Wedding venue contract...is this a flaw?

It depends. It could be that only Mrs Alison Searby can sign or it could be that Sarah Searby is empowered by Mrs Alison Searby to sign in her absence.

If the venue is not at fault, and you have changed your minds (for good reasons), perhaps the easiest thing to do is accept that you have lost your refund and move on with finding a new venue, otherwise it could lead to a protracted wrangle and lots of bad feeling.

I think trying to use the signatory as a get out clause for you having changed your mind is a bit off personally. Something happened outside of their control and now you've changed your mind. If there was something material that they did or didn't do that's made you question their capability to handle your wedding that would be different, but this appears to be an unfortunate incident.

I think you'd be much better being nice, honest and open with them and actually see it from their perspective too. Explain exactly why you want to cancel and try to agree a reasonable solution. I'm not sure how long until your wedding, but I do think trying to turn it onto something they've done wrong in this way will only make them switch into defensive mode and not be willing to compromise, and rightly so imho.

The signatory won't void the contract. Best thing to do would be to speak with them, be honest and tell them why you don't want to have your wedding there any more. Ask for your deposit back as a gesture of goodwill. If there is a lot of time between now and your wedding, they may be more inclined to do so.

Hope you get sorted

I've just come across your previous thread where you were trying to get out of this contract with what seemed to be reasonable reasons;

https://www.hitched.co.uk/chat/forums/p/486502/3701215.aspx#3701215

What happened about this? Is it that you have really changed your mind and regret paying such a sizable deposit? It would be helpful if you could tell us the full story with what's going on here and what the full issues are, that way we can help you best and give you the right views.

Hi all, I appreciate your advice and comments so thanks.

Well we had a chat a recently as that was another concern of mine and they tell me now that they can only hold a number of outdoor music events per year, so they are limited and I had not realised this. I'm worried about disputes in the future, i.e. if other bridal parties want outdoor music (they have around 30 weddings a year and 3 small music festivals) so i'm worried it might lead to later squabbles. I want to be transparent and honest with them that the venue may not be suitable, try and negotiate some deposit refund (half or something like that). The wedding is scheduled for October this year.

Hope this clears things up

In that case, then the post above is a red-herring - you're really after getting our of the contract because you might not be able to get what you were expecting. This is a perfectly reasonable reason to potentially ask for a contract to be terminated - unless they have been totally honest with you of course and you've "simply" had a change of heart. Have they told you what you want is at risk or actually misled you at all, or is it just worries in your mind? When you booked, were you specific that you want outdoor munsic in a certain location?

I think you need to be absolutely crystal clear with them what your worries are. If they have lead you to believe you can have X & Y and that is in the contract, or in writing somewhere, and you've now got proof that this cannot be guaranteed, then you need to present that information to them and ask for their response. Otherwise you're on rather dodgy ground I fear.

I'm really confused! so what is it: you don't like the music situation or you don't like the death situation?

THey are totally different things. If I were you i wouldn't pursue the death thing as its outside their control. they haven't done anything wrong so they'll just say what a shame but you'll not get your deposit back. You'll find that most houses have had a death in them so they'll probably use that as an argument too.

I appreciate some people are a bit funny about this sort of thing, but i just don't think it's a good line to take.

If your problem is about the music situation then you need to talk to them. You need them to guarantee in writing that you will have the music event outdoors. You also need to go back and discuss with them where you want to be doing that and see if it works for you. If not, tell them that it materially changes the services they can provide and they should have notified you so you want out and your deposit back.

If they've confirmed you are down for a music event then i wouldn't be too concerned. THis is something that you can work out by communicating with them.

The signature thing is probably a non-starter. She probably has a power of attorney.

If the music thing is what's bothering you then you need to focus on that. Trying to find other excuses is a bit off imo. HOpe you can resolve it!

The venue depends upon TEN (Temporary Event Notices) to run outdoor music, which isn't abnormal. They're pretty easy to obtain even with complaining neighbours, but they're limited in number per year so if you flag to them that you need one then they can account for it accordingly.

Regarding pulling out for cultural reasons, it's essentially a change of mind unless it's been stipulated in the contract.

Your best bet is to have an open and honest conversation with these people. Hope that they refund your cash, but expect that they won't. The longer you leave it, the more unlikely they are going to be to refund your deposit as it will be difficult for them to find another booking and mitigate their loss.

FAOD, the signature point is a red herring. Even if it wasn't signed, it's a binding contract as it's their standard terms, there was an offer (hire of the venue on a certain date), acceptance of this offer by you, consideration (i.e. you paid them cash as a deposit) and there were intentions to enter into a legal relationship.

If you explain everything to the venue, and it was down to an event which happened on their grounds, they may compromise and let you have your deposit back if/when they are able to fill your date. I would be wary about trying to say the contract is not valid as it will get their backs up and they would be less likely to want to help you.

I dunno... when you originally posted I thought you had reasonable grounds for cancellation. But this new post make me unsure. There are no cultural reasons that trump a signed contract unless they were discussed and agreed as part of the original contract.

Looking for loopholes also implies to me that you have no grounds for cancellation. If they can't provide the service specified in the contract and pre-contract (written) discussions then you can cancel.

It's looking like they can provide the service which means you can still cancel but you forfeit the retainer.

I strongly advise you against trying this new tactic with the venue. I think they will be most unhappy and refuse to refund anything.

Thanks for all for your responses, I know there are some issues that sound odd here...both came at the same time you see. Well I've had a phone conversation with the owner and we've both discussed both issues more thoroughly. And we've just had an honest discussion about my new apprehensions of marrying there. I decided that searching for contract loopholes was a sign of fear, as the reasons for no longer marrying there would not be covered by insurance, okay I admit that. I've given up the date, withdrew from the contract before further charges can be added and the owner will discuss with the co-owner about deposit. What's done is done.