My daughter booked a ceremony & reception package at the same venue. Due to financial reasons, we need to cancel the reception and just keep the ceremony. (They call it an elopement package). Fine print says if u "cancel" within 6 months of the wedding u pay cancellation fee of 50% of total package cost. The wedding is in 5&1/2 months. We are due to see the venue manager this week and want to know our rights. Can they say we are technically cancelling the original package and purchasing a new package? Seems like an unreasonably large fee to charge...At this stage only $1000 deposit has been paid. Thank you.
QLD Cancellation/alteration of wedding package
- Thread starter Carolynv29
- Start date
Hi Carolynv29, I used this new Aussie Legal AI tool I've been using and responded with the below. You can ask it any questions I think
"Based on the provided information, it's important to remember that contracts are subject to the principles of contractual law. These principles state that once a contract has been made and is legally binding, all parties are obliged to fulfill the terms.
However, the matter here hinges on interpretation of the defined term 'cancel'. From a lay perspective, you're not cancelling the entire agreement but rather modifying it. Hence, it is essential to look at how the term 'cancel' is defined or used in your contract.
The general principle in contract law is that a party should be put in the position it would have been in had the contract been performed (Robinson v Harman (1848) 1 Exch 850). Therefore, cancellation fees are designed to cover the provider's loss resulting from the cancellation. In this regard, it would be relevant to point out that amendment to the package should not ipso facto trigger the cancellation clause, especially if the provider can still render part of the service without suffering a loss.
Also, you would have to thoroughly review the contract under the Competition and Consumer Act 2010 (Cth), Schedule 2 (“Australian Consumer Law”), particularly with reference to Section 23 which deals with unfair terms in consumer contracts. If the cancellation fee can be deemed as a penalty or if it goes beyond what would reasonably protect the legitimate interests of the venue provider (Paciocco v Australia and New Zealand Banking Group Limited [2016] HCA 28), then it might be rendered void.
However, it's critical to have these discussions with the venue manager or, if situation turns detrimental, consult a legal professional in your jurisdiction for personalized advice. Considering the circumstances, approach the discussion with the venue manager by providing your reasons for the modifications in a polite but assertive manner and seek to negotiate a mutually beneficial solution avoiding undue cancellation fees. Lastly, it would also be helpful to gather evidence demonstrating that the fees being charged is higher than the losses the provider would incur due to the modifications.
For any legal discussions and actions, a legal professional in your jurisdiction should always be consulted for the most personalized and accurate advice."
"Based on the provided information, it's important to remember that contracts are subject to the principles of contractual law. These principles state that once a contract has been made and is legally binding, all parties are obliged to fulfill the terms.
However, the matter here hinges on interpretation of the defined term 'cancel'. From a lay perspective, you're not cancelling the entire agreement but rather modifying it. Hence, it is essential to look at how the term 'cancel' is defined or used in your contract.
The general principle in contract law is that a party should be put in the position it would have been in had the contract been performed (Robinson v Harman (1848) 1 Exch 850). Therefore, cancellation fees are designed to cover the provider's loss resulting from the cancellation. In this regard, it would be relevant to point out that amendment to the package should not ipso facto trigger the cancellation clause, especially if the provider can still render part of the service without suffering a loss.
Also, you would have to thoroughly review the contract under the Competition and Consumer Act 2010 (Cth), Schedule 2 (“Australian Consumer Law”), particularly with reference to Section 23 which deals with unfair terms in consumer contracts. If the cancellation fee can be deemed as a penalty or if it goes beyond what would reasonably protect the legitimate interests of the venue provider (Paciocco v Australia and New Zealand Banking Group Limited [2016] HCA 28), then it might be rendered void.
However, it's critical to have these discussions with the venue manager or, if situation turns detrimental, consult a legal professional in your jurisdiction for personalized advice. Considering the circumstances, approach the discussion with the venue manager by providing your reasons for the modifications in a polite but assertive manner and seek to negotiate a mutually beneficial solution avoiding undue cancellation fees. Lastly, it would also be helpful to gather evidence demonstrating that the fees being charged is higher than the losses the provider would incur due to the modifications.
For any legal discussions and actions, a legal professional in your jurisdiction should always be consulted for the most personalized and accurate advice."
From what I understand, your daughter's venue has an elopement package where you pay 50% if you cancel within six months of the wedding. You've only paid a $1000 deposit so far.
When you meet with the venue manager, it's good to clarify if switching from the complete package to just the ceremony is a cancellation under their policy. Some places can be strict with these things, but it doesn't hurt to ask nicely. They could work something out since it's not like you're canceling the whole shebang; they're just changing a bit.
It might also help to look into similar packages at other venues to see if their terms are more flexible. Wedding stuff can be so complicated and expensive, ugh! Hang in there, and I hope it all works smoothly for you guys. And if you need advice on men's wedding suits or anything else wedding-related.
When you meet with the venue manager, it's good to clarify if switching from the complete package to just the ceremony is a cancellation under their policy. Some places can be strict with these things, but it doesn't hurt to ask nicely. They could work something out since it's not like you're canceling the whole shebang; they're just changing a bit.
It might also help to look into similar packages at other venues to see if their terms are more flexible. Wedding stuff can be so complicated and expensive, ugh! Hang in there, and I hope it all works smoothly for you guys. And if you need advice on men's wedding suits or anything else wedding-related.
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