Deposit back?

Question

Ok so I bokked my venue back in Feb (the guy pushed me to book early) and everything that was told to me was a lie. Im not allowed doing any decorating, the tacky wood furniture that I was told will not be is going to be and they will not move it, my head table is only set up for dinner and than taken apart and there is an ugly mirror above it that will show in my pic's and the wont allow me to move it or cover it. Im not allowed a back drop. The list goes on. So I was told that I could do want I want when I booked it I told them my ideals and they said that it would be fine so I gave my deposit and booked it.. Im now not happy at all my date is July 10 2009 and they told me that they will keep 300.00 of my deposit wich im fine w/ but there is still 1200.00 that I only get back if they can book my date for someone else. What are my chances of getting it back????

Answer 1

Call them. Tell them the contract says they must return your $1,200.  The deposit is all they are allowed, by law, to keep.  Demand payment within 7 days.

Answer 2

It sounds like they broke the contract and you are entitled to a full refund. If they don't refund your $1200, consult an attorney and let them know you are doing so.

Answer 3

The thing about contracts is what "is" mentioned, not what isn't.  Same as with car insurance, if it doesn't mention theft, then assume that you won't be covered if it happens.

Same with this contract, unless it says, "You have free reign to decorate as you please, furniture will be moved to accommodate you, etc.." assume that those things will not happen. Unfortunately, this is how any court will uphold a contract as the rest is your word against theirs.

Answer 4

I'm guessing these were verbal promises, not things specifically outlined in your legal contract....

Well, it's a gamble but one that I would take.  They still have lots of time to rebook it.  Plus, I would call them every day, maybe twice a day, and ask them if they rebooked until they were so sick of my calling that they just gave me my money back.  I would be so mad at what they did that I would make thier job h**l until they gave me my money.  Even drop in now and then, that ought to do the trick.  I guess I'm just determined like that.

Who cares is there is a sign?  They don't put much stock in what is written, obviously, why would you?  If it doesn't say anything about holding the rest of the money until the rebook in your contract, then they can't legally keep it.  Tell them you have consulted an attorney (lie) and you know your rights.  They should give it back.  If not, actually consult one.

Answer 5

Well unfortunately this is hindsight now, but there are certain things that SHOULD be in your venue contract and you should not sign until you are satisfied. That means any and every detail should be in writing. That is not to say that verbal agreements don't hold water but they are harder to fight in case of problems.

In writing you need:

*Total cost and line by line item breakdown of what's included

*Amount of your deposit and when you paid it

*Outstanding balance and when it is due (on that note, it sounds like you have paid the entire cost of the venue already? Unless otherwise specified in writing, generally deposits are non refundable to cover the cost of losing business should the customer cancel for whatever reason. So unless otherwise specified in writing, and you terminate the contract and there is no other arrangement reached, they can not withhold the remaining balance, only the deposit.

*Exact date and time of your wedding (obviously)

*Exact location: what room or rooms at the venue

*A detailed list of everything that the venue will be supplying- as you mentioned, the things they originally said they would provide, dismantle, keep, etc.

* The name of the site representative who will be there at the venue on your wedding day, and the name of an acceptable replacement if that person happens not to be available

*Proof of liability insurance and liquor license if applicable

*Cancellation/refund policy and any other contingency plans

*Any other things you agreed on verbally that should be in writing

So since it sounds like you got very little in writing, you have to first try and resolve this yourself amicably and if that doesn't work, move onto the Better Business Bureau and to legal action at last resort.

You also want to do some research on the place to help your case. Is it a busy wedding venue? Ask around anyone who has had experience with this place.

So make meticulous notes of everything that has transpired since you first made contact with them. Every phone call, in person visit, who you spoke with, detailed notes on what was said, written, agreed upon, who else was with you as possible witness etc. Then you take this to the BBB- if you haven't been able to resolve this amicably with the manager, or highest person on the totem pole.

Yes you have lost the 300 dollars, but if you have anything in writing that you said did not mention non refund of the 1200 dollars, then you will get that back either directly or through legal action (they can not withhold that, as I said- that is what the deposit is for).

Then you count your losses, you spread the word about this venue to everyone you know and any wedding type businesses so that nobody else gets burned. And then you find yourself another venue (plenty of places one can choose that are pretty, and low cost, and get EVERYTHING (that I mentioned in the list above) in writing and do not let anyone PUSH you into anything you don't agree with, that sounds abnormal (money refund stuff, booking early, ANYTHING at all that is not OK with you, you HAVE to work that out before hand and IN WRITING).

This place sounds hokey and wishy washy and I hope nobody else does business with them either. But you need to take action or they will get away with this again.

Even if that means going to small claims court.

Good luck and stand strong! And congrats on your wedding.

Answer 6

I have a feeling they will tell you that they didn't book it even if they did, so that $1200 will be lost.   I would look very closely at the contract and consult an attorney.    You have plenty of time to book for next summer.    And after this, I certainly wouldn't go with this place.

Answer 7

Threaten to take them to court over it, or if you have a lawyer, have your lawyer call them. That normally will set them straight. Hopefully you don't lose your entire deposit.

Answer 8

Unless you contract states that you can do all the things you mentioned (decorate, leave the head table up, cover the mirro) and now they are saying no, then no, you aren't going to get your money back.

When dealing with weddings and with life, always get it in writing.  Consider it a lesson learned and move on.

As for you $1200, if the contract states that they keep it if they can't fill your date, then again, you are stuck.  If the contract does not say that, then you legally are entitled to your money.

I don't want to sound insensitive, but this is your fault.  Even though your venue is being less than agreeable, you should never sign anything when you feel pressured.  Always review the contract and ensure that you are getting what you want and that you understand the terms.

Answer 9

Even when two parties make a "verbal agreement", this is in fact a contract and should be honored.  I would demand 100% of my money back based on breach of contract.  If they refuse, contact the better business bureau and file a complaint immediately asking for all money back.  This usually does the trick.  If they don't pay, then you can always threaten them and follow through with notifying your local news troubleshooter and have them broadcast on TV of their dishonesty and crooked practices.  If this does not work, file in small claims or take them to Judge Mathis.  Companies HATE negative broadcasting and usually come to an agreement without legal action taken.  Good Luck...and I'm sure you'll get your way here.

Answer 10

It all depends on what your contract says.

Answer 11

So all the stuff they told you that you could change was only verbal???  If so, you may be stuck not getting your money back.  If you have it in writing, that's another story, because that is a legal binding contract.  Read the fine print on your contract with this venue (I hope to God you had one).  If not, they can take all the money you gave them.

I mean, think about it.  A year from now (while all this time they have your $1200) they tell you they didn't book anyone else for your date, so they are keeping your money.  How can you prove it?  What if they keep your money and book the date?

If you didn't have a contract and you want to fight them, you could either get an attorney or possibly get the Better Business Bureau involved.  You can lodge a complaint against any business online - www.bbbonline.org - They will contact the vendor with your complaint and try to help you resolve it.

From now on, with the other vendors you hire, get it all in writing.  That means photographers, DJ's etc.  Ask a lot of questions like what happens if they are sick the day of your wedding?  Will someone else take their place?  What happens if your photos are damaged by them, will they have backup on a CD? Etc...

Good luck!