Not Returning Deposit

[reidnet]

Hi,

Just wondering if anyone can advise on the following..

 

We paid a deposit of £100 (November 06) to a local Photographer for our planned wedding in July 2007, No receipt or aknowledgemnt has ever been recieved from him.

 

Due to unforeseen circumstances we have had to pospone the wedding. we wrote to the photographer advising him that we were cancelling the booking giving him well over 6 months Notice. He has on 2 occasions refused to refund the deposit and has stated that should he fill that date then he will return the deposit.

 

At the time of making the booking no mention was made that any deposit was non refundable, I asked for a copy of his Terms and Conditions of business..And he replied that he does not have any terms and conditions as his word is his Bond.

 

Any Ideas on what way to handle this one..

 

Thanks in Advance

 

Ian

[rosiecotton]

You've entered into a legally binding contract with the photographer, even if you don't have it in writing, and therefore you will be in breach of contract if you then cancel the agreement.

 

The photographer is entitled to withhold reasonable damages, which can include loss of profit. However, he has a responsibility to mitigate his losses, i.e. if he were to take another booking for that date he would be paid by the other couple so his losses resulting from your cancellation would be nothing (he cannot keep your money and take money from someone else for the same service on the same day).

 

So he is correct in saying that he has to wait and see if he can get work to fill that day before acting to refund you.

 

Sorry!

[bmw323i]

Did the photographer ever lead you to believe that the deposit would be refundable?

 

The main problem with oral contracts is proving exactly what was said and agreed.

 

Generally, it's one person's word against another's. However, if you can prove that you were given a false assurance and/or information on which you based your decision to enter into the contract, you may have an action for misrepresentation and/or breach of contract which would entitle you to damages.

[rosiecotton]

From what was said and from the photographer's actions, I have assumed that the photographer made no mention of the deposit being non-refundable or otherwise at all - in which case misrepresentation wouldn't come into it.

[reidnet]

Thanks for the replies,

Nothing at all was mentioned about the the deposit, if it was refundable or not. But I thought it strange that for a proffesional Business not to actually have any terms and conditions rather odd.

 

Will wait and see what happens if he fills date or not.

 

Mind you we used to recommend this guy too...Not any More. We are often at Wedding Exhibitions etc and if asked about Photographers we used to recommend Him.

 

Even with the part time entertainment Business we run ..we have Terms and Conditions on the back of all our confirmation letters, which clearly states about deposits etc.. Maybe we are too generous ..lol If a booking is cancelled within 28 days of the event we normally give a full refund of deposit. Think I will have to Modify our terms and conditions..lol

 

Ian

[Bookworm]

Going OT here, but your comment just made me think of my hotel booking for Venice next month: I can cancel upto 3 days before check-in and they'll give me a full refund. I was amazed and delighted, as I am so used to punitive charges for any changes (Easyjet springs to mind for the same trip ).

 

I have no intention of cancelling, of ocurse, but sh*t happens, as we all know, and it is a great relief, having booked in September to ensure availability and lower prices, that should something happen, we wouldn't lose a big chunk of our scarce money.

 

As a result, I'll be recommending this hotel big time. So, from a customer's point of view, I can tell you that your T&Cs will look a lot more friendly and potentially could bring you more business than you stand to lose by implementing harsher conditions.

 

Just my 2 p from my perspective. ;-)

[reidnet]

I agree Bookie,

Maybe I am just getting soft in my old age..lol, But my policy has always been and probably always will be to treat clients fairly and treat them as I would like to be treated...

 

Not that we have had many cancellations, but when we do get one we always look at the circumstances etc..

 

No hope of me getting a Job in a bank then..lol