Zara
Curious May 2021 Ontario

Deposit refund troubles??

Zara, on April 24, 2021 at 21:59 Posted in Plan a wedding 0 8
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Hi everyone,

I am having trouble with my hall for my May wedding. We initially signed the contract in 2019 for October 2020 and postponed it to May. The hall is refusing to give the refund and says will provide a credit for future use. There is no force majeure clause in the contract. It also says deposits are non-refundable for any reason. It simply says the hall has the right to cancel in the event of emergency but nothing else regarding deposits in the case of emergency.

Doesn't the contract become frustrated in this case therefore they have to return the deposit? How are you dealing with the venues that don't return the deposit?

8 Comments

Latest activity by Amanda, on May 10, 2021 at 22:33
  • Amanda
    Featured August 2022 British Columbia
    Amanda ·
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    View quoted message

    Yes it did

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  • Teri
    Curious July 2021 Alberta
    Teri ·
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    Did it state in your contract deposts are non refundable for the Venue?
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  • Vinod
    Featured August 2017 Ontario
    Vinod ·
    • Dispute
    The venue seems to put claus not stated on the contract if not written. You can read over the fine print and see if it is true what they are saying about the deposit refund. In this case of the credit, meet in the middle by postponing the date for an Anniversary or Reception for next year as you would still elope this year. Covid seems to have a lot of stipulations upon contracts lately and not looking for couples as I feel bad for you along with others going through all this process.
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  • Hank
    Featured September 2021 Ontario
    Hank ·
    • Dispute

    Depending on your deposit size, you may or may not want to use a lawyer (small claims court is mostly done via self-representation due to the small amount at hand). But there is legal precedence in Canada based on case law for what constitutes a frustrated contract in the wedding industry during the pandemic. You should look those up.

    For example, a couple who cancels the event because they don't like the restrictions imposed on them will not get their refund back. The Stay at Home order currently ends May 20 so theoretically you CAN have a wedding of some kind on your date (unless the government makes an announcement ahead of time). So if your venue is willing to wait and see what happens on May 23 and you're not, you won't be entitled to your refund.

    But if vendor doesn't want to continue with a contracted date that they're legally able to, they cannot force the client to a new date. So let's say your area reopens to a Red Zone and you're okay with a 10 person reception but they don't want to do it since it's not in their business interest. They have to refund you. Essentially, a vendor cannot unilaterally change the conditions of the event for their own purposes.

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  • Geneviève
    VIP September 2020 Ontario
    Geneviève ·
    • Dispute
    You’ll want to ask a contract lawyer/paralegal for advice on this. Covid has frustrated a lot of contracts so that may be the case for you, but a legal professional will know best.
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  • Amanda
    Featured August 2022 British Columbia
    Amanda ·
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    I feel bad for them as well. My fiance and I just postponed our entire wedding for a second time this past week. I hope everything works out for you this year to have your ceremony at least Smiley smile

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  • Zara
    Curious May 2021 Ontario
    Zara ·
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    I felt really bad for the venue as well as they seemed to be in a bad situation. We decided to postpone to next year spring and just do our civil ceremony in our backyard for this year.

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  • Amanda
    Featured August 2022 British Columbia
    Amanda ·
    • Dispute

    My fiance and I aren't allowed to get a refund for any of our deposits. We could only switch to a new date. That's what a deposit is for so companies don't go bankrup.t If we decided to cancel completely we'd lose all of the money we've put down. It's already over 10,000 we've invested into our wedding and I'd hate to lose all of that.

    The only thing you might have to do is get a credit and maybe push your wedding to another date if you don't want to lose that money.

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