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Jo C.
Jo C., Barrister
Category: Law
Satisfied Customers: 69996
Experience:  Over 5 years in practice
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Myself and my partner recently got engaged

Resolved Question:

Hello my name is oli
Myself and my partner recently got engaged and therefore went to a wedding venue to see what was available and we fell in love with it and booked.
A few months have passed and due to a family issue and financial difficulty we can no longer afford to use this particular venue. Upon contacting the venue co-ordinator to discuss the cancellation she has told me that a 40% charge is now needed for the cancellation witch equals to £2000 ( which obviously cannot afford ) I am concerned that further action will be taken against me. The person I spoke to was quite rude towards me and my fiancé. I was hoping you could advise me on what I can do. As it's quite simply outrageous
Submitted: 1 year ago.
Category: Law
Expert:  UKSolicitorJA replied 1 year ago.

Hello,

Were you made aware of any booking terms and conditions at the time of booking and have you paid anything?

Expert:  Jo C. replied 1 year ago.
Hi.
Thank you for your question. My name is ***** ***** I will try to help with this.
What is the wedding date and when did you cancel please?
Customer: replied 1 year ago.
23rd April 2016 2nd of May
Expert:  Jo C. replied 1 year ago.
I presume they will be easily able to sell the venue to somebody else?
Customer: replied 1 year ago.
Yes the venue is very sort after
Expert:  Jo C. replied 1 year ago.
Thanks.
Whatever is in their terms and conditions matters not really. You are in breach of contract and they do have a claim against you unless the contract actually said that you could cancel without penalty.
However, they have a duty to mitigation their loss and they have nearly a year to sell this venue to somebody else which doesn't sound as though there would be any problem.
They may have a claim against you for a small sum in administration fees but it is nothing like 40% of the contract price.
Can I clarify anything for you?
Jo
Customer: replied 1 year ago.
But they are keeping my £500 deposit ? So am I eligible to pay a further £2000 fee??
Expert:  Jo C. replied 1 year ago.
No, as I said, they have a duty to mitigate their loss which they would easily do here.
Customer: replied 1 year ago.
Sorry to sound stupid what does mitigate there loss mean ?
Expert:  Jo C. replied 1 year ago.
Try to reduce their loss - e.g sell the venue to somebody else.
Customer: replied 1 year ago.
So in your opinion what should I do ?
Expert:  Jo C. replied 1 year ago.
Just refuse to pay their charges.
The onus is upon them to take action against you if they want to enforce this not the other way around.
Customer: replied 1 year ago.
I understand that I lose my £500 deposit that's a given but I feel that it's unfair to ask this amount as they have a very long time to rebook the venue.
What would happen if they wanted to take this matter further ?
Expert:  Jo C. replied 1 year ago.
Well, what I said above really. They don't have a claim for the reasons above.
Jo C., Barrister
Category: Law
Satisfied Customers: 69996
Experience: Over 5 years in practice
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