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Wedding deposit

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    #32
    3DataModem
    Registered Users Posts: 3,951 ✭✭✭3DataModem


    The "we'll check about deposit" and sending registered letter nonsense is a dirty trick... that ensures they can keep your deposit AND resell the date, which is not fair at all.

    I would write back stating that as the terms of the cancellation hasn't been agreed that the date was still reserved for you.

    Then turn up in person and negotiate. You may not have a leg to stand on as you cancelled in writing already.


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    #33
    Jack Kyle
    Banned (with Prison Access) Posts: 442 ✭✭Jack Kyle


    P. Breathnach wrote: »
    Your dedication to telling OP to suck up a loss of €1500 is impressive.

    It is worth asking if "what it says on the tin" (which, seemingly, was not even communicated in writing to OP) is an unfair term.

    The OP signed a booking form which said that the deposit is non refundable.


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    #34
    P. Breathnach
    Registered Users Posts: 12,089 ✭✭✭✭P. Breathnach


    Jack Kyle wrote: »
    The OP signed a booking form which said that the deposit is non refundable.
    It might still be unfair, and give rise to a remedy under the European Communities (Unfair Terms in Consumer Contracts) Regulations, 1995.


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    #35
    Jack Kyle
    Banned (with Prison Access) Posts: 442 ✭✭Jack Kyle


    P. Breathnach wrote: »
    It might still be unfair, and give rise to a remedy under the European Communities (Unfair Terms in Consumer Contracts) Regulations, 1995.

    How so?

    If that were the case, all non refundable deposits would fall foul of the regulations.


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    #36
    P. Breathnach
    Registered Users Posts: 12,089 ✭✭✭✭P. Breathnach


    Jack Kyle wrote: »
    How so?

    If that were the case, all non refundable deposits would fall foul of the regulations.
    Not necessarily. But some might.


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    #37
    Fey!
    Registered Users Posts: 4,184 ✭✭✭Fey!


    @OP; considering that you didn't get a copy of the original contract, was it clearly stated that the deposit was non refundable when you paid it?

    It is my understanding that in a situation where you make a booking with a hotel and have to cancel, if they can sell that room then the general rule of thumb is that you'll get any deposit refunded (when dealing with hotel rooms, not necessarily functions).


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    #38
    mossy2
    Closed Accounts Posts: 42 ✭mossy2


    Jack Kyle wrote: »
    do the decent thing and move on.

    Decency is a 2 way street. One party behaving "decently" while the other party behaves in what, from what we've heard, is a very shabby manner is not reasonable. Responding to a query from the OP with a cancellation of the booking and a registered letter informing them that they were keeping the deposit strikes me as very unfair.

    I would suggest the small claims court. If it is shown that the hotel hasn't lost out materially you may get something back. They never gave you a copy of the contract - are they legally obliged to? What have you got to lose? You certainly have been treated unfairly in my view. Also, going to SMC will put their name out in the public domain on this issue. If they are happy that their behavior is above reproach this won't be an issue for them.


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    #39
    RubyGirl
    Registered Users Posts: 1,275 ✭✭✭RubyGirl


    Small claims court aswell, bit unfair on the hotel when you are giving them such notice.


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    #40
    TheDriver
    Registered Users Posts: 12,402 ✭✭✭✭TheDriver


    just be careful, you have no contract to look over so that should be number one. I would advise against SCC etc until you know exactly where you stand because as one poster said, you might suddenly get a solicitors letter that you owe them for the whole wedding etc (I know, a bit extreme) but make sure you have your bases covered before embarking on action


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    #41
    Shelflife
    Registered Users Posts: 3,073 ✭✭✭Shelflife


    It sounds like poor form from the hotel. Ive no problem with the deposit being non refundable, but given that the op gave them plenty of notice and if they resold the date then they should give some if not all of the deposit back.

    the deposit is there to protect the hotel, its not a money making win on the double device. getting the op to confirm the cancelation in writing and then sending the reg letter was very underhand imo.

    I would arrange a meeting with the hotel and talk to them and get a copy of the contract that you entered into and see will they try to be reasonable.


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    #42
    sandin
    Closed Accounts Posts: 1,594 ✭✭✭sandin


    IMO, it really is down to the venue's goodwill.

    Weddings at some venues are booked 2-3 years in advance - a small part of my business has to do with weddings and 2015 has come up on about 20% of orders already, so a non refundable deposit 12 months plus would not be seen as unreasonable.

    Best way to approach this is to write POLITELY back (ignore the fools who say run up a bill and run away) and ask if they could look at the situation again considering the long advance notice and then also suggest that you would be happy that the refund be made upon another booking being taken for that date.


    Assuming a wedding is going ahead at a future date and also for others out there - take out wedding cancellation insurance. Its quite cheap and covers everything from cancellations like this and places and service providers closing down / letting you down. ( a quick google shows insurance from about €50!!!)


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    #43
    Homeless11
    Registered Users Posts: 24 ✭Homeless11


    Thanks for all your replies, needless to say I don't think anyone could just take it on the chin and walk away as many have suggested. I ll keep looking into and see what happens, have requested a copy of the contract to start with, will see how it goes


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    #44
    rubadub
    Registered Users Posts: 32,373 ✭✭✭✭rubadub


    Jack Kyle wrote: »
    Forget about it and don't embarrass yourself.
    Whats all this "embarassing" nonsense.

    I would be far more embarrassed to be the person in the hotel who has to tell somebody to their face that they are getting absolutely nothing back.

    I would also be far more embarrassed to tell my friends I did absolutely nothing to attempt to get it back, I would look like a complete idiot to not even question it, -especially when in many other threads and instances I heard offline I do see businesses not sticking to their written rules, many highly value goodwill, and rightly so.

    There is lots of notice so should get another booking, and could at least offer vouchers for their hotel to the value of the deposit.


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    #45
    mossy2
    Closed Accounts Posts: 42 ✭mossy2


    Homeless11 wrote: »
    Thanks for all your replies, needless to say I don't think anyone could just take it on the chin and walk away as many have suggested. I ll keep looking into and see what happens, have requested a copy of the contract to start with, will see how it goes

    Make sure that they give you a copy of the actual contract that you signed. Otherwise it would not, in my view, have any legal standing. There's nothing to stop them drafting a brand new contract when they see trouble looming. Their previous behavior has been pretty underhanded so you can't assume that they will act in good faith.

    On another point completely - do the contents of the registered letter represent the considered view of the hotel? There is a possibility that it was drafted by an over-ambitious under-manager. I would agree with the earlier poster who suggests that you make another approach to the hotel but that this time you make sure that you are communicating with the person who has the final say. It may be a misunderstanding insofar as your original query was dealt with by an individual who acted beyond their authority (and competence). Perhaps the owner/general manager could clear the matter up amicably? If this turns out to be a naive approach then look into small claims court where the Judge will decide whether you've been treated fairly or not.


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    #46
    JimsAlterEgo
    Registered Users Posts: 1,917 ✭✭✭JimsAlterEgo


    mossy2 wrote: »
    Make sure that they give you a copy of the actual contract that you signed. Otherwise it would not, in my view, have any legal standing. There's nothing to stop them drafting a brand new contract when they see trouble looming. Their previous behavior has been pretty underhanded so you can't assume that they will act in good faith.

    On another point completely - do the contents of the registered letter represent the considered view of the hotel? There is a possibility that it was drafted by an over-ambitious under-manager. I would agree with the earlier poster who suggests that you make another approach to the hotel but that this time you make sure that you are communicating with the person who has the final say. It may be a misunderstanding insofar as your original query was dealt with by an individual who acted beyond their authority (and competence). Perhaps the owner/general manager could clear the matter up amicably? If this turns out to be a naive approach then look into small claims court where the Judge (yes, a judge - http://www.citizensinformation.ie/en/justice/courts_system/small_claims_court.html ) will decide whether you've been treated fairly or not.

    I would second that, just because something is in a contract doesnt necessarily make it fair and binding. Losing a full deposit given the timeframe could be in that realm, especailly if they can sell the day again. You could get lucky and get a sympathetic judge, they are human and you never know something like that could have happened a family member.


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    #47
    runawaybishop
    Registered Users Posts: 9,500 ✭✭✭runawaybishop


    Homeless11 wrote: »
    Thanks for all your replies, needless to say I don't think anyone could just take it on the chin and walk away as many have suggested. I ll keep looking into and see what happens, have requested a copy of the contract to start with, will see how it goes

    Any update on this?


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