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K
Beginner June 2018

Venue-Non Refundable Deposit HELP!

KG, on September 2, 2017 at 12:33 AM Posted in Wedding Attire 0 40

Hi All!

I am hoping for some advice; Our dream venue was booked so this past July we booked our runner up. We were sent the contract and had 30 days to review, sign, and pay the deposit. We did that a day or so after receiving it. The wedding date was November 17th, 2018, the deposit $1,800 (47% of the venue rental fee).

Well go figure our dream venue calls us two weeks later with a cancellation. It was an opportunity that we could not pass up so we cancelled our contract with the other venue. Here is where I need help:

The contract stated that the deposit is "non-refundable" and I fully get why a venue would have this in their contract to protect them from loosing their potential profit, however, we signed the contract and paid before the due date plus we only had the date secured for two weeks. Not to mention the wedding date was a year and a half away and I believe the venue has already been able to rebook.

Has anyone else fought this battle and won?

40 Comments

Latest activity by Benjamin, on October 12, 2023 at 11:39 AM
  • StPaulGal
    Master July 2017
    StPaulGal ·
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    I'm sorry to say it but you really don't have a lefty stand in here. You signed and you paid and they are entitled to the money. It's remotely possible that they would give you a refund out if the kindness of their hearts, but that's not how business works.

    • Reply
  • FutureMrs.L
    Master September 2018
    FutureMrs.L ·
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    I'm sorry, but I highly doubt you'll get the deposit back.

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  • JJAF
    Super October 2019
    JJAF ·
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    I doubt you'll be able to get your refund based on what the contract says.

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  • Nicole
    VIP November 2017
    Nicole ·
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    You signed a contract and backed out of it. It doesn't matter that it was only 2 weeks after signing or that you signed it before the venue required the contract. If the contract says that the deposit is nonrefundable, you probably won't get that money back.

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  • Jennifer
    Expert March 2018
    Jennifer ·
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    It stinks but you signed a contract acknowledging that 1) you would pay the deposit and 2) that the deposit would be non-refundable.

    You can always ask... but when/if they tell you no, that's basically the end of it.

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  • Rachel DellaPorte
    Rachel DellaPorte ·
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    I'm sorry, you gambled, you lost. Non-refundable means non-refundable. On what legal ground would you stand to demand your deposit back? Nobody put you under any duress to sign that contract. You did it of your own free will -- knowing that your deposit was gone the moment you signed and handed them a check. You signed because together, that was where you wanted to be married. It doesn't matter if you signed the contract and handed them a deposit before the cut-off date -- not at all. What matters is that you signed the contract and handed them a deposit. You may think they should be able to rebook your date, but there's nothing, I suspect, in the contract that allows you that level of protection. You have no idea -- you really don't -- how many couples contacted them in the space of two weeks and wanted a November 17 wedding. Now, that date is open, they'll probably book it, but you don't get rewarded for that.

    It's a hell of a lot of money to lose, and frankly, with nearly $2K at stake, I would have stayed with the original venue. You didn't, and because you didn't, you're out almost $2K. Be more careful with your other vendors. Our contracts are serious and iron clad, and unless a wedding is cancelled or recalibrated because of a serious issue -- not "our dream vendor became available" -- you, my dear, are on the hook. Even a parent in the ICU would give us pause, but a preference? No way. Why? Because we've turned down work in your behalf, and that has a price tag.

    In any event, focus on your good fortune. You have your dream venue. In five years, that $1,800 won't mean a thing, but your wedding memories? They'll be priceless.

    • Reply
  • Madelayna
    VIP September 2017
    Madelayna ·
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    Sorry you're on the losing side of this battle. However look on the bright side! You got your dream venue! When you and FH discussed switching venues you should've discussed how your dream venue would now cost $1800 more than before and planned accordingly. It's not the venues fault you changed your mind.

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  • Danielle
    Devoted June 2018
    Danielle ·
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    I highly doubt you'll get it back. Doesn't hurt to ask but I feel like it's not worth an actual battle to fight. You signed a contract.

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  • Mrs. Coakley
    Master June 2017
    Mrs. Coakley ·
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    Nope, you already paid the deposit which the contract says it's non refundable. You should have waited to sign if you really were iffy about it. Sounds like you lost that money.

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  • Red2018
    VIP August 2018
    Red2018 ·
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    I'd say no. But reread your contract. Our deposit was only half refundable and we would get the other half if they were able to book an event of equal or greater value on the same day. Maybe you have that clause. If not, you're SOL

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  • K
    Beginner June 2018
    KG ·
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    Thanks all!

    Rachel,

    To answer your question it is on the merit of Consumer Affair Law and what is a "reasonable" amount for liquidated damages (non refundable deposits). It is not that I feel the venue should suffer for my change of plans but in the eyes of the law these clauses in contracts have to be a reasonable value. That is the stance on this not that I changed my mind so it should be the venue's fault.

    If this were $500 I would cut my losses because it is reasonable, it's the amount that I am more wondering the legalities of.

    With your response you seem like you might be a vendor, would you mind if I asked if you sought legal advice with the information you have? I am really trying to determine if it's worth even trying. I've found a lot of these cases that brides have won but am really trying to determine how much more of a headache I'll be causing myself.

    I really appreciate everyone's opinions and help!!

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  • ambrok
    Master October 2017
    ambrok ·
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    Based on the signed contract....no; but perhaps you could ask for a refund of the deposit if the venue is able to rebook for the date you cancelled. If they did this, it's out of kindness as they are not legally bound to.

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  • K
    Beginner June 2018
    KG ·
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    Side note-I waited 6 months before signing a venue contract and went into this one confidently, I even had other vendors booked and we were on the path of "this is our venue." It's just my luck the other place would call right after lol but I know that's not the other venues problem.

    Thanks again everyone!

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  • Amanda
    Super October 2017
    Amanda ·
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    I cancelled a venue 200 days out and was out of luck. I even asked if they had a contingency where if they were able to rebook I would get more of my deposit back. I was told "no" but it never hurts to ask!

    ETA: my cancelled venue did offer to let me use my deposit toward another event (bridal shower, rehearsal dinner, etc.) so you could try that as well!

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  • Alana
    VIP March 2018
    Alana ·
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    Non refundable is non refundable. No matter what the reason. I understand what the reason was that you guys chose anothee venue but when the dream venue called you should have told them damn sorry we already booked another venue. Or asked them if we book with you guys are you prepared to reimburse us the 1800 we will lose? Which I'm surw they will decline

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  • J. Clo
    Master May 2018
    J. Clo ·
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    It never hurts to ask but there is no guarantee. I'd recommend starting with the Consumer Affair law of your state. (1) Retain counsel or (2) determine if this would be eligible for Small Claims Court and start the case yourself. Finally, if this is a normal contract clause for wedding venues in the area then your recourse options are much smaller. Best of luck and congrats on getting the venue of your dreams.

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  • K
    Beginner June 2018
    KG ·
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    Thanks guys! I have reached out to the venue already and tried to see if we could get anywhere and have been talking on and off with them for the past month or so. I don't think I'll have another type of event here either; I saw on a recent Yelp post about this place that I guess other couples are having some concerns with this venue and their conduct. Maybe I dogged a bullet on this one all together.

    Guess things have a funny way of working out. If only that Yelp review had been there a few months ago though lol

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  • Celia Milton
    Celia Milton ·
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    This is precisely why vendors have contracts; although it doesn't feel like it now, they're designed to protect both parties. I don't think you really have an argument in favor of getting your money back.

    I would have stuck with it honestly...I'm frugal that way. No one knows about the venues you couldn't book, and I've seen some fabulous parties in some pretty average places.

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  • Z
    Devoted April 2018
    Zaira ·
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    Maybe you could use the $1800 deposit towards a different future event there (baby shower, anniversary party, etc) try that and at least you won't be out $1800

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  • FutureMrs.L
    Master September 2018
    FutureMrs.L ·
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    I couldn't imagine retaining a lawyer for something like this. That to me, is a waste of time and energy, not to mention money.

    You signed the contract, you really have zero grounds for getting a refund. I'm curious as to your deposit though. Ours is about half yours....

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