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  • FIRST POST
    Jim35
    Wedding Venue Contract Problems
    • #1
    • 27th Apr 12, 10:57 PM
    Wedding Venue Contract Problems 27th Apr 12 at 10:57 PM
    We are having a tough time dealing with the venue for our Wedding reception coming up later this year. At the time we signed the contract we were told we could use any cater and we could provide our own alcohol. Now they are saying that if we do not use a certain cater then they will add a 10% charge on top of the cater cost and we must buy all alcohol through them (which they mark up and doubles our budget for drinks.)

    We are trying to cancel and get our deposit back but not having much success. In the contract it says nothing about food or drinks, under beverages and food it simple says "to be determined." They did say we could cancel the event but would not be able to get our deposit back. Is there anything we can do to argue and get back our deposit?
Page 1
    • Nile
    • By Nile 27th Apr 12, 11:28 PM
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    Nile
    • #2
    • 27th Apr 12, 11:28 PM
    • #2
    • 27th Apr 12, 11:28 PM
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    • paddyrg
    • By paddyrg 28th Apr 12, 10:09 AM
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    paddyrg
    • #3
    • 28th Apr 12, 10:09 AM
    • #3
    • 28th Apr 12, 10:09 AM
    It's a classic your word against theirs. If it isn't on paper and they deny saying it, you're in a corner. Who's to say in the excitement that you didn't misremember a detail (maybe for instance 'bring your own booze that's fine...corkage as usual'). I am not doubting you, but what would a judge say if neither side has a record of saying you can bring all your own food and drink?

    In fact it is probably worse than that, hotels are in the food and drink business, it is typically a core part of their income, and letting the room without it would be unusual. If they can provide similar contracts signed either side of yours showing the food and drink were tied, it would support their case rather than yours, for instance.

    So I suspect you may be into this contract now, and due some penalty for pulling out. Whether the penalty is higher than the extra costs for using them is up to you. Ask about corkage (which is an absolutely standard per-bottle charge for bringing your own drink), and how you can keep that down? Provide wine at table and a normal pay bar? Dining options, ask them how you can keep costs down. Your own caterer would need to bring a kitchen, fuel, labour etc so the savings may not be as big as you think.

    Alternatively, you could try asking them to readvertise the date. Can they prove losses to the value of the deposit (admin time/turned down other business for that day/etc)? If the date is 3 years away it is doubtful, if it is this summer they could well have lost other business by accepting yours - in which case the deposit may be forfeit. However if that is the case, and they readvertise and resell the date, then you could argue that you only owe the the admin overhead and get something back?
    • arcon5
    • By arcon5 28th Apr 12, 12:53 PM
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    arcon5
    • #4
    • 28th Apr 12, 12:53 PM
    • #4
    • 28th Apr 12, 12:53 PM
    I would contact them in writing, something along the lines of
    'On XX an agreement was reached for your services whereby you agreed we could supply our own alcohol. Following on from your more recent contract whereby you have gone back on this and insisting we must use your service - we would like a full explanation as to why this action has been taken.
    We would also like for you to review this complaint and give us a final decision'


    The hope here is that they respond in a manner which could constitute admittance that they did initially allow you to bring your own alcohol.

    Otherwise it is a case of your word against them for which it gets very complicated.
  • Jim35
    • #5
    • 30th Apr 12, 4:05 PM
    • #5
    • 30th Apr 12, 4:05 PM
    Thanks everyone for the advice, it was a small deposit so going to try to contact them in writing and see what kind of response we get. If that does not work we will just lose the deposit, would be nice to save that money but might not be worth the headache. Thanks again!
  • BlueAngelCV
    • #6
    • 30th Apr 12, 7:15 PM
    • #6
    • 30th Apr 12, 7:15 PM
    It's a classic your word against theirs. If it isn't on paper and they deny saying it, you're in a corner.
    Originally posted by paddyrg
    I disagree, if the venue want to impose this term then it is for them to prove it. If it's there word against yours I imagine a Judge would be asking them why it wasn't specified in the contract if it was a requirement.
    Wedding 5th September 2015
    • unholyangel
    • By unholyangel 30th Apr 12, 7:19 PM
    • 13,184 Posts
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    unholyangel
    • #7
    • 30th Apr 12, 7:19 PM
    • #7
    • 30th Apr 12, 7:19 PM
    I disagree, if the venue want to impose this term then it is for them to prove it. If it's there word against yours I imagine a Judge would be asking them why it wasn't specified in the contract if it was a requirement.
    Originally posted by BlueAngelCV
    I'd tend to agree tbh.

    While "hidden" terms arent necessarily unfair, I imagine one which puts an unexpected financial burden on the OP would possibly be found unfair.

    And ofc, if there was a price agreed previously and the OP has since went to book their own services, it could be used on the balance of probabilities to indicate the OP was never aware of such a term.
    Money doesn't solve poverty.....it creates it.
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