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Beginner August 2019

Wedding Cancellation

HappyBlueDecor17142, 7 October, 2018 at 19:33 Posted on Planning 0 5

My wedding was booked for 11th October 2019, I then changed the date last week to 20/08/2019 and paid an amendment fee. So far I have only paid £500 booking fee and £50 amendment fee to change the date. The £1000 deposit was due next week and no suppliers/registrar have been booked yet. I have now decided to change the wedding venue due to family issues and have informed the venue. The venue have now come back to me stating that I need to pay nearly £3k as a cancellation fee. The contract states ‘upon booking & deposit paid - 25% of anticipates revenue’. The contract also states ‘To make a firm booking we will require your signed copy of this contract and a booking fee of £500.00 providing such date has been agreed with The Orchard with a £1000 deposit to be received no later than 12 weeks from booking.’

Based on the wording in the contract and the fact that I have not paid a deposit yet, I would say that I am not liable for the 25%. I am so stressed about this!

Any advice please?!

5 replies

Latest activity by Billie06, 15 October, 2018 at 11:34
  • H
    Expert September 2019
    Have_you_met_Mrs_Jones2019 ·
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    Hmm, the 'deposit paid ' term is potentially a bit ambiguous, as you haven't paid the actual deposit, but you have paid a booking fee.

    I would maybe contact them and ask them to clarify that they consider the booking fee and deposit as separate monies. If they still try and press for the 25%, you could ask if they would consider waiving it as a goodwill gesture, given that they still have a year to fill the date.

    Other than that, I would recommend calling Citizen's Advice and see what they suggest.

    *disclaimer* I don't have any legal knowledge, this is just what I would do!

    Good luck! X

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  • M
    Curious September 2019
    Missus_Mop ·
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    Have you actually signed the contract? Personally, I think they would be hard pushed to charge a cancellation fee if you haven't paid a deposit. You could argue legally that no contract has been made until the deposit has been paid - that's what a deposit is for.

    Like you say, the contract states "upon booking & deposit paid". which implies that the deposit needs to be paid for it to be a firm contractual agreement. I would stand my ground with them. Refuse to pay it based on this argument, and be very firm in your wording and make it sound like 'legal speak', lol.

    It is their bad for not getting deposit at the same time of the booking.

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  • H
    Beginner May 2019
    HappyGoldCakes14475 ·
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    I think you're right here and you can turn their own words against them by saying

    "since a deposit has not been paid, you would be still within your rights to cancel my booking, so therefore so am i. as it states in your contract 'to make a firm booking we will require..' and i have not yet provided those items which makes my booking non-binding and as such i will not be paying your cancellation fee."

    if that doesn't work then i wouldn't bother with citizens advice, they are useless in my experience as they're not experts. You're better off looking on the money saving expert website and talking to people in the forums there. :-)

    good luck!

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  • H
    Beginner October 2018
    HappyBrownDecor18059 ·
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    Although I am not a lawyer, I would agree that it definitely looks like the fact that you haven't paid the deposit means you're not liable for the 25%. On a purely moral level, I think it's totally unreasonable. They're not going to lose any revenue since they've got over a year to find someone else for that date, it's not like you cancelled on them a week beforehand. On a pragmatic level, if you refuse to pay the money the only way they'll get it off you is by going to court, which I doubt they'd bother with - especially given that their legal grounds for demanding the money seem dubious plus they haven't actually lost any money as it stands, and will easily earn that money by simply re-booking that date. It's probably more effort than it's worth for them. So I wouldn't worry too much, just stand your ground.

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  • Paula @ Ollievision
    Paula @ Ollievision ·
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    It's hard to advise on here but the T&C's only apply if you had them BEFORE you paid the money. If you have not signed the contract yet (and got paperwork) then the venue can't hold you to T&C's you have not seen.

    Contact trading standards for more advice.

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  • B
    Beginner November 2018
    Billie06 ·
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    Hi!

    sorry to hear of this, I can advise as i have had a situation in regards to deposits and no contacts though. I would call citizens advice and also check consumer laws and regulations 2013 and 2015. It will help a lot. I would strongly suggest to call citizens advice, they were really really helpful.

    It doesn't mean if someone puts things in a contract its correct, a contact could be full of faulty things, as i have found that a non refundable deposit doesnt actually mean anything

    Check these sites

    https://www.which.co.uk/consumer-rights/regulation/consumer-rights-act

    https://www.citizensadvice.org.uk/about-us/how-citizens-advice-works/citizens-advice-consumer-work/the-consumer-rights-act-2015/

    http://www.legislation.gov.uk/ukpga/2015/15/contents/enacted

    Hope this all helps!

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