So I sent the hall a letter that was signed for on 2/1/10 stating that we were canceling bla bla bla. I never heard anything back. Well, my dad called them for me today (cuz he knows I would flip out if I heard something I didn't liek cuz I'm hormonal like that) after he talked to suffolk consumer affairs (who said I should ALREADY have gotten a refund) and the hall said something about a New York State law overriding the Suffolk Law on refunds. Anyone know if this is true? Thanks!
BriansWifey
Posted:
Member since
Re: Help please!
I have no idea if this is true but I do hope u get ur money back!
pipermaru
Posted:
Member since
Re: Help please!
no idea but i think that whole suffolk county law thing about refunds may be misconstrued...
whatever is written in your contract would likely govern unless it was outright illegal since you would contract out a default provision
ETA: it really depends what the 'law' says - whether its a default provision or something that makes retention of x dollars of a canceled RH contract illegal per se (i.e. whether its more of a contract law or penal law)
SerenityEthereal
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Member since
Re: Help please!
From what I understand, since their license was filed in Suffolk County, They have to follow suffolk county consumer affairs law.
LAWS OF SUFFOLK COUNTY, NEW YORK, v88 Updated 03-01-2010 PART IV REGULATORY LOCAL LAWS (Chapters 201 -- 500) Chapter 237, CATERERS § 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
pipermaru
Posted:
Member since
Re: Help please!
if county law directly conflicts with state law, state law would trump... same goes for federal when federal conflicts with state - it's a little more complicated than that but i would ask them to point you to the new york law that they say conflicts
