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Jo C.
Jo C., Barrister
Category: Law
Satisfied Customers: 71146
Experience:  Over 5 years in practice
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In terms and conditions I have signed for my wedding its states

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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?

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 3 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%

Do you know if they are able to let the venue on that date to somebody else?
Customer: replied 3 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.

If they have a wedding on that day then how would they have held yours as well?
Customer: replied 3 years ago.

They have two rooms. They are a large venue

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 3 years ago.

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


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?

Customer: replied 3 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?


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.
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