What can I do if my son and his fiance had to cancel their wedding reception venue and the owner of the venue has refused to refund my $500 deposit?

00). There is no signed contract to lease this room for the reception only a “Company Policy” stating no refunds if you cancel. Neither my son, his fiance nor I ever agreed to this term. In addition, no where on the invoice is it written that providing a deposit constitutes acceptance of this policy. The proprietor was given more that 60 days notice of the need to cancel and has provided no service other than to meet with this couple and prepare an invoice. Given the ample time frame which will allow her to schedule another event, and no written contract, I believe a full refund is in order.

Asked on November 9, 2014 under Business Law, Florida

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 6 years ago | Contributor

Unfortunately, you have backwards: the norm or default under the law is that a deposit is not refundable when the customer cancels unless the businesses policy is specifically to allow refunds in those circumstances. A deposit is intended to secure performance; it is paid to get the business to reserve a date (or goods or services, etc.); if the business did so in good faith and the customer then canceled, the business may keep the deposit.


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