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VIC Refund on Wedding Reception Venue?

Discussion in 'Australian Consumer Law Forum' started by Seguna, 6 October 2014.

  1. Seguna

    Seguna Active Member

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    Hi my son booked a Wedding and it is not for 13 months more Late November 2015. We had to cancel and asked the centre for refund as we needed to re think what we were doing...She said contract was signed but we said we Don't remember any contract and she said no to refund...i have asked for copy of signed contract...there is not one she cannot provide even tho she says she can. Been going back and fourth for a month. Its been written letters so i have all. I explained pressures to book the wedding with her did not she kept saying they go quick please don't take to long. We told her for her for her troubles she could keep $300 We feel 13 moths is way enough notice and there is no contract.

    Do I have a case under Australian Consumer Law?
     
  2. Worldly1

    Worldly1 Well-Known Member

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    Hi Seguna,
    You'll need to get your son or his fiance to find a copy of the contract and/or find any emails to and from the venue which may have the venue's terms and conditions.

    Has all the money been transferred? Or just a deposit? You may well forfeit your deposit if you cancel, but terms around deposits and refunds would be in their terms.

    Also see this previous LawAnswers thread: "Wedding Reception Venue Refund?".
     
  3. Seguna

    Seguna Active Member

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    There is no contract but there is terms and conditions thats she just sent to us today. But they were not signed its a standard PDF book
     
  4. Worldly1

    Worldly1 Well-Known Member

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    Well what do the terms and conditions say about refunds, etc?
    It doesn't matter that it wasn't signed, they still accepted by going forward with things and paying money.
     
  5. Seguna

    Seguna Active Member

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    Here they are Un signed
    regards
    Angela






    Terms and Conditions

    Table Matters at Emu Bottom is committed to ensuring that your event is a great success. We will be flexible wherever possible, attentive to your needs and will offer professional advice.

    A minimum number of accepted quests will be discussed at the time of booking. Should the numbers below fall below 20% of this figure, costs may occur. This usually involves a surcharge of 50% of the confirmed cost per person. If you reschedule your wedding date there is a $1,500 fee to do so.

    Prices as at July 2013. Prices may change, dependant upon costs and GST.
    Expect price increases of 2% to 4% per year. Please keep in mind that foods are seasonal and may also vary. A surcharge of 15% may be applicable on Public Holidays.

    Confirmation of final numbers attending the function is required 14 days prior to the event. If a guest is unable to attend within the 14days prior to your event you are not reimbursed for them. I suggest you invite another guest.

    Confirmation of a booking will be made once a deposit and your contract has been received and processed. If written confirmation and deposit is not received. Table Matters at Emu Bottom reserves the right to cancel the booking or re-book the date and venue.

    A minimum deposit of $1500 or 10% (whichever is greater) of the EPC (estimated package charge) is required at the time of booking and is non refundable. Deposits are an acknowledgement of the details contained within the Running Sheet (as agreed and attached with the deposit receipt) and of your agreement to abide by Table Matters at Emu Bottom Terms and Conditions. 50% of the estimated package charge is payable 1 month prior the wedding date. 100% of the total amount will be required 2 weeks prior to the wedding date and is non refundable.

    A signed copy of Table Matters at Emu bottom homestead terms and Conditions must accompany any deposit.

    Table Matters at Emu Bottom shares your disappointment if you are unable to proceed with your Wedding. Should your Wedding be cancelled within 30 days prior to the function, the Client shall be charged a fee of 50% of the estimated cost of the proposed function. 4 weeks prior to your wedding date 50% payment of the estimated total cost of the function is to be made by the Client with the balance payable within 14 days, full payment of the estimated cost of the wedding is to be paid in full to Table Matters and is non refundable. Table Matters is to be notified in writing of any cancellation.

    100% of the total amount will be required 2 weeks out from the event date. Wedding / Function accounts are to be paid in full fourteen days (14) prior to the Wedding /Function unless prior arrangements have been made with Table Matters at Emu Bottom. All approved credit arrangements also require full payment within 14 days of the function. If the Client does not for fill this obligation, then Table Matters at Emu Bottom has the right to cancel the Function / Wedding, with full payment of the estimated total cost of the Wedding / Function to be made by the Client.

    The Client agrees to begin the function and vacate the designated function space at the scheduled times agreed upon. Rental Rates are dependent of Function Requirements – i.e. Slab Hut or Woolshed.

    The Client or The Client’s guests, invitees or other persons attending the function are financially responsible for any damage sustained whether in rooms reserved, or any other part of Emu Bottom. The Client must pay any missing, broken or lost items in full.

    17

    Terms and Conditions

    Table Matters at Emu Bottom reserves the right to exclude or eject any persons from the function or the premises without liability. It is Table Matters at Emu Bottom decision whether security may be required at your function. Security is charged at $65 per hour per security guard.

    Table Matters at Emu Bottom follows the National Beverage Industries Council guidelines of Responsible Service of Alcohol. Our staff members are instructed NOT to serve alcoholic beverages to guests under the age of 18 years, or to guests in a state of intoxication. Our policy is to serve guests in a responsible, friendly and professional manner. Table Matters at Emu Bottom encourages drinking in moderation. Emu Bottom is a fully licensed venue therefore strictly no B.Y.O is permitted. During the evening the function manager will ascertain if the alcohol be removed from the tables. Guests are able to go to the bar to obtain their drinks.

    It is understood that The Client will conduct their function in an orderly manner and in full compliance with Table Matters at Emu Bottom management and with applicable laws.

    Nothing is to be nailed, screwed, stapled or adhered to any wall, door or other surface or part of the building. Table Matters at Emu Bottom must approve additional Signage.

    Table Matters at Emu Bottom will not accept responsibility for damage, or loss of merchandise left on the premises prior, during or after the function. The Clients should arrange their own insurance and/or security.

    The Client must obtain Table Matters at Emu Bottom owners consent before using logo, trademark or the name of Emu Bottom in any manner.

    Whilst multiple functions on the same day are avoided where possible, Emu Bottom reserves the right to hold functions simultaneously or concurrently.

    All guests are required to enter Emu Bottom through the main gates and park where directed by staff.

    To the maximum extent by law, Table Matters at Emu Bottom shall not be liable for the consequences of any conduct, misconduct, negligence, error, omission or forgetfulness on the part of The Client (or invitee) whatsoever, howsoever arising.

    The Client shall indemnify, and keep indemnified, Table Matters at Emu Bottom from and against all and any action claims, demands, losses, damages, costs and expenses for which Table Matters at Emu Bottom shall
    or may become liable in respect of or arising from the death of or injury to any person or loss of or damage to the property of any person arising from or out of any conduct, misconduct, negligence, error, omission or forgetfulness on the part of The Client (or any invitee of The Client) whatsoever, howsoever arising.

    I / we have thoroughly read, understood & agree to abide by all the Terms & Conditions above:

    Function Date: ................................. Name:......................... Signature:........................ Name:......................... Signature:........................ Dated:.........................

    To confirm your booking, please sign & date our Terms & Conditions and return with your deposit.

    18
     
  6. Seguna

    Seguna Active Member

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    sorry i missed the question up above..yes Deposit of $1500 has been paid only
     
  7. Rod

    Rod Well-Known Member

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    If they cannot produce a signed contract you may have a case and can take the matter to VCAT. Mention in your correspondence that failure to produce a signed contract now will be used at a court/tribunal to recover your costs.

    If they have a signed contract, I don't like your chances of getting the deposit back.
     
  8. Seguna

    Seguna Active Member

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    Thank you for your time and advise very much appreciate. There is no signed contract so will go to VCAT
     
  9. DennisD

    DennisD Well-Known Member

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    Important lesson to request and read the fine print.

    Nevertheless, a vendor should bring any especially onerous conditions to the attention of the consumer at the outset, including what you would forfeit in the event of a cancellation. Did they not tell you as much before you made payment?
     

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