Negotiating refund of venue deposit - WWYD?

I always thought the nature of a 'depsosit' rather than a 'first payment,' was that you don't get it back if you cancel. Mainly because the company will have turned down other enquiries because you have booked the date. Now you have changed your mind, they need to fill your slot again, so they get to keep the deposit as compensation for losing your business and for inconvenience of finding a replacement booking.

With regards to who said what. If its not in any email or written correspondence it cannot be proven either way, it's your word against theirs. So you are unlikely to lose the good will offer, but may not get any more. I think they are being quite generous by giving you anything back at all, but if you wish to push for more you can try.

I don't think it hurts to go back to them and suss out whether they can actually prove it. I'm always one to push a bit further ?

I agree, i always see a deposit as non refundable BUT i would take the 50% and then challenge them to prove it for the other 50%. ?

I thought that a deposit was non-refundable without having to specify that it was this....although, really, I'm not sure why I think this.I guess if they don't specify it is non-refundable then you might assume it is refundable.

Say that deposits are by definition non refundable though, I think there might be another way you might be able to get a chunk back, what percentage of the final payment is covered by the deposit? I think if you can prove that the deposit was sizable enough to cover part payment of the goods/service delivered on the day rather than act as an 'insurance' for the service provider then you might have an argument. Can you be doing with the small claims court though?

If it were me, I'd take the £350 and cut my losses as I think this is fair considering the lateish date you are cancelling at - although if you really feel you are entitled to the full amount, then I think you should push for it, it will leave a nasty taste in your mouth if you feel you've been unfairly treated.

OK, on consensus opinion I'll get off my high horse. I was arguing from a technicality - I'm pretty sure that unless it's explicitly stated that a deposit is non refundable, legally a client can ask for it back. However, if everyone's of the same opinion, I'll stop stressing about it, and just go for 50%

Thanks

I think it may be a bit of a grey area being that you didn't have a contract in writing as such from the outset. This is most unusual in the wedding industry as almost everyone has contracts because of the nature of the business. Suppliers obviously will hold dates for clients on the basis that they won't cancel which means that once they are fully booked, they are turning away business due to taking the bookings they have secured with deposits paid.

There is also the point that contracts can be deemed as being 'verbal' from what I understand from my years in the retail trade so the venue may be covered under these terms..? In which case, this is probably why they have offered the 50% refund.

I would also be tempted to take the money and then if you really wish, pursue once you have got some of the money back. At least the money you get back will go towards paying off something else for the wedding. I would definitely recommend getting a contract though from your new venue and go through it with a fine tooth comb before signing just to be on the safe side.

Just looking at your avatar, are you in Honley, Huddersfield? I'm not too far away from you in Dewsbury!

Thanks. All other suppliers, including the new venue, have signed written contracts with us, so that's no problem. The new people are far more flexible anyway and don't want to impose any restrictions on what we want to do.

As for location, no, I'm in Honiley, Warwickshire. Middle of nowhere. Well, if you drive between the place name signs for Honiley there's just a Dogs Trust centre and a hotel, with an old stately home across the road and a few millionaire type houses in the trees. About a mile further up though is my little bit of the hamlet consisting of 13 cottages, about 4 farms, and a pub . We're on a main road so it's not quite the rural idyll it sounds like, but it's a damn sight better than where I used to live in city suburbs!

I know Honiley, not far from me. I would probably take the 50%. I am suprised they didn't make you sign contracts on taking the booking and deposit. Which venue are you going to now?

We're using Hatton Village Hall now. Literally 5 mins, if that, from the house, so no need to fret about accommodation, someone can just give us a lift home. We'll are flying back from Africa on 15th, and reception is 18th, so the last place we'll want to be is in a hotel!