Post # 1
For our May 31 wedding we signed a contract at a bed and breakfast in Omaha, Nebraska. We agreed to rent 6 guest rooms and the main floor for 8 hours at $1458 (with tax) and placed a $364 deposit down.
Some of our guests decided to stay at another hotel and some couldn’t make it to the wedding. I emailed the venue and asked to revise the contract for the main floor and only three rooms. She emails back saying that is just fine and that the total for the three rooms is $400. She emails me back saying that she is releasing the rooms to other guests, but how many hours do I need the main floor for, so she can revise the contract. I ask her how much to rent it per hour and that we will probably need it until 11pm. She emails back saying $150 an hour and that now that other guests are staying there, we need to finished by 10!
I don’t know what to do now! In the contract it states that "cancellation must be received in writing 30 days prior to the reservation date." Does that mean I can go back to the terms of the signed agreement? Can my emails change the terms of a signed contract? Also, no where in the contract does it specify what time the event needs to end. Can she just pull a time out of no where?
Post # 3
Hey Niki. It seems that by your email, you’ve revoked your old contract and have created a new one. Your old contract said you would rent six rooms, and now, by renting only three, and the B&B manager’s agreeing to your renting three rooms, you’ve created a completely new one. So she can in fact put new stipulations in this new contract.
It sucks, but it makes sense too. It sounds like your last contract probably had you renting out all the rooms in the B&B. Therefore, it wouldn’t matter if you kept the party going until 11:30. Now, however, there will be guests who are not associated with the party, and who will presumably want to be in bed (and not be listening to some DJ) at 10.
Unless there is something else in the contract, it seems that you have no legal right to revert back to the terms of the original one. But read through it all. Maybe your last contract says something to the effect that "any revisions or changes to this contract must be in writing and signed by both parties." I would just work with her. Assuming that you are more than 30 days away from your wedding date, I’m certain she understands that if the B&B isn’t willing to cooperate with you, she may lose your business if you decide that 10 pm isn’t cool and want to take your party (and guests) elsewhere.
Post # 4
Here is the contract:
AGREEMENT TO LEASE
OMAHA, NE 68131402-xxx-7600, 888-xxx-xxxx
This agreement, made this _______ day of _____________________ 2007, between Nicole (hereinafter "Lessee") and The Mansion (hereinafter "Lessor"). Lessee does hereby agree to grant, demise and let, and Lessee does hereby agree to take book the main floor for a wedding and reception on May 31, 2008. In addition, lessee agrees to book six overnight guest rooms for one night on May 31 at the Mansion, located at Omaha, NE 68131. The charges are as follows: Six guestrooms and an eight-hour event on May 31…………………….. $1,350.00 Taxes on overnight guest rooms: 4 percent City of Omaha room tax………………………………… $ 26.00 5 percent Douglas County lodging tax…………………………… $ 32.50 7 percent City & State sales tax……………………………………. $ 49.60 Total……………………………………………………………………………………. $1,458.10 The charges are to be paid as follows:
25% down payment ($364.50) required when booked, with the remainder due upon arrival. Remainder is to be paid with one credit card or check.Cancellation must be received in writing 30 days prior to the reservation date. If cancellation is not received as specified, Lessee will responsible for payment in full for all charges due. Deposit is non-refundable.It is further agreed by and between the parties that the Lessee will be responsible for securing their own catering company, as well as linens, tables, chairs, and dishware. Trash is to be removed. NO keg beer or red wine. All rented tables and chairs are to have rubber or plastic bottoms, unless designated for use outdoors. Lessee is responsible for any damages incurred to the property. The Mansion is a Smoke-Free building. Ashtrays are provided on the front porch and patio. It is further agreed by and between the parties that the Lessee shall apprise the staff of delivery times of florist, caterer, and rentals. All rentals are to be picked up by 12 noon on the following day. Saturday event rentals may be picked up on Monday by 12 noon. Lessee should arrange to have the caterer contact staff with the details. Warming of foods only is allowed in the kitchen. Flowers or decorations may only be attached with ribbon or string (no tape or tacks). Flowers must be in vases, and candles must be in containers. Children are welcome at The Mansion but must be supervised at all times during their stay. Event guests are to remain on the main floor only.
IN WITNESS WHEREOF, the parties hereto do set their hands and seals.
Post # 5
Specifically of interest:
Cancellation must be received in writing 30 days prior to the reservation date.
Post # 6
I agree with Missdolce, you now have made a new contract. Often the more you rent from somebody the more liberties you will have. Cutting the number of rooms you reserved in half, will make a big difference to your liberties. And like she said, others will now be staying nearby and wouldn’t want to hear your party. After all, they will be paying for there rooms as well and expect a certain level of privacy/quiet.
Post # 7
Is it a big deal if you finish by 10 instead of 11?
Post # 8
I know this is frustrating, but take a deep breath. If this is the place you are planning your wedding, you want to resolve this amicably. The last thing you want or need is a pissed off venue owner.
Key point…you have an executed contract that keeps you on the hook for renting out the entire venue. Yes, you’ve had an email exchange discussing changes and that a revised contract is coming, but you haven’t agreed on the new terms, so the original contract is still binding.
I understand that 10 p.m. seems early. When you originally contracted the 6 rooms, is that all the rooms in the B&B? If so, it’s understandable that there wasn’t a specified end time. But now that other guests will be staying, they do have a right to control the noise level for other guests. Even the big hotels have time limits in any areas where other guests might be convenienced.
Maybe you can start your wedding just slightly earlier. Or, in the interest of just being able to do what you want, if you can still have the place to yourself, maybe you just agree to stick to the original contract. Sounds like you’ll have other guests in the area joining you, so why not have the place to yourselves?
If you’re stuck paying for the whole amount of the original contract, maybe you can convince your guests to revise their plans to, indeed, stay at the B&B, and you’ll pay the difference from the cost of the B&B room and what they’re paying for at their other chosen location (assuming that the reason why they didn’t stay at the B&B was the cost?), since it would mean so much for you to have everyone in one central location.
Post # 9
I would think more about having other guests in the house during your wedding. If it isn’t too much extra, I would just stick with the old contract and keep all of the rooms in the house, even if you don’t need them. You don’t want random people walking through your reception, possibly crashing the party, etc.
Post # 10
Not actually an attorney, but it seems to me that the clause about cancellation is meant to pertain to YOU, not to them (as with a reservation cancellation clause on any hotel room). Technically, you asked to modify the contract when you emailed and told her you no longer wanted to rent all six rooms. She could have held you to the terms of the original contract – although possibly you would then have just cancelled, and she would have been out the whole amount. But essentially when she let you out of the obligation to pay for those other three rooms, your initial contract was no longer valid.
I agree that if you have essentially the whole B&B, then you can probably party as late as you want. If not, then you probably have to abide by whatever "quiet hours" policy they normally enforce – and 10:00 is pretty normal. I don’t really think you have any recourse – and I would say again, it was actually nice of her to let you out of your original commitment.