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Kimberly
Beginner September 2021

Venue won't postpone, won't return deposit. What do i do?

Kimberly, on May 26, 2020 at 5:01 PM Posted in Community Conversations 0 10

I had a Sept 18th, 2020 wedding planned at Trentadue Winery, in Geyserville, CA. We decided to postpone as my family is from New York, my husband's family is from Mexico and due to the fact that I lived abroad in Spain for a few years attending business school, 60 of the guests are from outside of the US. In March, when I was well within the 180 days terms of my contract to cancel with a refund, I reached out to my vendor to ask what options I had about postponing. I was assured that of course they would work with me to reschedule. Yet once I was past my 180 days and reached back out in late April to say "ok, things aren't getting better we need to postpone to 2021" they said they would not do it. They said they're confident things would open back up and everything would be just fine. The issue is, our guests (including family) has told us they are not comfortable attending. My finance and I are postponing, regardless, even if it means we have to pick a new venue and pay all over again. My question is, has anyone else gone through this? Has anyone considered hiring a lawyer to try to recoup deposit fees? I have it in writing that the venue agrees that "yes usually we'd let you postpone but because of what's going on we can't".

Wondering if anyone else is in the same boat and what if any action are you planning on taking.

10 Comments

Latest activity by Zara, on March 27, 2021 at 8:56 PM
  • Leanne
    Super September 2020
    Leanne ·
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    Do you have anything in writing from when they said they could reschedule previously? What is in your contract about cancellations? Depending on how much you guys have invested in the venue, I would consider getting a lawyer and letting them know you are going to seek legal counsel if they are unable to work with you. Hopefully once they hear that they will accommodate.
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  • Elizabeth
    Super June 2021
    Elizabeth ·
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    Leanna summarized everything I was going to say. Anything you have in writing at all will help you here!

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  • Kimberly
    Beginner September 2021
    Kimberly ·
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    Yes, the contract says that you may cancel (and receive a partial refund) or postpone (for a small fee), and I have an email prior to my 180 cut off date where the coordinator says they will let me postpone. I also have an email where they state that in normal times they would allow me to reschedule but due to what's going on they can't. They're arguing that while I did contact them prior to the 180 days that I only asked about postponement and not cancelation so therefore they don't owe me the deposit.

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  • Katie
    VIP August 2020
    Katie ·
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    Kimberly, I’m so sorry! Maybe you already did this, but ask for a manager and express you want to ensure they get the business. You anticipate a much higher attendance next year that will bring a higher revenue to their company. Due to your guests coming internationally, you want to ensure their staff and your guests are safe. Hope this helps!!
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  • N
    Dedicated July 2020
    N ·
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    You may lose your deposit but I’d not make any further payments. I just wonder if you wait until July people might change their minds. My wedding is in July postponed from April (and a micro DW for everyone that’s at least 10-15 hours drive so flying is likely) and while we’re not having a reception and only invited immediate family we’ve actually heard from friends that they would have liked to attend. So we’re trying to reevaluate as that took us by surprise because we didn’t think people would want to come so soon after.


    To your original question, I have not contacted an attorney about any of my deposits I lost and my instinct from seeing posts on here and elsewhere is that mostly you're stuck with whatever the vendor wants to permit. Wedding industry contracts are pretty one-sided and most companies are finding that cancellation (or force majuere clauses) don’t really cover this type of issue. I’m sure they would argue they shouldn’t be held responsible because your family can’t attend as long as they are legally allowed to host an event-of your contracted size. I’m all for at least having an attorney review and send a strongly worded letter though. Sometimes it works, but your chances of getting money is probably slim and would likely require going to small claims court which for you is probably in California since that’s where your venue is. So just some things to factor as your figure out financial impact.
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  • Kimberly
    Beginner September 2021
    Kimberly ·
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    Katie, that's the problem. The site fee is the same regardless of whether I have 10 guests or 150 guests (my caterer is an outside company). So they really don't have any incentive to reschedule me.

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  • Rebecca
    Master August 2019
    Rebecca ·
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    Leanne's advice is excellent.

    I would also add that CA has a stay-at-home order through July, which means that most gatherings are unlikely to be allowed, even in September. They may be forced to postpone by the end of June... but I also understand you might not be able to wait that long.

    I'd certainly reach out to them again, with your documentation, and remind them of your conversation in April. Start talking to lawyers, too.

    Good luck!

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  • W
    VIP September 2020
    Willow ·
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    Cite to that email where they assured you that you could postpone, and tell them that you "reasonably relied" on their representation. Had you known they would go back on their word, acting in "bad faith," you would have cancelled. Advise that you will be pursuing a small claims suit if you don't get a full refund within x days, you will be complaining to the BBB, and posting a bad review with the emails attached on every site available.


    If they don't pay up, follow through with small claims and BBB and reviews. Attach a copy of the email where they said yes you can postpone, a copy of your contract where it says you can cancel outside 180 days, and the email where they did the bait and switch on you.
    You reasonably relied on their assurance that you could postpone. You would have been well within your rights to cancel when you first asked. It costs about $50 to file something in small claims, and in my state at least, you're not allowed to use a lawyer. Once they see the forms, they'll cough up your money. If they don't show up to court, you'll get a default judgment against them. There are several ways to collect. Google "small claims legal clinic". There should be free legal services that help with this sort of thing.

    Good luck!
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  • Anna
    Super August 2020
    Anna ·
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    It seems rather common for couples to have to wait for their venue to make the call and say the wedding can’t happen. That’s the case with ours. We are August 8th and still not able to postpone because they are optimistic. I am 100% sure it’s not going to happen (250+ guests), but we have to wait for them to make the call. Just how it is. I think we will find out next week but if not I do plan to go ahead and tell all my guests it’s cancelled.
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  • Kimberly
    Beginner September 2021
    Kimberly ·
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    Yes, that's exactly what my venue is doing. Making the decision in the month and they've told me they're "optimistic". There's no way I can see states allowing weddings of 150+ people plus, even if it's outdoors. We've already told our guests its postponed.

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