NSW Refund of excessive deposit

Discussion in 'Australian Consumer Law Forum' started by Steven Lloyd, 12 October 2018 at 4:22 PM.

  1. Steven Lloyd

    Steven Lloyd Member

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    My wife to be paid a $400 deposit to a hair and makeup company to secure our wedding date. Upon paying for the deposit, she also booked to have a trial so they could find the right look prior to the big day!
    After the trial she wasn't happy - the owner/makeup artist was 25 minutes late with no attempt to let her know and on top of that the service was "very underwhelming". Upon this discovery, my partner decided she no longer had the confidence to proceed with the service and wanted her deposit back.
    The company are refusing to give a refund stating that the terms and condition on the website clearly say deposits are non-refundable. We have given them 5 months notice and feel the terms and conditions are unlawful due to the unreasonable and unexplainable fees - especially because the deposit work out at more than 55% of the total service price! ($720)

    Linked is the company websites t+c's Terms & Conditions
     
  2. Rob Legat - SBPL

    LawTap Verified

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    They would be entitled to keep some of the deposit, but 55% is excessive. Ideally, it should be an amount to compensate them for being put out by your cancellation. If they're that in demand, and you've given five months' notice, they should be able to easily fill the spot. You might be in for an argument, however.

    Another option is to speak to to the owner and explain your reasons for not wanting to proceed. They may be annoyed/upset, but a good business owner will see reason. It may be that there is someone else in the business who can do another trial that you may be happier with.
     
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