Spin-OFF to cancelling a Contract

Someone posted yesterday they had to cancel the contract due to the PP amount and the payment plan...

on the thread someone post about suffolk RH having to re - funding the money? Is that true? How do I look that up?

it is a law, but it depends on your contract.

i had to cancel with a hall in suffolk 2 years ago. I cancelled 7 months before the wedding and we didnt get the money back.

What they did was leave 3500 of the 4000 on file for us to use at another time. We threw my brother a surprise 30th birthday party there with the money.

I even had my boss who is an attorney send them a letter and nothing.

---

Posted by WeezyGirl2354

I actually heard about this too - when we first started looking at halls we went to one in Suffolk and the guy told us about that law. Which I had NOO idea about when we first started looking so it was good to know!

---

is there a place online - i can read up on this????

We were told by our RH that in suffolk county you can receive all your money back minus 500 for bookkeeping fees up to 6 months before the wedding. After the 6 months prior you lose it.

HTH

---

Posted by Kuklitsa143

---

Posted by WeezyGirl2354

I actually heard about this too - when we first started looking at halls we went to one in Suffolk and the guy told us about that law. Which I had NOO idea about when we first started looking so it was good to know!

---

is there a place online - i can read up on this????

---

I am sure there is - maybe just try googling it. I am sure some kind of Suffolk legislature site might have the information.

Catering Hall Info Link

here ya go!

---

Posted by The Cassie

it is a law, but it depends on your contract.

i had to cancel with a hall in suffolk 2 years ago. I cancelled 7 months before the wedding and we didnt get the money back.

What they did was leave 3500 of the 4000 on file for us to use at another time. We threw my brother a surprise 30th birthday party there with the money.

I even had my boss who is an attorney send them a letter and nothing.

---

How can this be? The law in Suffolk Co. would supercede the contract, unless you entered into the contract before the law was passed? I am so curious as a law student how this could happen.

---

Posted by DWKSwed

---

Posted by The Cassie

it is a law, but it depends on your contract.

i had to cancel with a hall in suffolk 2 years ago. I cancelled 7 months before the wedding and we didnt get the money back.

What they did was leave 3500 of the 4000 on file for us to use at another time. We threw my brother a surprise 30th birthday party there with the money.

I even had my boss who is an attorney send them a letter and nothing.

---

How can this be? The law in Suffolk Co. would supercede the contract, unless you entered into the contract before the law was passed? I am so curious as a law student how this could happen.

---

Actually, I have the feeling the law is relatively recently passed, but I'm not 100% on that.

---

Posted by FutureMrsPanuch

We were told by our RH that in suffolk county you can receive all your money back minus 500 for bookkeeping fees up to 6 months before the wedding. After the 6 months prior you lose it.

HTH

---

this was what we were told too. but when it came down to it. we cancelled 7 months before the wedding and they kept the whole deposit and we couldnt get it back.
we threw another party there so we wouldnt lose the money completely

---

Posted by DWKSwed

---

Posted by The Cassie

it is a law, but it depends on your contract.

i had to cancel with a hall in suffolk 2 years ago. I cancelled 7 months before the wedding and we didnt get the money back.

What they did was leave 3500 of the 4000 on file for us to use at another time. We threw my brother a surprise 30th birthday party there with the money.

I even had my boss who is an attorney send them a letter and nothing.

---

How can this be? The law in Suffolk Co. would supercede the contract, unless you entered into the contract before the law was passed? I am so curious as a law student how this could happen.

---

signed my contract in november 2007. wedding was supposed to january 2009. canceled in may 2008. they wouldnt return my phone calls or emails. my lawyers letters nothing. and i begged them in an email bc my dad was dying and i could have really used the money for him at the time.

in the end it worked out bc we threw a party there in December with the deposit and it was great.

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.