Can I get a refund from a Non Refundable event if the Event coordinator cancels?

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Can I get a refund from a Non Refundable event if the Event coordinator cancels?

I’m a Independent Consultant and I book a event with someone. I had to sign a
Vendor Agreement. It state that ‘I understand my vendor fee is 100 non
refundable’. I took it by meaning if I cancel or don’t show it’s not refundable.
Well the Event Coordinator messaged me stating she was cancelling the event and
we will not be getting a refund. Is that possible that she can do that?

Asked on March 11, 2019 under Business Law, New Jersey

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 2 years ago | Contributor

No, she cannot: she is breaching her contract by not providing you what you paid for. The law does not let her choose to not provide the service while keeping your money; your assumption about the clause meant is correct--it protected her from having to refund the money if you cancelled, but it does not let her keep the money without providing you the service. To keep you money, she has to be ready, willing, and able to perform as contracted.
If she will not voluntarily refund the money, you could sue her for it, for breach of contract.


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