"Non-refundable" deposit

[mcjohnson]

Hi,

 

I was hoping to get some advice on a dispute that I currently have with a local hotel.

 

My partner and I provisionally booked the venue for a wedding. The total cost of hire was £1500, and we were asked for a £500 deposit, which the wedding contract stated was non-refundable. We booked the venue because it it very popular, and we thought it would make a fantastic venue.

 

However, after some further research, we managed to get a much better deal elsewhere. Given that there was still over 15 months until the date, we hoped the hotel would refund our deposit on the grounds that they had significant opportunity to secure another booking and they hadn't done any proprietary work towards the event itself. However, they refused.

 

What would be the likelihood of success if I took the hotel to court, claiming that the £500 non-refundable deposit was an unfair term as the amount was disproportionate to their costs incurred; in much the same fashion as the argument against the banks?

 

£500 represents 33% of our contracted spend with the hotel, which they have retained with absolutely no justification.

 

Any advice would be much appreciated.

 

Many thanks,

MCJ.

[barracad]

Personally I think you would have zero chance of success. Deposits are not generally refundable, so the only chance you would have of success is if you were specifically told it would be refunded - you were in fact told the opposite, and it is irrelevant whether the deposit was 5%, 50% or even 100%.

[borisbeaver]

As barrad said. You knew up front that the deposit was non-refundable.

 

Hotels have to do this as it protects them from people who change their minds at the last minute leaving them open to a financial loss.

 

Rule of thumb, do your research thorougly before committing to a contract.

 

Have you actually cancelled the booking?

[gyzmo]

I believe that there is some stipulation that, if the room was rebooked, then the deposit would have to be refunded. Think this is along the lines of penalties and enrichment. Someone else might like to confirm (or not)