Can I get my money back if I cancel an affair at a catering hall over a year in advance and the room has been re-booked?

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Can I get my money back if I cancel an affair at a catering hall over a year in advance and the room has been re-booked?

I scheduled an affair over 10 months ago but had to cancel the affair a month later. I put an initial deposit down and made 1 payment before cancelling. The owner of the establishment will not give me my money back and said that he would give me credit towards an event. He has provided no service to me at all and I gave over 12 months cancellation of the event. He has my $2,700 and I want it back. Can he withhold it from me?

Asked on July 29, 2011 New York

Answers:

FreeAdvice Contributing Attorney / FreeAdvice Contributing Attorney

Answered 10 years ago | Contributor

Read the written contract (assuming you have one) between you and the catering hall. Its terms will set forth the obligations that you and the catering hall owe each other for the event you booked. Hopefully there is a provision abaout refunds and cancellation policies. If there is one, read it carefully.

However, if the room has been booked by the catering hall after you cancelled your reserved date for the same date you had, there is no reason why the catering hall should refuse to return your deposit of $2,700.00.

Yiu gave a 12 month notice of cancellation. A replacement was booked presumably at the same cost that you were to pay. You should be able to get your money back. Write a letter asking for the money to be paid by a certain date. If not paid, perhaps filing an action against the catering hall in small claims court is an option?

Good luck.

 


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