If a $1500 deposit for my daughter’s wedding reception was paid but she then canceled, can I go to small claims if they won’t refund our money?

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If a $1500 deposit for my daughter’s wedding reception was paid but she then canceled, can I go to small claims if they won’t refund our money?

My daughter cancelled 7 months out. No contract was ever signed stating refund of deposit policy. Only in an email after the fact was a policy of 50% will be refunded if the date is filled. My daughter’s initial phone conversation at the time with the reception hall she was told they will see what they can do about a refund. But since I paid it and emailed to get it back I was given policy.

Asked on April 10, 2012 under Bankruptcy Law, New York

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 9 years ago | Contributor

The law does not require refunds to a party of a deposit if that party was the one which cancelled the service. Since your daughter cancelled the wedding reception, she and you would only be entitled to a refund if the reception hall had voluntarily adopted a policy of providing refunds and you fully complied with (and the situation called for under) the policy's  terms and requirements. From what you write, you would only seem to be entitled to a 50% refund if the date is subsequently filled, otherwise nothing. Had the reception hall canceled, the situation would be very different--in that event, you would likely be entitled to a full  refund.


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