Skip to main content

Post content has been hidden

To unblock this content, please click here

Gaelle
Newbie September 2021 Ontario

Non-refundable deposit but the hairdresser moved!

Gaelle, on June 23, 2021 at 14:25 Posted in Ontario 0 4

Hi Everyone,

I have an odd situation. I booked this hairdresser in ON ( I am in BC) back in early 2020 for my 2020 wedding for service for 3 people at the venue. I paid the 50% deposit then. We had to postponed and I told her the new date but i also mentioned that the number of person for service might change to 2 so I could also meet her at her salon instead. She agreed and we signed a new contract with the new date. Early 2021 I contacted her to let her know with covid restrictions it would be only me for services so I will be happy to meet her at her salon. I did not get any response from her. I sent her another email yesterday and she answered saying she did not see the previous email and that she is not mobile for under 4 people and that she moved so she can't do it anymore! LOL. I answered saying that obviously I can't meet her out of town and that i did not know she closed her salon ( she never informed me) so that she should refund me the deposit. It does say in he contract : A non-refundable deposit of 50% of the total contract amount is required to secure your event booking. However the fact that she moved should be a reason for refund or maybe the fact that on the contract it still says service for 3 people she can argue that she was going to come to the venue? I just don't want to have to pay a paralegal and open a small court complaint if there is no chance to get my deposit back. What do you think? Also now 2 months before the wedding i have no make up and hair dresser. Yeah!

4 Comments

Latest activity by Hank, on June 25, 2021 at 04:49
  • Hank
    Featured September 2021 Ontario
    Hank ·
    • Dispute
    • Hide content
    View quoted message

    If you want her to do her make up for you, she's still obligated to. You'll have to pay for three people though even if only you end up using the service because presumably she's willing and able to perform her services for three but you choose to downsize.

    If she doesn't want to travel to you to work your makeup despite you paying for three people, then she has to forfeit the deposit. She was contractually obligated to work based on payment for three people so if she refuses for whatever reason (ie she doesn't want to travel anymore due to her new location, she found a bigger client, just plain don't want to etc), she can't just arbitrarily keep your money while being the one to sever her contractual obligations.

    She also cannot tack on any additional travel fees for coming to you due to her new farther location because her moving is not your problem.

    • Reply
  • Gaelle
    Newbie September 2021 Ontario
    Gaelle ·
    • Dispute
    • Hide content

    Thank you for your replies. The issue is on my contract it says she will be mobile for 3 persons. So she said she moved out of the city and won't be coming for less than 3 persons. But by emails in the past year i mentioned the possibility of only myself and one person coming to her salon. Now it is only myself so if I find 2 extra persons then she would still have to come as per the signed contract but unfortunately for me the fact that there is only emails exchange against signed contract I won't be able to get my deposit back ( which was $240). By contract she might be ok not to come for less than 3 persons but her lack of professionalism and empathy is appalling to me. I guess i have to let it go and keep my energy trying to find hair and make up for in 2 months in a small town!

    • Reply
  • Hank
    Featured September 2021 Ontario
    Hank ·
    • Dispute
    • Hide content

    What does she say when you tell her you can't attend her salon due to the move?

    Did she move out of the province or just to a different city?

    Without knowing the full details of your contract, it's hard to say what can happen. For example, was she initially willing to perform mobile service with three people? If so, her moving should not affected previously booked clients. You might have to pay for all three clients even if you're the only one using the service because you downsized. But if she chooses to give up the job because of the move, she has to give you back the deposit. She can't just say "sorry, I don't want to work for you anymore but I'm keeping your money."

    I would wait and see what her response is. But if you have to take it to court, I don't think you need hire a paralegal. Just go represent yourself. Your deposit is what, maybe $500 max? Yeah, you waste a day in court but that's not worth hiring someone over. Just go over your contracts and email communication to present to the judge and make sure your case is solid.

    • Reply
  • Tunisha
    Super October 2021 Ontario
    Tunisha ·
    • Dispute
    • Hide content
    Hello Gaelle,
    I’m so sorry that you’re going through this. This is very sad and frustrating to go through. She should have definitely told you that her salon was closed and refund you for your money since that’s out of your control. I’ll keep an eye out to see what other options you have and follow up.
    • Reply

You voted for . Add a comment 👇

×

Groups

WeddingWire Article Topics