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Canceled Wedding, Help Needed!!

posted 2 years ago in Money
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    1.
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    Lucky13      

    A friend has decided to cancel her wedding scheduled for July 2010. She has made deposit payments to all her venders and unfortunately none will give her anything back. Does anyone know any laws that will make these venders return some of her deposits? The venders are all in New York City. Any help would be greatly appreciated.

     
    2.
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    Helper bee
    PeytonL79    12/6/2009   DC Area

    It completely depends on what their contracts say.  If it's a non-refundable deposit, then your friend is out of luck.  It's a bad situation, but it's entirely based on contracts.

     
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    sunshinebride    July 30, 2010   California

    I'm afraid they're out of the money.  That's generally the thing about deposits.  But obviously have her review her contracts very carefully to see if there is some sort of loophole.  good luck

     
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    sombra    September 10, 2011  

    Really depends on the contract. Another thing she could try to do is have someone take over her contracts. If she can find someone willing to take them

     
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    Mermaid1082    September 4, 2010   St Louis, MO

    if there are signed contracts, there is little to be done.  That's why vendors get deposits, unfortunately.

     
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    FutureMrsDuff    8/28/2009   Bloomington, MN

    It depends on her contract, but most vendors are going to keep the deposit. A lot of vendors will be willing to return the deposit if they're able to re-book that date, but that's at their discretion.  That's why they ask for one, to hold the date and to ensure that they do receive some kind of compensation.

     
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    Melissabegins    December 12, 2009  

    some places may let her postpone things but I guess if it's serious enough to cancel, she just has to suck up the costs and be happy she made the right decision.  Though if they let her keep the deposit there for a while, maybe she can use them for the next time around!

     
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    Soon2BeMrsCLW3    July 31, 2010  

    see if she can try and find another bride who would be interested in using (at least some) of her vendors that same day, and see if they can work with the vendor to be sure its fine...that way, she can transfer her day to the other bride, the other bride can pay her the deposit (back)....does that make sense?

     
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    Helper bee
    LittleSpitfire    9.25.10   nj

    Sorry to say that I went through this and didn't get any deposits back.  Most contracts are not drafted to allow for their return. 

     
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    crebre80    November 20, 2010   Baton Rouge, LA

    agree with the pp. although it is sad that your friend had to go through this, vendors may have turned down other bookings on that date and lost revenue.  most of the deposits that you pay are non-refundable.

     
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    caszos    June 2010   Florida

    You would think though that since the wedding is still SO far off, and in peak season, there is no reason they couldn't book the date.

    What if she suggested to them that if they can find someone willing to take that date she had reserved then she should get her money (deposit) back.

    I think there is a real estate renting law that deals with that here in FL.  I think if you want out of your apartment complex lease, they have to let you out if they can reasonably find a similar renter that is willing to rent the apartment. 

    THe point is, I don't think they are allowed to keep her deposit and still rent the venue out the same day.  (Double Dipping)

     
    12.
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    Lucky13      

    Thanks for everyone’s help, after doing a little research I found the following.  

    Rules of the City of New York -

    Title 6

    Department of Consumer Affairs

    --------------------------------------------------------------------------------

     §5-63  Catering Contracts.

        (a) Definition.

        Caterer. "Caterer" means any person or business engaged in serving food or beverages for private functions in New York City.

        (b) Cancellation. (1) If a consumer cancels a catering contract and the caterer can re-book the date, the caterer's cancellation fee may not exceed 5 percent of the total contract price or $100, whichever is less, plus actual expenses reasonably incurred.

        (2) If a consumer cancels a catering contract and the caterer cannot re-book the date, the caterer's cancellation fee may not exceed the difference between the total contract price and the cost of performance, plus actual expenses reasonably incurred. The caterer must be able to show diligent efforts to re-book and must fairly calculate the cost of performance.

        (3) It will be presumed that a caterer who receives notice of cancellation six months or more before the scheduled date of the function will be able to re-book.

        (4) Cancellation occurs:

        (i) when the consumer mails the caterer a notice of intent to cancel; or

        (ii) when the caterer has actual notice of the consumer's intent to cancel.

        (c) Refunds. As soon as reasonably practicable after cancellation (and never later than 30 days after re-booking) the caterer must return to the consumer any sum received which exceeds the permissible cancellation fee.

        (d) Contract forms. Contract forms must conspicuously disclose the caterer's cancellation fee.

        (e) Delegation of performance. A caterer may not delegate performance of any contract to another caterer without the consumer's consent. This consent may be obtained only after the caterer advises the consumer of its inability to perform under the contract.

     

    http://24.97.137.100/nyc/RCNY/Title6_5-63.asp?zoom_highlight=caterers

     
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    Honey bee
    smyley    May 2010  

    Well...we placed a non-refundable deposit on a beachfront/hotel wedding location,and when the wedding was cancelled,we were told they would hold the deposit in reserve for re-booking for up to a year. As it got closer to the year deadline,I again contacted the hotel to see if we could use the $$ for anything else (like a vacation). We were told we could,so we spent a week at the resort in lieu of the refund.

    It's possible that some of the vendors will work with her.

     
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    Buzzing bee
    honeybun    June 5, 2010   VA

    We had planned on doing a DW in Vegas at the Bellagio. We cancelled it like a year and a half ahead of time and they kept our deposit. And our wedding was going to be on a random Wednesday, so I'm sure people weren't clamoring for our day. And they said that we couldn't use the money for anything else there, like a vaca in the future or honeymoon. Lost $1,000. agh!!!!!

     

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