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Jo C.
Jo C., Barrister
Category: Law
Satisfied Customers: 70830
Experience:  Over 5 years in practice
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Myself and my partner recently got engaged

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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

Hello,

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

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 2 years ago.
23rd April 2016 2nd of May
I presume they will be easily able to sell the venue to somebody else?
Customer: replied 2 years ago.
Yes the venue is very sort after
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 2 years ago.
But they are keeping my £500 deposit ? So am I eligible to pay a further £2000 fee??
No, as I said, they have a duty to mitigate their loss which they would easily do here.
Customer: replied 2 years ago.
Sorry to sound stupid what does mitigate there loss mean ?
Try to reduce their loss - e.g sell the venue to somebody else.
Customer: replied 2 years ago.
So in your opinion what should I do ?
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 2 years 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 ?
Well, what I said above really. They don't have a claim for the reasons above.
Jo C., Barrister
Category: Law
Satisfied Customers: 70830
Experience: Over 5 years in practice
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