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Deposit refund from hotel

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  • 26-08-2008 11:09pm
    #1
    Senna
    Registered Users Posts: 8,800 ✭✭✭


    just a quick question,
    say i paid a deposit for a wedding at a hotel, but now say i'm thinking of moving venue. In the hotels brochure it says that deposits are non refundable, but can they keep the deposit and still take another wedding booking for that day? I know they will take another booking, that obvious, the question is can they keep the deposit also?
    Just say there was no contract, so its not spelled out anywhere.


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    #2
    MagicMarker
    Banned (with Prison Access) Posts: 32,865 ✭✭✭✭MagicMarker


    It is spelled out, the deposit is non refundable.


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    #3
    jhegarty
    Registered Users Posts: 6,440 ✭✭✭jhegarty


    Yes they can...

    Non refundable means just that


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    #4
    Senna
    Registered Users Posts: 8,800 ✭✭✭Senna


    ok ok, the reason i ask is in northern ireland, if a hotel takes a deposit for a bedroom, but you cancel it, they have to refund the deposit if the room is sold, i.e. hotel is full on that night.

    I thought there might be something similar in place here, also just because a brochure say the deposit says its not refundable, doesn't mean it is. Its a brochure not a contract, god only knows who wrote it.


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    #5
    miju
    Banned (with Prison Access) Posts: 8,486 ✭✭✭miju


    surely when paying the deposit you signed some kind of agreement agreeing to terms and condition ??????

    Anyways, a non rerundable deposit is just that.


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    #6
    jahalpin
    Registered Users Posts: 1,031 ✭✭✭jahalpin


    Senna wrote: »
    ok ok, the reason i ask is in northern ireland, if a hotel takes a deposit for a bedroom, but you cancel it, they have to refund the deposit if the room is sold, i.e. hotel is full on that night.

    I thought there might be something similar in place here, also just because a brochure say the deposit says its not refundable, doesn't mean it is. Its a brochure not a contract, god only knows who wrote it.

    Northern Ireland is in the UK and subject to different laws.

    By paying a deposit, you are entering into a legally binding contract with the hotel and are subject to their terms and conditions, which, you admit that you have read by reading the brochure. The brochure is written by or on behalf of the hotel, therefore, as long as you are concerned the hotel wrote it.


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    #7
    Davidth88
    Registered Users Posts: 3,181 ✭✭✭Davidth88


    Write to the hotel in question and request nicely for the money back ( as other posters have pointed out they don't HAVE to give it back ).

    Give them a sob story along the lines of ' oh the wedding is cancelled now ' or something, ie don't tell them you are moving the business...... if it's not for a while , and typically this would be a year away or something , any hotel mgmt with a heart would give you the money.


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    #8
    sunny2004
    Registered Users Posts: 2,538 ✭✭✭sunny2004


    I am at a loss why everyone here is saying its non refundable ?

    The man said its in the brochure.. did the person taking the deposit ask him to confirm he read all the brochure ?

    Unless they told you directly and put it in writing that you were not getting your money back then you have a leg to stand on.. other issues are how close to the date it is ?

    Anyway, good look..


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    #9
    Davidth88
    Registered Users Posts: 3,181 ✭✭✭Davidth88


    I am at a loss why everyone here is saying its non refundable ?

    Because in the OP
    In the hotels brochure it says that deposits are non refundable,


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    #10
    craichoe
    Closed Accounts Posts: 2,706 ✭✭✭craichoe


    sunny2004 wrote: »
    I am at a loss why everyone here is saying its non refundable ?

    The man said its in the brochure.. did the person taking the deposit ask him to confirm he read all the brochure ?

    Unless they told you directly and put it in writing that you were not getting your money back then you have a leg to stand on.. other issues are how close to the date it is ?

    Anyway, good look..

    Its a deposit .... What would be the point in giving them a deposit to keep a room if its refundable ?


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    #11
    MOH
    Registered Users Posts: 6,465 ✭✭✭MOH


    You would have signed a contract with the hotel - that should state what the story is with the deposit. Some hotels will refund it if they re-sell the date, but if the contract says it's non-refundable, that's pretty clear. I wouldn't think what the brochure says is relevant, unless the contract includes the terms in the brochure


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    #12
    axer
    Registered Users Posts: 5,517 ✭✭✭axer


    Firstly non-refundable. If it does say this then the hotel can keep the deposit since they can claim that they could have had x wedding on that day if you had not booked it.

    If it does says non-refundable you could always chance your arm to try and get it back but remember the hotel is legally allowed to refuse the return of the deposit.


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    #13
    jor el
    Closed Accounts Posts: 16,713 ✭✭✭✭jor el


    sunny2004 wrote: »
    I am at a loss why everyone here is saying its non refundable ?

    Apart from the fact that it says it's non-refundable, deposits are generally non-refundable anyway, except if there are conditions attached that allow for a refund. Consumer laws do not give you the right to have a deposit refunded.

    The OP should call the hotel, or write a letter, asking if it's possible to have the deposit refunded, in part of in full. You could say that if they're able to re-sell the date, then would they consider the refund, but understand that you have no right to it, so it's at their discretion.


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    #14
    Slice
    Closed Accounts Posts: 1,133 ✭✭✭Slice


    I think the point that everyone seems to be missing is that the purpose of the deposit is to secure the venue / hotel in question - if the hotel subsequently fails in their obligation to do this by booking the venue for someone elses wedding then surely they would be obliged to return the deposit?


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    #15
    miju
    Banned (with Prison Access) Posts: 8,486 ✭✭✭miju


    jesus slice talk about turning the argument on its head slice LOL :) Your are correct in your assertion however, the OP says she / he is looking for deposit back as they are looking to move venue not the hotel cancelling the available date.

    The hotel is still providing the service and offering the venue to the OP. It is the OP who wants to change venue and therefore hotel is not at fault in any way here.


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    #16
    axer
    Registered Users Posts: 5,517 ✭✭✭axer


    Slice wrote: »
    I think the point that everyone seems to be missing is that the purpose of the deposit is to secure the venue / hotel in question - if the hotel subsequently fails in their obligation to do this by booking the venue for someone elses wedding then surely they would be obliged to return the deposit?
    The venue/hotel do not have to keep the slot open if the bookee does not go through with the booking. If the OP didnt tell the hotel and the hotel kept the slot open on the night of the event then the hotel could charge the OP the full price ergo the deposit is showing an interest to purchase the service which is not the same as actually purchasing the service.

    The reason they would have a non-refundable deposit is to stop people constantly changing their minds coming up to their weddings leaving the hotel with an empty venue for that date. The hotel have every right to do this.


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    #17
    Slice
    Closed Accounts Posts: 1,133 ✭✭✭Slice


    Yea but the OP wouldn't be breaking any agreement until it's been shown that they failed to avail of the service and pay the rest of the money due - that doesn't happen until the time of the wedding itself. At that point the hotel could exercise the option to pursue the OP (through small-claims I'd imagine) for the balance due for the event.

    Whereas if the hotel go ahead and book another wedding for the same time, while holding on to the OP's deposit, it could be argued that the hotel broke the agreement first. The point that the OP didn't intend to avail of the service would be a mute one because the OP was prevented from availing of the service due to the fact that the hotel was double-booked for another occasion in the first instance.

    And that's why the deposit should be returned if the hotel gets booked for another wedding


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    #18
    axer
    Registered Users Posts: 5,517 ✭✭✭axer


    Slice wrote: »
    Yea but the OP wouldn't be breaking any agreement until it's been shown that they failed to avail of the service and pay the rest of the money due - that doesn't happen until the time of the wedding itself.
    That depends on the contract itself.
    Slice wrote: »
    At that point the hotel could exercise the option to pursue the OP (through small-claims I'd imagine) for the balance due for the event.
    Not the small claims court since that is for consumers only but yes if the contract was broken then they could sue the OP.
    Slice wrote: »
    Whereas if the hotel go ahead and book another wedding for the same time, while holding on to the OP's deposit, it could be argued that the hotel broke the agreement first.
    Not if the OP cancelled. That would mean the contract was terminated. I'm sure it said in the contract that if the contract is terminated before completion then deposits are not refundable.
    Slice wrote: »
    The point that the OP didn't intend to avail of the service would be a mute one because the OP was prevented from availing of the service due to the fact that the hotel was double-booked for another occasion in the first instance.
    The hotel would not double book - they would only book someone else if the OP cancelled.
    Slice wrote: »
    And that's why the deposit should be returned if the hotel gets booked for another wedding
    The whole idea of a deposit is to stop people just cancelling for whatever reason. It gets only people that are serious of actually using the venue. It would be no use if it was refundable since there would be no reason to not cancel. Maybe there would be a term that allows a refund of a deposit if it is cancelled before 3 months to the event or something like that but that is down to each individual contract i.e. whatever terms are argeed are agreed (unless they can be proven to be unfair terms in which case a party could contest the contract in court). That is why the OP needs to look at the agreed terms in the contract to see if he/she is entitled to a refund of the deposit.


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    #19
    Senna
    Registered Users Posts: 8,800 ✭✭✭Senna


    Senna wrote: »
    in northern ireland
    Senna wrote: »
    might be something similar in place here
    jahalpin wrote: »
    Northern Ireland is in the UK and subject to different laws.
    :rolleyes:


    thanks for the replys, firstly i'm not getting married (thank god:D) its a couple i know. They definitely didn't sign any contract so there is very little terms and conditions, bar what was in the brochure.
    I know some hotels will give a deposit back if another wedding is booked for the particular date, but that might be just a gesture of good faith rather than a legal obligation.
    They're going to talk to the hotel this weekend, the reason they are moving venue is because the price went up by so much, i think they were told the price would go up by about 5% but its went up by a lot more, not sure how much. I told them because they hadn't signed a contract and didn't ask for a confirmed price they had little recourse, but they might get some discount if they try.


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