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Buachaill, Barrister
Category: Law
Satisfied Customers: 10955
Experience:  Barrister 17 years experience
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Four friends hire a narrow boat year and agree to

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Four friends hire a narrow boat for next year and agree to share the cost four ways, including the deposit (which has now been paid .. balance still to pay). One friend has changed her mind about going on the holiday and is demanding her share of the deposit back, thus increasing the cost to the other three. Is she right?
1. A deposit is not in law refundable. So here, none of you can claim your deposit back off the boatyard. Accordingly, if this "friend" wants her share of the deposit back, she will have to get someone else, a third party, to pay her the share of the deposit and take over the booking. However, the one quarter share of the deposit she has paid is not refundable, either by the boatyard or the other three people who are going. IN law, there is no obligation on the other three joint venturers to make one person whole should their deposit be non refundable. All four took the risk jointly. Whilst now only three are participating in the hire of the boat, that only means the three people have to now share the cost of the boat. It does not mean that the fourth who opted out should have their one quarter share of the deposit refunded, as that right to a refund is only something that can be exercised against the boatyard and a deposit is non refundable.
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