Cancelling Hall...

So i just called my hall to cancel and they told me i dont get my deposit back i get a credit. But the credit is minus $500 for a bookkeeping fee.

I thought the suffolk county law was you get all the $$ back except $100 if you cancel 6 months or more before the wedding?

Anyone know about this?

I came across this. Hope it helps.

http://www.liweddings.com/chat/topic-312778-1.html

the law states that if it is more then 6 months before the date, it is more then enough time to rebook the date, and they have to give the deposit within 30 days of receiving the cancellation notice.

i actually gave all the info to my boss (who is also my attorney) and he is going to write up my cancellation letter for me. That way they can deal with him if they dont want to give me the $$ back.

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Posted by LiLReD

Hey Mo...I think ur right about being able to get the $$ back w/out it being a credit but the $500 book keeping fee is in the contract. I saw it when I went over mine. I dunno if it's a standard policy but at least w/Chateau.

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You should get all but $100 back. Even if the contract states the $500 booking fee, Suffolk County law overrides that. Tell them you know your rights, and you will contact the Better Business Bureau if they try to keep your $. Good luck!

This is a quote from a past bride:

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.

Message edited 12/28/2005

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Posted by pal

I think that what the contracts with the halls says overrides everything else. If I am not mistaken the law does state that you are entitled to $100 back unless there is a binding contract that says otherwise. Look it up but if the contract that you signed states that you do not get your deposites back, I don't think they are obligated. ... sorry but keep us posted.

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this is not true-for nassau Yes you follow your contract, not for suffolk county

Oh man i dont even want to get into this butttt...I canceled a hall that i originally booked because i decided i hated it lol. Ok so long story short we found this law and called them. They used some pretty choice words at me and were really nasty. I called the BBB and told them the story. They put a black mark on the hall and had us write cancelation letters and have them signed for at the hall. We didnt receive the money back until last week (this started in November). It is the Suffolk Law and you will get it back but you have to fight for it.

I am not going to share the name of the place but if you think its yours FM me and i will let you know if you provide the place if it is or isnt. I dont want to bash the place since they finally did the right thing.

Good Luck and fight for it, its your money, just be prepared to call the Better Business and deal with some fighting! I dont know why if you cancel almost a year in advance they think they should keep your money.

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Posted by PegaLega

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Posted by pal

I think that what the contracts with the halls says overrides everything else. If I am not mistaken the law does state that you are entitled to $100 back unless there is a binding contract that says otherwise. Look it up but if the contract that you signed states that you do not get your deposites back, I don't think they are obligated. ... sorry but keep us posted.

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this is not true-for nassau Yes you follow your contract, not for suffolk county

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Pega is right. Contracts are binding except for 'unconsionable' terms, etc. and Suffolk has found the policy to be 'unconsionable' so there, the contract's term that limits or eliminates refunds not in keeping with the law, is void and unenforceable. Barring that law, i.e., in Nassau County, the contractual terms control.