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i was due to get married last year, unfortunately the wedding had to be postponed due to a situation. We had already paid £1000 deposit. When we contacted the venue it was around a month and a half before the wedding date. They stated because we had cancelled after the 10 week period we have to pay the remainding amount of £2,500. We have sent on two letters to the manager of the venue stipulating the circumstances by which we had to cancel, the have now forwarded remainding amount to solicitors. Solicitors have sent two letters within 3 weeks asking for full amount.
You probably are legally obliged to pay. Suppose it depends on the cancellation term in your written terms of business.
7 years in retail customer service
Expertise in letting and rental law for 6 years
By trade - I'm an IT engineer working in the housing sector.
Please note that any posts made by myself are for information only and should not and must not be taken as correct or factual. If in doubt, consult with a solicitor or other person of equal legal standing.
the written terms stated we had to cancel within 10 weeks from the date of wedding, we contacted them 9-8 weeks before. so you are saying there is nothing more we can do?
They want us to pay now, we physically dont have the money, solicitors saying if we dont pay, they will start court proceedings.
Well, you are pretty much stuck with it. I cannot see there being an unfair term of contract there, it is not covered by any kind of consumer credit act or similar, so you are pretty much stuck IMO.
The one slight thing I can see is that the cancellation term COULD be taken to be an unfair penalty, as it is not what your breach of contract has actually financially cost them. But, to be honest, it probably is what it will cost them - I very much doubt they will now fill that day with another booking/wedding/etc.
7 years in retail customer service
Expertise in letting and rental law for 6 years
By trade - I'm an IT engineer working in the housing sector.
Please note that any posts made by myself are for information only and should not and must not be taken as correct or factual. If in doubt, consult with a solicitor or other person of equal legal standing.
The one slight thing I can see is that the cancellation term COULD be taken to be an unfair penalty, as it is not what your breach of contract has actually financially cost them. But, to be honest, it probably is what it will cost them - I very much doubt they will now fill that day with another booking/wedding/etc.
I have probably misinterpreted but I thought the penalty they could calim was actual losses caused by you canceling your contract not loss of potential profit
It would not be an unfair penalty anyway, as it is a "reasonable" assumption of what the losses would be. But you are right, and I am not 100% on that - anyone care to clarify? But bear in mind that would NOT be applicable in this case, as the cancellation term is NOT an unfair term.
7 years in retail customer service
Expertise in letting and rental law for 6 years
By trade - I'm an IT engineer working in the housing sector.
Please note that any posts made by myself are for information only and should not and must not be taken as correct or factual. If in doubt, consult with a solicitor or other person of equal legal standing.
You are in breach of contract and liable to pay damages to cover their losses, which would include loss of profit. You wouldn't have to pay for - for example - cost price for food that had not yet been bought etc.
They can mitigate their losses by selling the venue to another couple for their wedding, but I would imagine that is very unlikely at this short notice, so therefore you would be liable for their loss of profit and any other costs from your breach of the contract.
Sorry this isn't good news, but it would be wrong of me to give you false hope that you are not liable.
Please note I'm not insured in this capacity, so if you need to, do get official legal advice.
unfortunately the wedding had to be postponed due to a situation.
I'm getting married in 2 months so I very much feel for you. That must be awful.
You say it had to be postponed, can you not MOVE your date with them rather than cancelling? if you need to, keep pushing it back but surely the same penalty wouldn't apply if you just modified the date of the wedding?
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cancellation of wedding charges
had to be postponed due to a situation. We had already paid £1000 deposit. When we contacted the venue it was around a month and a half before the wedding date. They stated because we had cancelled after the 10 week period we have to pay the remainding amount of £2,500. We have sent on two letters to the manager of the venue stipulating the circumstances by which we had to cancel, the have now forwarded remainding amount to solicitors. Solicitors have sent two letters within 3 weeks asking for full amount.
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Originally Posted by MrShed
