How JustAnswer Works:

  • Ask an Expert
    Experts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional Answer
    Via email, text message, or notification as you wait on our site.
    Ask follow up questions if you need to.
  • 100% Satisfaction Guarantee
    Rate the answer you receive.

Ask Jo C. Your Own Question

Jo C.
Jo C., Barrister
Category: Law
Satisfied Customers: 69537
Experience:  Over 5 years in practice
12826847
Type Your Law Question Here...
Jo C. is online now

In terms and conditions I have signed for my wedding its states

Customer Question

In terms and conditions I have signed for my wedding its states you may have to pay 50% of the value of the wedding when cancelling which i have had to do. They wrote to us and said you will have to pay 50% of the wedding. Is may the same as you will have to pay?
Submitted: 2 years ago.
Category: Law
Expert:  Jo C. replied 2 years ago.
Hi.

Thank you for your question. My name is XXXXX XXXXX I will try to help with this.

-Could you explain your situation a little more?

Customer: replied 2 years ago.

My wedding should have been in August 8th 2014. In the terms and conditions which we signed on the day its states after signing terms and conditions the following maximum charges may apply 50% of total estimated revenue. Can the word MAY be used as this does not seem to be the same as you have or will pay 50%

Expert:  Jo C. replied 2 years ago.
Do you know if they are able to let the venue on that date to somebody else?
Customer: replied 2 years ago.

I am not sure. They already have a wedding on that day. They already have £1525 non refundable/transferable deposit. The overall amount they want is £3250-75 so it would leave £1725.75 to pay but in the Terms and conditions it states The wedding package whirlwind agreed at the time of deposit and costs involved £5500 are on what terms these shall be based. Well 50 % of £5500 is £2750 so with the non refundable deposit we should only have to pay now if we have to pay it £1225.

Expert:  Jo C. replied 2 years ago.
If they have a wedding on that day then how would they have held yours as well?
Customer: replied 2 years ago.

They have two rooms. They are a large venue

Expert:  Jo C. replied 2 years ago.
I see.

Is there a huge waiting list?

Are they realistically likely to be able to rent this venue for a date in August ?
Customer: replied 2 years ago.

Its a friday not as popular as saturday but they normally get booked up 18 months in advance

Expert:  Jo C. replied 2 years ago.
Thanks.

They cannot just keep blanket percentages like this. If you cancel without a basis to do so in the contract then you are in breach and you are liable to compensate them for their loss. However, they have an obligation to mitigate their loss by trying to sell the venue to another and since they have several months notice they should be able to do that.

In those circumstances you would only be liable for admin losses.

If they cannot though then you would be liable for the full amount unfortunately although you could rely on the reduction in the contract. Its quite unlikely it would come to that though. They would have to prove they have looked and cannot find a replacement which is not likely.

Can I clarify anything for you?

Jo
Customer: replied 2 years ago.

So just to clarify the hotel need to be able to prove to us that they have looked and cannot find a replacement. If they cannot find a replacement we would have to pay the rest of the money but get it reduced down to the 50% of 5500?


 

Expert:  Jo C. replied 2 years ago.
Yes, basically.

They cannot just charge you 50%. They can charge you the sum of their loss if they are not able to mitigate it up to 50% because that is what the contract says.
Jo C., Barrister
Category: Law
Satisfied Customers: 69537
Experience: Over 5 years in practice
Jo C. and other Law Specialists are ready to help you
Expert:  Jo C. replied 2 years ago.

Thank you for the positive rating and remember that I am always available to help with your questions. For future information, please start your question with ‘FOR JO C’. You can also bookmark my profile http://www.justanswer.co.uk/law/expert-remus2004/

What Customers are Saying:

 
 
 
  • Thank you so much for your help. Your answers were really useful and came back so quickly. Great! Maggie
< Previous | Next >
  • Thank you so much for your help. Your answers were really useful and came back so quickly. Great! Maggie
  • A quick response, a succinct and helpful answer in simple English. I believe I can now confront the counter party with confidence -- worth the 30 bucks! Rick
  • Wonderful service, prompt, efficient, and accurate. Couldn't have asked for more. I cannot thank you enough for your help. Mary C.
  • This expert is wonderful. They truly know what they are talking about, and they actually care about you. They really helped put my nerves at ease. Thank you so much!!!! Alex
  • Thank you for all your help. It is nice to know that this service is here for people like myself, who need answers fast and are not sure who to consult. GP
  • I couldn't be more satisfied! This is the site I will always come to when I need a second opinion. Justin
  • Just let me say that this encounter has been entirely professional and most helpful. I liked that I could ask additional questions and get answered in a very short turn around. Esther
 
 
 

Meet The Experts:

 
 
 
  • Jo C.

    Jo C.

    Barrister

    Satisfied Customers:

    30316
    Over 5 years in practice
< Previous | Next >
  • http://ww2.justanswer.com/uploads/EM/emus/2015-7-7_192327_bigstockportraitofconfidentfemale.64x64.jpg Jo C.'s Avatar

    Jo C.

    Barrister

    Satisfied Customers:

    30316
    Over 5 years in practice
  • http://ww2.justanswer.com/uploads/BE/benjones/2015-12-1_0437_ennew.64x64.jpg Ben Jones's Avatar

    Ben Jones

    UK Lawyer

    Satisfied Customers:

    11553
    Qualified Solicitor - Please start your question with 'For Ben Jones'
  • http://ww2.justanswer.com/uploads/BU/Buachaill/2012-5-25_211156_barrister5.64x64.jpg Buachaill's Avatar

    Buachaill

    Barrister

    Satisfied Customers:

    1754
    Barrister 17 years experience
  • http://ww2.justanswer.com/uploads/JO/jojobi/2013-3-19_0265_maxlowryphoto.64x64.jpg Max Lowry's Avatar

    Max Lowry

    Advocate

    Satisfied Customers:

    894
    LLB, 10 years post qualification experience
  • http://ww2.justanswer.com/uploads/UK/UKLawyer/2012-4-12_9849_F2.64x64.jpg UK_Lawyer's Avatar

    UK_Lawyer

    Solicitor

    Satisfied Customers:

    750
    I am a qualified solicitor and an expert in UK law.
  • http://ww2.justanswer.com/uploads/KA/Kasare/kasare.64x64.jpg Kasare's Avatar

    Kasare

    Solicitor

    Satisfied Customers:

    402
    Solicitor, 10 yrs plus experience in civil litigation, employment and family law
  • http://ww2.justanswer.com/uploads/OS/osh/2015-7-7_19268_gettyimagesb.64x64.jpg Joshua's Avatar

    Joshua

    Lawyer

    Satisfied Customers:

    8199
    LL.B (Hons), Higher Prof. Dip. Law & Practice