Hi all.
My son and his fiancee booked a reception venue, but unexpectedly became pregnant. They opted to change the date of the wedding, but leave it at the same venue.
The date change/cancellation policy listed on the contract provided by the venue reads: Cancellation policy: Whilst we understand due to unforseen circumstances it may be necessary to postpone or cancel your wedding, cancellation fees will apply as follows:
Any change to your wedding date must be received in writing. Any written cancellation received more than 60 days prior to the commencement of your event, will forfeit the $2000+gst venue hire deposit. Any written cancellations made within 60 days prior to the commencement of your event will be liable for the full monies of their final invoice.
Due to unforseen circumstances such as a natural disaster, extreme weather conditions, accidents or severe failure of utilities, (The venue) reserves the right to cancel any wedding reservation. All monies would be refunded should this occur.
I feel that they're missing a bit in their contract to explain further instructions in regard to changing the date. I read it as you ONLY need to provide a change in date request in writing. But if you wish to CANCEL..it goes on with the instructions there.
The emailed response to the change of date request mentions a $500 date change fee, which will increase substantially if the original chosen date was not filled by another event. The email goes on to mention that the $500 fee will be added to the invoice and due upon paying the balance.
They received a subsequent email with an invoice attached that reads: Hi Bride and Groom, Here's INV-0486 for AUD 1650.00 **Please note: This is now inclusive of 10 weeks late fees @ 10% per additional week. At 12 weeks of late fees the date will no longer be held for you and deposit(s) forfeit in their entirety should payment not be promptly submitted - this date will be the 1st december 2023** The amount outstanding of AUD 1650.00 is due on 31 August 2023.
So, our questions are- their contract only states that a written change of date is to be received, and there is definitely NO mention of a change of date fee, or that there will be accrued interest pertaining to this fee.
Plus, when the change of date fee was mentioned, it was going to be added to the invoice, and be due in full when the total invoice was due.
And, if our interpretation is considered to be correct, has the venue breached their own contract, making the whole document void? Would the bride and groom be able to get the full deposit back, should they wish to do so?
My son and his fiancee booked a reception venue, but unexpectedly became pregnant. They opted to change the date of the wedding, but leave it at the same venue.
The date change/cancellation policy listed on the contract provided by the venue reads: Cancellation policy: Whilst we understand due to unforseen circumstances it may be necessary to postpone or cancel your wedding, cancellation fees will apply as follows:
Any change to your wedding date must be received in writing. Any written cancellation received more than 60 days prior to the commencement of your event, will forfeit the $2000+gst venue hire deposit. Any written cancellations made within 60 days prior to the commencement of your event will be liable for the full monies of their final invoice.
Due to unforseen circumstances such as a natural disaster, extreme weather conditions, accidents or severe failure of utilities, (The venue) reserves the right to cancel any wedding reservation. All monies would be refunded should this occur.
I feel that they're missing a bit in their contract to explain further instructions in regard to changing the date. I read it as you ONLY need to provide a change in date request in writing. But if you wish to CANCEL..it goes on with the instructions there.
The emailed response to the change of date request mentions a $500 date change fee, which will increase substantially if the original chosen date was not filled by another event. The email goes on to mention that the $500 fee will be added to the invoice and due upon paying the balance.
They received a subsequent email with an invoice attached that reads: Hi Bride and Groom, Here's INV-0486 for AUD 1650.00 **Please note: This is now inclusive of 10 weeks late fees @ 10% per additional week. At 12 weeks of late fees the date will no longer be held for you and deposit(s) forfeit in their entirety should payment not be promptly submitted - this date will be the 1st december 2023** The amount outstanding of AUD 1650.00 is due on 31 August 2023.
So, our questions are- their contract only states that a written change of date is to be received, and there is definitely NO mention of a change of date fee, or that there will be accrued interest pertaining to this fee.
Plus, when the change of date fee was mentioned, it was going to be added to the invoice, and be due in full when the total invoice was due.
And, if our interpretation is considered to be correct, has the venue breached their own contract, making the whole document void? Would the bride and groom be able to get the full deposit back, should they wish to do so?
