NSW Wedding deposit refund

Australia's #1 for Law
Join 150,000 Australians every month. Ask a question, respond to a question and better understand the law today!
FREE - Join Now

Chunt

Member
27 June 2023
3
0
1
My daughter is needing to cancel a wedding venue that was a 2 1/2 hours drive due to an illness in the family so needs to have the wedding closer to home. The travel would be too much for the nan who is the celebrant to make the trip . The terms and conditions state that the venue hire fee will be forfeited if cancelled closer than 6 months to the wedding date. The date is just over 3 months away. The invoice states the venue hire fee is $1800 but the deposit paid was $4000 as requested. The company has stated in an email that the $4000 wont be refunded. They said the terms and conditions don’t relate to the deposit paid. The terms and conditions relate to the contract surely not just what suits the venue. I can’t afford to lose this amount of money yet I understand the loss of the $1800 as stated. Can u please give me some information as to my refund rights,
 

Tim W

Lawyer
LawConnect (LawTap) Verified
28 April 2014
5,036
830
2,894
Sydney
The core problem seems to be that the celebrant of choice can't travel.
Can you source another one?
 

Tim W

Lawyer
LawConnect (LawTap) Verified
28 April 2014
5,036
830
2,894
Sydney
No as the celebrant is the grandmother who isn’t well.
Yes, I understand that.

Is the bridal couple not prepared to have any other celebrant?
And are they prepared to (cause you to) lose a large sum of money as a result?
(I suspect that they may not understand because it's not their money on the line here...)

--> This boils down to change of mind.
Contracts are about certainty.
I do not see the law providing any protection for poor planning, mere changes of mind, and refusal to consider alternatives.
 
  • Like
Reactions: Rod

Chunt

Member
27 June 2023
3
0
1
Yes, I understand that.

Is the bridal couple not prepared to have any other celebrant?
And are they prepared to (cause you to) lose a large sum of money as a result?
(I suspect that they may not understand because it's not their money on the line here...)

--> This boils down to change of mind.
Contracts are about certainty.
I do not see the law providing any protection for poor planning, mere changes of mind, and refusal to consider alternatives.
Whilst I understand they could have another celebrant they really want the grandmother to do the honours as does she. Her health is the issue with such a distance to travel. It’s not my money but my question still stands as to the rights of a partial refund of the deposit at over 3 months out. The loss of the venue hire fee of $1800 only not the full $4000 as per the terms and conditions.
 

Rod

Lawyer
LawConnect (LawTap) Verified
27 May 2014
7,820
1,072
2,894
www.hutchinsonlegal.com.au
Without a lawyer seeing the contract you will not receive definitive advice.

Call Tim's office and see if they can help. Might cost a few hundred to get peace of mind.