Any lawyers out there who can give me some advice?

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Posted by Kara and Todd

Is the hall in Suffolk County? What was the wedding date there? If it's more than 6 months away and the hall was in Suffolk County, you're entitled to all your money, less a small deposit back.

BTW - I LOVE Belhurst Castle. FH and I stay there when we go to the Finger Lakes to go wine tasting. BEAUTIFUL!

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If you read the subdivisions together, 237-3 (3) and 237-4 'prompt refunds', because rebooking is presumed if the date is more than 6 months out, the hall must return the deposits within 30 days of being notified of the cancellation.

Because rebooking is presumed you DO NOT have to wait 30 days after they rebook.

This is the LAW for Suffolk County halls!!!!
Pay particular attention to 237-3 (3) - if it's more than 6 months out rebooking is presumed.

Chapter 237, CATERERS

GENERAL REFERENCES

§ 237-1. 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.

§ 237-2. 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.

§ 237-3. 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 most 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.

§ 237-4. 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.

§ 237-5. 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.

§ 237-6. 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.

§ 237-7. 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.

§ 237-8. Enforcement.

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.


The link if you want to read this on your own

Chapter 237
Suffolk County law re: caterers

Write a letter officially cancelling the date and be sure to cite this law, specifically 237-3 (3) and 237-4 noting that because her date is well over 6 months out, rebooking is presumed and therefore she expects to receive a full refund (minus $100) within 30 days. If she does not get a check call a lawyer. There are probably firms that do this type of thing all the time.

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Posted by tdebe

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Posted by Kara and Todd

Is the hall in Suffolk County? What was the wedding date there? If it's more than 6 months away and the hall was in Suffolk County, you're entitled to all your money, less a small deposit back.

BTW - I LOVE Belhurst Castle. FH and I stay there when we go to the Finger Lakes to go wine tasting. BEAUTIFUL!

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Yes, the hall is in suffolk and our old wedding date was October 25th,2008, so they have a year and a half to rebook. I just wanted to make sure that I could cancel no matter what my reasons were.

ETA: I'm glad you love the castle! No one I know has ever heard of it, so that makes me feel so much better about getting married all the way up there.

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Posted by PeterNina Mom

Try writing to the Attorney General's office. You can get the form and address on line. They are very, very helpful and have helped me get money back a couple of times. The first time was from a catering hall in Brooklyn that I had booked for my 2nd wedding then about a month later changed owners. I didn't want to use the new owners. The attorney general got me my whole deposit back in CASH. The second is just recently when a stove I bought at Sears was delivered to the house and then the delivery people wouldn't bring it up the stairs. I also got all my money back after writing to them and giving names, dates, etc.

Good luck

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Posted by Dani731

I booked my 1st hall 8 months before my wedding date. Then I cancelled one month later, about 7 months before my wedding date and they only gave me back $390 out of my $1000 deposit. They kept $100 for the fee that they are allowed and then they also kept $510 for 'reasonable fees incured'

I think $510 is too much for 'reasonable fees incurred' in just one month. My sister and my best friend want me to go to small claims court to fight it, but I don't know if it is worth the trouble for just a couple hundred $.

What do you guys think?

I cancelled because FH& I were originally going to have a small wedding because we were paying for everything ourselves. But then my Dad told us that he will help pay for a bigger wedding because he wanted to invite people that he felt should be invited. So we had to cancel because the hall would be to small for our guest list which is now over 250.

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Posted by Kara and Todd

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Posted by PeterNina Mom

Try writing to the Attorney General's office. You can get the form and address on line. They are very, very helpful and have helped me get money back a couple of times. The first time was from a catering hall in Brooklyn that I had booked for my 2nd wedding then about a month later changed owners. I didn't want to use the new owners. The attorney general got me my whole deposit back in CASH. The second is just recently when a stove I bought at Sears was delivered to the house and then the delivery people wouldn't bring it up the stairs. I also got all my money back after writing to them and giving names, dates, etc.

Good luck

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If that's the case then Great!

Given that it's Suffolk County, this should be unnecessary.

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