailed on my site"... for £40 I would either write it off or go ahead with using her...

photome

I think a deposit is something you pay to secure a service /item etc.
If you are not sure that you want that service/item, you dont pay a deposit.

IMO she has every right to keep the deposit.