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Jenny
Jenny, Solicitor
Category: Law
Satisfied Customers: 7197
Experience:  Qualified Solicitor specialising in Employment Law and general legal matters. Please start your question For Jenny Only
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I run my own business. I have somebody booked in with me

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Hi. I run my own business. I have somebody booked in with me who's paid a non refundable deposit to secure a date in my diary with me. They are now requesting it back but I am stating it is non refundable. I want to check everything I am stating is legally binding?
JA: Where are you? It matters because laws vary by location.
Customer: Coventry - England
JA: What steps have you taken so far?
Customer: They have emailed me to request their deposit back. I have told them it's non refundable however they are still replying saying I am not entitled to keep their deposit
JA: Anything else you want the lawyer to know before I connect you?
Customer: No thank you

Hello my name is***** am a solicitor and I am happy to help you today. What service do you provide and how much of the cost of the service was the deposit? Did you send them terms and conditions which stated clearly that deposit was non - refundable?

Customer: replied 2 months ago.
Thank you. I am a makeup artist and providing makeup for wedding days. I send over a booking form over email when they contact which includes total costs and deposit costs which is 30% of the total. Which is stated to be non refundable. At the bottom of my booking form I state to see all terms and conditions via a link. I can send over the booking form I sent to them?

No need to send your terms, how far in advance did they cancel and is there any chance you will refill the booked date?

Customer: replied 2 months ago.
They have requested to cancel their booking aprox a week ago. The wedding date is 31st July. Normally weddings are booked with me 1/2 years in advance so very unlikely I will fill the date.

In that case there is no issue with you retaining the deposit as it is clear that it was non refundable and it cannot be deemed to be a penalty clause (in other words it is not in excess of your losses connected with the cancellation. You should politely inform her that there is no contractual basis upon which you should refund the deposit.

Is there anything further you would like to know about this?

If I have answered your question please take the time to rate my answer, thank you and all the best.

Jenny and 2 other Law Specialists are ready to help you
Customer: replied 2 months ago.
Thanks so much

No problem, please do remember to rate my answer before leaving the site so that I can be credited for answering your question, thank you and all the best with it. Do come back to me in the future if you need to.