Wedding venue contract issues and CPA

[philthom]

Hi. I have a bit of a predicament and wondered if anyone could assist me with it.

On the 2nd of April 2011 my fiancé and I signed a contract with a certain Wine Estate and agreed to pay a sum of money as provisional deposit on the same day (the full deposit amount - the balance - was to be paid at the end of April 2011). The contract stated we were going to hold both the wedding ceremony and the reception at the wine estate. The date was set for the 21st of March 2012.

However, in the meantime my fiancé and I decided not to hold the reception at wine estate, but rather only to hold the ceremony there. Before the end of April and the subsequent due date for the rest of the money to be paid, we contacted the wine estate and told them what we decided.

The wine estate replied that it is possible to hold only the ceremony but the time of the ceremony must be changed, from the agreed upon 16h00 to 13h00 on the 21st of March 2012. This time was unacceptable to us and we decided to cancel the entire contract with the wine estate.

We asked for the provisional deposit we have paid to be paid back, but they state it is non-refundable.

I understand the non-refundable issues of the deposit, cause it was stated so in the contract and we agreed upon it. However, it was the Wine Estate that changed the time of the ceremony and thus caused my fiancé and I to cancel the contract (note however the contract up to this date is not formally cancelled because I have not given them a written cancelation notice which they asked for).

Could someone advise me whether the Wine Estate is in default or not, and whether we can demand our money back. And how does the new Consumer Protection Act (CPA) play a role in this?

Thanks!

 

[OGroteKoning]

I feel your pain!!!! Maybe this will help ... I have not read the whole act yet

"Consumer’s right to cancel advance reservation, booking or order
17. (1) This section does not apply to a franchise agreement, or in respect of any
special-order goods.
(2) Subject to subsections (3) and (4), a consumer has the right to cancel any advance
booking, reservation or order for any goods or services to be supplied.
(3) A supplier who makes a commitment or accepts a reservation to supply goods or
services on a later date may—
(a) require payment of a reasonable deposit in advance; and
(b) impose a reasonable charge for cancellation of the order or reservation,
subject to subsection (5).
(4) For the purposes of this section, a charge is unreasonable if it exceeds a fair
amount in the circumstances, having regard to—
(a) the nature of the goods or services that were reserved or booked;
(b) the length of notice of cancellation provided by the consumer;
(c) the reasonable potential for the service provider, acting diligently, to find an
alternative consumer between the time of receiving the cancellation notice
and the time of the cancelled reservation; and
(d) the general practice of the relevant industry.
(5) A supplier may not impose any cancellation fee in respect of a booking,
reservation or order if the consumer is unable to honour the booking, reservation or
order because of the death or hospitalisation of the person for whom, or for whose
benefit the booking, reservation or order was made."

 

[LazyLion]

Don't worry about the CPA... it has little bearing on this. The CPA deals more with direct marketing.

This is just a simple issue of contract. They changed the terms of the contract, the problem is theirs not yours. They should therefore refund you the deposit.

I don't see why deciding on a different venue for the reception should necessitate them moving the time of the ceremony. Sounds like they are trying to squeeze in another event after yours to recoup their money.

 

[Bronzed_Skarab]

Sounds like the venue is still prepared to honour the original contract. Once you start changing parts of it you can't expect the rest of the contract to remain valid.