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Jo C.
Jo C., Barrister
Category: Law
Satisfied Customers: 70200
Experience:  Over 5 years in practice
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We have booked a venue daughters wedding. A non refundable

Customer Question

We have booked a venue for our daughters wedding. A non refundable deposit was paid (50% of total cost). In due course we received a receipted invoice which stated that our deposit had reserved the date. At the bottom it stated that the booking was subject to their terms and conditions which were received later by our daughter. One of the clauses in the T&C states that the "Terms adenot exaustive and can be added to without notification and upon notification will form part of the original signed T&Cs". We dont want to sign to agree wnat we see as an open cheque. Our question is: Can the venue make us sign these T&Cs which were not provided at the time of booking?
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.
Do they vary the conditions of sale at all?
Customer: replied 1 year ago.
I am not sure I understand your question. We have not signed the T&Cs yet.
Expert:  Jo C. replied 1 year ago.
I'm not sure how to express it differently? Do they vary the conditions of sale? Do they change anything?
Customer: replied 1 year ago.
It is the clause which I quoted in my question whereby they can add any further conditions which we,if we sign, automatically become part of the t&cs that concerns us. So if we do sign and they add any further conditions later then I suppose that would be described as varying the conditions.
Expert:  Jo C. replied 1 year ago.
Whatever this document purports to say on that point, they cannot just vary the terms without your agreement.
You can, of course, refuse to sign. Their response may be to cancel the booking though although they would have to give you a refund.
But they cannot just unilaterally vary the agreement whatever this document claims on the ponit.
Can I clarify anything for you?
Jo
Customer: replied 1 year ago.
So what you are saying is that if we did sign the T&Cs, including the clause 'allowing' them to add further conditions, as they are insisting we do (and we don't want them to cancel the booking), then adding to/changing the conditions at a later date without our agreement would be unlawful, which is rather what I thought. Do I understand correctly?
Expert:  Jo C. replied 1 year ago.
Yes, but it might mean that you have to go to court. they are not going to accept that their additions are unlawful. You might have to go to court to determine it. But yes, they cannot just add conditions as they choose.
Jo C. and 2 other Law Specialists are ready to help you
Customer: replied 1 year ago.
Thank you Jo. That's a great help.Regards. Colin.
Expert:  Jo C. replied 1 year ago.
No problem.
All the best.