Has anyone had to cancel their wedding venue contract?

Has anyone had to cancel their wedding venue contract? If so, were you liable for anything? If we do this we will be giving the catering hall a year and 3 months notice. Contract states 'cancellations done more then 120 days that we would be liable for 40% of total cost. Is there a way out of this?

Re: Has anyone had to cancel their wedding venue contract?

Eeek, I don't know if there's a way out of it, the only thing I can possibly think of is to see if the contract is transferable to another couple?

Re: Has anyone had to cancel their wedding venue contract?

I'm at the Hamlet CC and my contract says the same thing. When I asked, they said that yes...even though you are more than 120 days away, you are still liable for 40% ...I know...it sucks but I would call the hall and ask exactly how much this entails. Is t 40% of the minimum or 40% of what was stated on your contract?

Re: Has anyone had to cancel their wedding venue contract?

PS- I also heard something about some halls giving you this amount back if the date gets re-booked by another couple so I would def ask about it

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Re: Has anyone had to cancel their wedding venue contract?

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Posted by hedwards0524

PS- I also heard something about some halls giving you this amount back if the date gets re-booked by another couple so I would def ask about it

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I was told by one venue that as long as somebody rebooks for the same or higher rate with at least the same amount of people as you for the same time/date, you will get your deposit back.

Re: Has anyone had to cancel their wedding venue contract?

My friend cancelled her contract because she found another venue she liked. She got a full refund because someone else booked the date. Not sure what her contract said though about cancellations....

Re: Has anyone had to cancel their wedding venue contract?

My friend cancelled hers and she did lose the deposit I think (I don't think anyone else booked that date). This was Crest Hollow and I'm not familiar with the laws, etc for it.

Re: Has anyone had to cancel their wedding venue contract?

I had to cancel mine 5 years ago and we didnt get any money back but they used that money as a credit for this wedding.

Re: Has anyone had to cancel their wedding venue contract?

I believe the law in Suffolk County is that if you cancel at least 6 months before the wedding date, they have to give you back your deposit. The law should take precedence, regardless of what your contract says

Re: Has anyone had to cancel their wedding venue contract?

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Posted by chilly313

I believe the law in Suffolk County is that if you cancel at least 6 months before the wedding date, they have to give you back your deposit. The law should take precedence, regardless of what your contract says

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This is good to know, God forbid anything happens!

Re: Has anyone had to cancel their wedding venue contract?

there are two ways to get yoru $ back

1) if the hall is able to rebook the date

2)if your hall is in suffolk county and you notify them more than 6 months out, legally they can only keep $100 of your deposit and not hold you liable for any other monetary obligations.

if you need to cancel you need to make sure you submit it all in writing, noting the suffolk county law

Re: Has anyone had to cancel their wedding venue contract?

Is there a website where I can find more info about this?
Not that I would dream of canceling my venue (I love it!) but just incase...

Re: Has anyone had to cancel their wedding venue contract?

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Posted by scottsbride

I had to cancel mine 5 years ago and we didn't get any money back but they used that money as a credit for this wedding.

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Wish I would have know that...as I to had to cancel my wedding 5 years ago and lost the deposit plus additional payments, which wasn't anything near the total and neither of us were liable. HTH

Re: Has anyone had to cancel their wedding venue contract?

Do you know where I could find out about that suffolk county law? We gave a 1000 deposit and nothing else yet. The next payment which I think was 40 percent is not due until 4 months before the wedding. I just don't want to get sued for the 3000 or so that they are saying I'd have to pay if I were to cancel now. Knowing about the law would be great so I've got some leverage with them.

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Re: Has anyone had to cancel their wedding venue contract?

Yes. This is exactly what I just found and was about to post. Thanks ladies so much for your help! I would have never known about this! Thanks again.

GENERAL REFERENCES
Consumer protection — See Ch. 387.
§ 365-1. Legislative findings and intent.
A. The Legislature finds that the Suffolk County Department of Consumer Affairs has received numerous complaints from consumers about catering contracts. These contracts are very often executed long in advance of affairs, at the urging of caterers, to avoid scheduling disappointments.

B. The Legislature further finds that, upon the execution of such a contract, a consumer is required to make an initial payment and may be required to make periodic payments thereafter.

C. The Legislature further finds that those who cancel catering contracts, in most instances, do so for legitimate reasons. The major area of consumer complaints relates to these cancellations and the claims of patrons for restitution of these partial payments and, on the other hand, the caterers' claims to damages due to these cancellations.

D. The Legislature further finds that the common 'no return of deposit' clause too often results in an unconscionable and unjust situation because the caterer often rebooks the room for the contracted date at a price more or less than the original contract price but which has no bearing on the 'no return of deposit' clause.

E. The Legislature further finds that a caterer's delegation of its performance of the contract to another caterer without the consumer's consent is unconscionable.

F. The Legislature intends to cure these inequities by establishing criteria and procedures for cancellation of catering contracts and for the delegating of these contracts.

§ 365-2. Definitions.
As used in this chapter, the following terms shall have the meanings indicated:
CATERER
Any person or business engaged in serving food or beverages for private functions in Suffolk County.
§ 365-3. Cancellations and cancellation fees.
A. A cancellation occurs:

(1) When the consumer mails to the caterer notice of his or her intent to cancel; or

(2) When the caterer has actual notice of the consumer's intent to cancel.

B. With regard to cancellation fees:

(1) If a consumer cancels a catering contract and the caterer is able to rebook the date, the caterer's cancellation fee may not exceed 5% of the total contract price or $100, whichever is less, plus actual expenses reasonably incurred.

(2) If a consumer cancels a catering contract and the caterer is unable to rebook the date, the caterer's cancellation fee may not exceed the difference between the total contract price and the cost of performance, plus actual expenses reasonably incurred. The caterer must be able to show diligent efforts to rebook and must fairly calculate the cost of performance.

(3) It will be presumed that a caterer who receives notice of cancellation six months or more before the scheduled date of the function will be able to rebook.

§ 365-4. Prompt refunds.
As soon as reasonably practicable after cancellation and in no event later than 30 days after rebooking, the caterer must return to the consumer any sum received which exceeds the caterer's permissible cancellation fee.
§ 365-5. Contract forms.
Contract forms used by a caterer must conspicuously disclose the caterer's cancellation fee. This does not apply to contract forms ordered to be printed or set in type before the effective date of this chapter, but such forms may not be used for more than six months after this chapter takes effect.
§ 365-6. Delegation of performance to another caterer.
A caterer may not delegate performance of any contract to another caterer without the consumer's consent. This consent may be obtained only after the caterer advised the consumer of its inability to perform under the contract.
§ 365-7. Penalties for offenses.
The Commissioner of the Department of Consumer Affairs of Suffolk County or his designated representative shall have the power to impose upon any caterer who shall violate any of the provisions of this chapter and/or any regulations duly promulgated with respect thereto a civil penalty of not less than $50 nor more than $500 for each such violation.
§ 365-8. Enforcement; regulations.
A. This chapter shall be enforced by the Department of Consumer Affairs of Suffolk County.

B. The Commissioner of the Department of Consumer Affairs of Suffolk County may promulgate regulations consistent with and in furtherance of the provisions of this chapter.