non refundable deposit on a wedding venue?!

[Svenaldo]

Hello

 

 

I was wondering if anybody had a similar experience having really bad wedding venue hosts.

 

 

The hosts of our initially selected venue were unbelievably unresponsive, unhelpful and did not communicate in an appropriate manner.

Their response time was totally unreasonable and in my opinion quite frankly unacceptable. We didn't have our wedding there in the end and are happy to have cancelled just in time.

The main problem now is, £2k Deposit Lost.

 

To share a few points briefly:

* It took them 3 months to confirm any kind of drinks prices.

* We waited 6 weeks for food prices. We expressed on many occasions how important it was for us to have a full costing from the hosts to enable us to send our invitations out.

* We never received a full written catering cost. Not even 3 months after signing the contract.

* After waiting 6 weeks for food prices the kids menu prices were forgotten

* We wrote an email cancelling our contract which wasn't acknowledged until 2 weeks later when they saw that I made a Facebook Page and Web Site to make other people aware.

 

https://www.facebook.com/pages/Newton-House-Weddings-Reviews/742778199077366

 

 

http://www.newtonhouseweddingsreview.co.uk/

 

 

We know of other couples going through a similar drama. Here are some quotes of them:

- Paid the deposit, it was agreed that we could bring in our own caterers, so we went ahead and booked and then they turned around and said they didn't agree that. We had a meeting with them to discuss the situation, which ended in them losing their temper and acting unprofessionally. Not an atmosphere we want for a wedding, but if we turn them down for their unprofessional behaviour, we'll lose our deposit.

- We have also been concerned about the time taken to get answers

- They have ruined everything, changed the goal posts, lied, and increased prices or threatened to not provide the food!!! We've had to pay another £400 this evening in fact!

 

 

Surely those guys can be stopped somehow! It's not about my money. We just want to stop those hosts destroying other people's wedding day!

Any help would be appreciated.

 

 

Thank you!

 

 

Sven

[rebel11]

Hi Sven

 

Welcome to CAG

 

You need to concentrate on getting your money back, the 'warnings to others can wait'. Have you got emails/letters regards the poor service that you've received from them?

 

What do they say in their Terms & Conditions regarding cancellations?

[Svenaldo]

Hello Rebel11

 

Thanks for your promts answer.

We have email history which shows how long they take answering but to chase I always called them. So I don't really have 'chaser emails'. The emails also show how vague their answers to us are and that you can't get a clear costing out of them.

 

Their Tc&Cs are only in their favour.

 

1. TERMS & CONDITIONS

1.1 All bookings of Newton House Wedding Venue are subject to the following terms and conditions and unless otherwise agreed by Newton House Wedding Venue in writing they override any terms stipulated by the person making the booking (“the Client”) and any previous agreement or understanding.

 

2. Deposits & Payments

2.1 The completed and signed booking form should be accompanied by a non-returnable deposit of £1500. The balance of the venue hire fee will be paid in instalments on or before the following dates: 11th April, 2014 - £1,000, 11th July, 2014 - £1000, 11th August, 2014 - £500.

2.2 All invoices are payable in full within 7 days by the Client.

7. Cancellation 7.1 If the Client wishes to cancel the booking the Client must notify Newton House Wedding Venue in writing and the cancellation takes effect only from the date such notification is received by Newton House Wedding Venue.

7.1.1 In the event of the booking being cancelled the deposit will be retained by Newton House Wedding Venue together with all advance payments made up to the date the event is cancelled and if the Event is cancelled less than 28 days before the event payment of the total amount payable for the Event will be required.

7.2 Newton House Wedding Venue may cancel the booking at any time by notice in writing to the Client if:

7.2.1 the Client is 14 days in arrears with any payment hereunder

7.2.2 the Client is in breach of any of the these terms and conditions

7.2.3 if the booking is cancelled in accordance with these provisions Newton House Wedding Venue may retain any deposit or other advance payments made by way of a cancellation charge.

7.3 Newton House Wedding Venue may cancel this Agreement at any time by notice to the Client if:

7.3.1 Newton House Wedding Venue believes that the Event will or is likely to be of an undesirable nature or and that may damage the reputation of Newton House Wedding Venue. If the booking is cancelled in accordance with these provisions the deposit will be retained by Newton House Wedding Venue

7.4 Newton House Wedding Venue or part of it is closed due to fire, flooding, repair, remedial decoration, dispute, and alteration or by order of a public authority or any reason beyond Newton House Wedding Venue’s control in which event it will refund to the Client any advance payment but will otherwise be under no liability to the Client.

8. Variation

8.1 No variation of this Agreement is binding on Newton House Wedding Venue unless in writing signed by both parties.

11.2 If due to circumstances beyond the control of Newton House Wedding Venue, it is necessary to make any changes in the arrangements relating to the Event, Newton House Wedding Venue shall notify the Client as soon as possible. Newton House Wedding Venue reserves the right to make such changes but will endeavour to keep them at a minimum. In the event that Newton House Wedding Venue makes a material change to the arrangements for the Event, the Client will have the right to terminate this agreement by written notice to Newton House Wedding Venue within five days of the Client being notified of the proposed change, in which event Newton House Wedding Venue will refund to the Client all advance payments made prior to termination but will otherwise be under no liability to the Client.

 

 

Some legal advisor from work wrote me this sentence before:

* Contract Clauses 2.1 and 7.1.1 (regarding retention of the deposit) of Newton House terms and conditions are unfair because they are one sided and in favor of Newton House only and the term was not individually negotiated (The Unfair Terms in Consumer Contracts Regulations 1999 Schedule 2 clause 1(d)).

[steampowered]

I think you could bring a small claim against them for breach of contract. You should write a letter before action first. You could say (1) there is an implied contract term that they would liaise with you in a reasonable time frame in order to arrange the wedding and (2) they are in breach of their obligation to provide their service with reasonable care and skill contrary to section 13 Supply of Goods and Services Act 1982.

 

There is a guide here http://www.consumeractiongroup.co.uk/forum/showthread.php?356814-The-Process-of-Litigation..-Court-Claims-Defences and here http://www.consumeractiongroup.co.uk/forum/showthread.php?343540-How-to-issue-a-claim-in-the-new-County-Court-Money-Claims-Centre.

 

The Unfair Terms in Consumer Contracts Regulations argument is possible, but the concept of a non-refundable deposit does not strike me as 'unfair'. They would say its fair because they need to stop people cancelling at the last moment.

[rebel11]

Hi sven

 

How did you pay?

 

Keep all communication in writing, don't speak to them over the phone.

 

http://www.which.co.uk/consumer-rights/regulation/supply-of-goods-and-services-act-1982

[Svenaldo]

I think you could bring a small claim against them for breach of contract. ...

There is a guide here

 

Hi steampowered

Thanks for your help and the guide! Much appreciated!

[Svenaldo]

How did you pay?

Keep all communication in writing, don't speak to them over the phone.

http://www.which.co.uk/consumer-rights/regulation/supply-of-goods-and-services-act-1982

 

 

Hi Rebel

Paid by bank transfer. Wish it would have been credit card.

Oh don't worry I wouldn't talk with him anymore anyway.

[king12345]

You paid £2000 without knowing the full price of drinks and food!?!?!?

What if they immediately responded with a £20 charge per pint and £300 per meal?

You would have gone somewhere else and lost the deposit anyway.

Sorry to be real, but you shouldn't have parted with any money before knowing the full cost of the wedding.