Post # 1
Hi everyone –
I am having some trouble finding a precedent online, so I was wondering if any of you could offer any insight. My fiancee and I found out about a month ago (June 2013) that our wedding venue is going into foreclosure. We canceled our May 2014 booking shortly thereafter (as soon as we were able to secure a new, financially stable location), and the wedding refuses to refund any money that we’ve paid them. We understand that it states in the contract that all monies are non-refundable – which would be fine if we just decided we didn’t want to get married or something of that nature. However, our reasoning for cancelling with them is mainly due to the fact that there’s no way that we can guarantee that the venue will even be open at the time of our wedding. In that case, why are we held accountable because of the fact that the business cannot pay their bills to their creditors?
My real question is this – if they happen to rebook our date, are we entitled to get our money back? We’ve only paid a little bit over the required deposit, but cannot fathom how it could be legal for them to hold onto our money and essentially get paid twice for the same date. Has anyone gone through this in New York and are able to offer some insight? We’ve had it up to here with this venue, their rude and incompetant staff, and just want our money back and to forget they even exist. 🙂 Thanks!
Post # 3
Not if the deposit is non-refundable. Unless they are closed on your actual date- there is no reason they would be responsible to refund your money.
Post # 4
- Wedding: November 2013 - St. Augustine Beach, FL
@Preludeangel: Nope. If you wanted to do this you should have secured another bride to take over your contract before cancelling it because sometimes the venues will allow for you to get back at least some of the deposit when you assist them with finding a replacement booking.
Post # 5
@beachbride1216: That wasn’t even a consideration – we couldn’t, in good conscience, give another bride our date knowing that it’s possible the venue might not even be open. I don’t want to get screwed, but I don’t want to send anyone else in harms way either. It just seems unjust that vendors can do this to anyone (bride, customer, patron, no matter who they are). We were just unsure if there were any cases or instances in NYS that had set a precedent on how this is handled. I did a brief stint at a wedding venue years ago (also in NY), and I know we were responsible for refunding a bride her deposit if we booked her canceled date. Unfortunately, nobody that I worked with at the time is still at that facility, so I can’t even reach out for guidance.
Post # 6
@Preludeangel: Did you have a contract with them? What does it say about the deposit? I think it will probably vary by venue.
Post # 7
non-refundable means non-refundable. It sucks but you signed the contract.
Post # 8
Reach out to your local (state) elected official—either your Assemby person or Senator—someone in their legislative office should be able to help you out. They help people out with all kinds of problems including conflicts between constituents and businesses.
Post # 9
@Preludeangel: if the contract states non-refundable, it’s non-refundable.
if the venue closes its doors, you won’t be getting any money back anyways. just be thankful that you didn’t put more down before realizing the potential foreclosure.