What are my rights regarding a deposit for a wedding reception that had to be cancelled?

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What are my rights regarding a deposit for a wedding reception that had to be cancelled?

I booked a wedding venue for a particular date. In the contract it says “$750 non-refundable deposit is due at the time your wedding is booked. It will be applied to your total balance due. The balance of your fee is due on or before your rehearsal date”. I had to cancel the original date due to loss of funds from unforeseen medical expenses. I understand I cannot get the money back but do they have any legal obligation to put the deposit towards another event (such a bridal shower) so I don’t completely loose out on the $750?She has since re-booked our original date booked.

Asked on January 23, 2012 under Business Law, California

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 10 years ago | Contributor

The vendor is under no obligation to provide a credit for a nonrefundable deposit, apply it towards another event, etc. when it (the vendor) was not the reason for the cancellation. If the wedding venue had cancelled, they would not entitled to keep the deposit, notwithstanding the language in the contract--they would have to refund it, or apply to another event at your direction. But since you were the one who cancelled, the venue is entitled to keep the deposit and not apply it to a future event, unfortunately.


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