Refunds due to pandemic

Unfortunately if you are the one who decided not to have the wedding, theres not much you can do even with legal help. It wouldve had to be them cancelling or maybe even if the pandemic made it a total impossibility. My venue cancelled on me and wont even give me my money back

Did you have a contract with them? What does it say about refunds? Normally if you are the one who cancels, the deposit is non-refundable.

Do you have a contract with the limo company? Normally, deposits are non-refundable.

What does your contract say?

Contract says non refundable but can’t contracts be broken? I mean we are in a pandemic regardless of what the contract says. Things change

View Quoted Comment Contracts can only be broken by "acts of God" aka floods, hurricanes, etc. Unfortunately the pandemic doesn't fit into that category.

Non refundable deposits are put in place to protect the business if you decide to break the contract by canceling. If you mutually agree to cancel or they cancel on you then you should be able to negotiate your deposit back but if you cancel on them after they accommodated your new date then you don’t have a right to a refund unfortunately.

What does your contract say! Unfortunately vendors aren't required to return deposits from the pandemic.

View Quoted Comment Since it says non-refundable that means you won't get a refund. Contracts are designed to protect both parties, but since you cancelled on them they aren't required to give you your money back. It would be different if they cancelled on you.

As a lawyer, in response to your question above – contracts can in fact be broken, but only where the contract affords you such rights or you are otherwise entitled to pursue a remedy at law to break a contract (i.e. due to misrepresentation).

We are in a pandemic however unless your force majeure clause (the ‘acts of god’ clause) is broadly worded so as to account for COVID-esque circumstances, then the clause will be of no use to you.

As others have stated above, contracts are designed to protect both parties. From what you have said, there was nothing stopping you from using the service and you chose not to use the limos on your own volition. In this case, I don’t think you’ll be getting your money back unless the company themselves were unable to supply the goods and cancelled, or otherwise elects to refund you the money as a goodwill gesture. Sorry!

View Quoted Comment Thanks for you response. So how would 20 people be able to socially distance on a party bus? That’s the point I was trying to tell them. I don’t think they wouldn’t provided me the service because I couldn’t distance.

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It doesn’t really matter though unless the contract specifically said that they would accommodate 20 people with such measures in place. The fact that the bus can fit 20 people doesn’t mean that they aren’t providing the service if you elect to only have 1 or 10 people get on the bus. At the end of the day, in the absence of a clear clause to such effect, it is at your discretion how many people you had on the bus (subject to the maximum).

I.e. I postponed my wedding to next year. Our venue initially refused to postpone the booking (without a fee) because the current restrictions in place (limited guests and no dancing) would not actually stop us from having our wedding. In our circumstances, our venue ultimately acceded to our request to move the booking free of charge because of a prior representation they had made which we were otherwise able to rely on.

It’s not ideal for you but unfortunately I don’t think you’ll be able to get your money back unless you have rights to such under the contract.

My daughter got married in August and had a party bus with 20 people (in the most restrictive state-- CA). Unfortunately, businesses are suffering and will provide services irregardless (look at all of the back door alley nail/hair salons, gyms, etc.). I'm not saying it's responsible but companies are just trying to survive.

With most contracts, you’re likely still on the hook. Perhaps you could plead for a 50% refund? Or a 12-month postponement where you have up to a year to use the service (maybe treat your family or friends to a limo ride for an event? Bar or restaurant hopping, wine tasting, fancy night at the theater)?

Although legally they probably are “right,” it’s not good business for them to not refund your money because one unhappy customer could cause them to lose other clients. I had to last minute cancel a vendor. He didn’t have to refund the money but he said it was the right thing to do because “reviews are everything.” I would just let them know they’re not being good business people.

View Quoted Comment Can you recommend a lawyer in Los Angeles.

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I'm based in Australia so I can't recommend anyone. I do know a LA based lawyer but she is in criminal law which I hope you don't need!