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Jo C.
Jo C., Barrister
Category: Law
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Experience:  Over 5 years in practice
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I paid a deposit of £500 to a local hotel in respect of our

Resolved Question:

I paid a deposit of £500 to a local hotel in respect of our Diamond wedding. Since paying the deposit, my Wife, who has an advanced condition of Alzeimers has been in hospital with pneumonia. She is now out of hospital, but has deteriated quite a lot. I have asked the hotel for my deposit to be returned, but they say that it is non returnable. What can we do. I am83 years old and my Wife is 80.
Submitted: 1 year ago.
Category: Law
Expert:  Jo C. replied 1 year ago.
Hi.
Thank you for your question. My name is ***** ***** I will try to help with this.
How much notice have you given them? When are you due to stay?
Customer: replied 1 year ago.
This is not a room booking, but a party to celebrate our Diamond wedding.. I originally booked ,at the beginning of February this year for party to be held in June, on a Friday june 19th. I asked for my deposit back three weeks ago
Expert:  Jo C. replied 1 year ago.
Are they likely to be able to sell the venue to somebody else in that time? Is there a waiting list?
Customer: replied 1 year ago.
As far as I am aware, there is not a waiting list. Friday is normally not a sort after day, not like Saturday
Expert:  Jo C. replied 1 year ago.
No, but I suppose it does attach to the weekend.
You need to check your contract with them. If it gives you the right to cancel then you can rely upon that.
Otherwise though, you are locked into a contract and trying to cancel was unlawful. They can only claim the sum of their loss from you though. If they are able to sell this venue to somebody else on that day then there should be no claim beyond maybe some admin losses.
It would be quite surprising if they couldn't do something with it. If they couldn't then they should be trying to claim the entire sum rather than just keep the deposit. They have some three months notice as well.
Nevertheless, the fact remains that they are refusing and you can only force them to comply by suing. It is probably a good idea to send them a letter before action giving them 28 days to make payment though before you actually issue against them.
Can I clarify anything for you?
Jo
Jo C., Barrister
Category: Law
Satisfied Customers: 69527
Experience: Over 5 years in practice
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