Post # 1
Long story short: I hired a live event artist to paint at our wedding and paid at $500 deposit to book him. I signed the contract, and this was the only line about their cancellation process: “”The payment is not refundable for any reason if the event is cancelled within 60 days of the said date.” No where in the contract does it say “deposit is non-refundable” etc. We ran into a bit of a financial issue, and we decided to cancel the artist (as it was a “splurge” anyway – totally not an essential). At the time this is going down, we are 100 days away from the wedding. I emailed the artist to cancel (I was VERY apologetic and nice), and he bargained with me that since he “turned down 2 clients for that date” he will give me $250 and he will keep the other $250 since I inconvenienced his business.
Eh, whatever. I took the $250 and pretty much called it a wash. Fiance thinks that the other $250 is rightfully ours (which, technically it is), but I’m not big on making a fuss/confrontation.
So, how should I handle this? The vendor has been VERY cold and made me feel like an idiot for coming across financial hardship 100 days prior to my wedding. Never once did I put up a fight. So, am I handling this correctly or am I being a major push-over? Thoughts? Suggestions? Lawyers? lol
Post # 3
@ItaliaBride: *technically* it looks as though you should have gotten a full refund. But considering what you’d pay in attorney fees if you pushed the issue, I’d just let it go and put this in the past. Not worth it!
Post # 4
Perhaps I am wrong here, but I thought the definition of a “deposit” was just the non-refundable upfront cost you pay a vendor for keeping your date. In other words, they turn away other customers for the date you paid a deposit on, and that is their way of at least recouping some of the losses encured when a client bails out and they already turned other people away for that date.
I think technically he was just being nice by giving you anything back at all. Could be wrong though..
Post # 5
To me, it’s very unlikely he’ll never get another job on that date! 100 days away, he can and will get another customer! So he is not losing out… If it was cancelled maybe a week before, I would understand. You should have gotten the whole $500!
Post # 6
Sorry but the whole point of a deposit is that you pay to secure the date – you’re guaranteed that person’s services on the day and they’ll turn down any other work they’re offered.
I think it’s unfair when people are forced to pay a chunk of the vendor fee after cancelling, but the deposit? Really?
I’m sorry you’re in financial hardship but you don’t have any right to ask for that money back.
Post # 7
@Moomin: But Moomin, that’s 3 and half months away… I am sure he can get another client in that length of time. I think it’s sad a person makes or “earns” $250 for doing absolutely no work at all. He will get a job in September, there is no doubt about that. BUT like I said, if it was only one week notice, then I can see him keeping the money, because that’s not enough time to generate another client.
Post # 8
He didn’t earn $250 for doing nothing. For starters, some of that money will go to the tax man (no idea what you call it over there). Depending on how the financial year works over there, he may even have paid tax on it already.
This isn’t some big corporation, it’s an individual whose services were secured by someone who unfortunately changed their mind. He may get another job for that day, he may not – it’s going to take more time and effort to generate that client and time is money when you work for yourself.
I don’t think it’s reasonable to expect the deposit back. Sorry.
Post # 9
@Moomin: Yeah, I never thought that he may have already paid tax on it or his financial year may have ended… I guess there’s a lot more to it when you work independently instead of a company … and I guess clients just don’t fall in your lap either (what was I thinking?) Thanks for putting me in my place Moomin.
Post # 10
I tihnk you were lucky to get the $250 back, and should leave it at that. He turned down clients for that day, and this is his business, so he’s out money. The $250 for his inconvenience seems fair to me. I always assume all deposits are non-refundable unless I am specifically told otherwise.
Post # 11
The only way i can see you getting he rest back is if he takes another booking for that date and makes an exception. but i do agree, the whole point of a deposit is incase you need to cancel if help them recover some of their costs.
Post # 12
I think you were lucky to get $250 back if I’m honest!
You pay the deposit at your own risk so you are able to guarantee their services. Otherwise, where is the financial secruity for them to put one client over another, if they can bail and ask for a full refund?
Post # 13
that stinks! I think you should have gotten the entire $500 back, at the time of the negotiation is when you should have pulled out the contract and said “well according to your contract which we signed I gett the deposit back since its more then 60 days notice.” Now that you both have come to an aggrement and negotiated how you did i think it will be very hard to get the other 1/2 back.
Its too late, should have been done when you cancled… Move forward with your wedding and dont stress
Post # 14
I agree with Future Mrs K. By taking the $250, you legally agreed to the deal. Never take/cash any money if you don’t think you’re getting a fair amount, in court, they’ll see your acceptance of the payment as an agreement. (My parents went through this with their bed & breakfast, a company had people staying there and the company decided they didn’t like the bill so only paid about 2/3. My parents had to take them to court and their lawyer was very adament about “do NOT cash the check, if you cash the check, you legally accepted their offer”.)
Post # 15
“The payment is not refundable for any reason if the event is cancelled within 60 days of the said date.”
When was the remainder of the payment due? I don’t take payment to mean the deposit. I take that to be the payment of the balance.
Either way you accepted the terms of the refund when you took the $250.
Post # 16
Yeah, I think that the fact that it was a deposit and the fact that you already accepted $250 means you have no right to the rest of it. Sorry.