WIBU to query why it's not a full refund?

[cherrypie314159]

DCs prom was scheduled for early July. It was postponed to late August in the hope that the current situation would have improved enough for it to go ahead by then. I've received an email from school this morning to say it's been completely cancelled now, and not going to be rescheduled again.

The ticket was £50. A £20 non-refundable deposit was payable by November 2019. The £30 balance was payable by February 2020.

The email said we will get the £30 back, but not the £20 as it's non-refundable. But surely they can't uphold that when it's them doing the cancelling? There are approx 200 kids per year group - that's potentially up to £4,000 that the venue (or the school?) are pocketing? This can't be right?!

Perhaps venue offered to postpone but that's not realistic for the school so venue wont refund?

What part of "non refundable" is causing confusion ?

I think the clue is in the words 'non-refundable'.

Ask the venue?

I agree that it's possible the school has decided to cancel, not the venue, so they are not die a full refund. If the venue cancelled then yes, I would expect a full refund.

Maybe volunteer yourself to help the prom organiser/committee try and get more of a refund from the venue? I’m sure they’d be grateful for the help.

You could ask but I’d do so in a gentle manner.

It’s non refundable, so of course you don’t get it back.

It’s non refundable, so of course you don’t get it back.

I would expect that if the OP was the one cancelling but she isn’t. The deposit is there to cover the supplier’s costs and not leave them out of pocket if the customer pulls out.

I'm absolutely sure that the school is not pocketing this money. Presumably they can't get it back from the venue under the terms of the booking.

Personally I don’t think the non refundable bit can be enforced if the venue are cancelling. It doesn’t seem right and if they won’t pay the school insurance should cover it. You should not be out of pocket...

I’d expect a full refund under these circumstances. Everyone knows what non refundable deposit means. It means if you cancel. But you haven’t. Either the school or venue has. It depends whether the school has acted as a middle man (taking the money for the venue) or as an actual organisation that is putting on the event.

Contact the prom committee and ask why there isn’t a full refund. If they tell you it’s the venue who have cancelled but withholding the deposits then gather a whole load of other parents and approach the venue as a group and request the return of deposits.

I would query it .

My holiday is cancelled . I am getting a full refund . My deposit was non refundable however the holiday is no longer available

I don't know why people are being rude saying the clue is its non refundable its completely different situation than the norm. I'm wondering if its the school cancelling not the venue I would check. In situations during the pandemic weddings or holidays that were cancelled with non refundable deposits were refunded or transferred.

Definitely query it. Unless they already spent the money and can’t get a refund then they are being massive CFs.

To those saying thats what non refundable means, can someone just go ahead and start creating multiple events and take non refundable deposits from hundreds of people only to cancel all the events and pocket the money? Sounds like a fraud to me.

Of course they should refund the full amount. Non refundable is only for if you cancel but not if the whole event is cancelled.

I would expect that if the OP was the one cancelling but she isn’t. The deposit is there to cover the supplier’s costs and not leave them out of pocket if the customer pulls out.

So you say. But unless you wrote that into the T&Cs, the OP is bound by what they say.

"Non refundable" is pretty self-explanatory and has no special meaning in contract law. It's usually intended to cover costs that are due whether an event happens or not. After all, someone, somewhere did some work to arrange this, and they have been paid for it. In such cases, the T&Cs the customer agrees to are the key.

I bet what’s happened is the venue have offered to rearrange (again), to the same time next year. The school know y13 don’t want a prom a year after they’ve left, so it won’t happen, so they’ve cancelled. Hence no refund. I believe a similar thing has happened with y6 residentials - the places are happy to rearrange a year later but realistically the year group won’t go then. It’s different to a wedding or whatever where people probably are happy to postpone for a year.

It’s non refundable, so of course you don’t get it back.

That really is not how things work, we rightly have considerably consumer protection law in this country, you cannot simply say "non-refundable" and refuse to refund when you choose to cancel, it would be a great way for disreputable businesses to make money.

The CMA's opinion is quite clear, full refunds should be available in this case:
www.gov.uk/government/publications/cma-to-investigate-concerns-about-cancellation-policies-during-the-coronavirus-covid-19-pandemic/the-coronavirus-covid-19-pandemic-consumer-contracts-cancellation-and-refunds

Of course, here we are in a slightly different situation with it being a school, and you may not want them to lose the money, so you may choose not to pursue it - but there's certainly an expectation that a full refund should be available and I cannot see any successful defence that the school would have in not offering one.

@ProfessorSlocombe

What part of "non refundable" is causing confusion ?

The fact that in contract law, blanket statements of this kind are generally unlawful.

@sirfredfredgeorge - Beat me to it, and did a better job too

If the venue had offered to postponing to next year, then the school should take that and then can refund next year when new year deposits are paid.
School can't find the deposit itself I imagine so this would be better than just losing the money?

The venue will have postponed it, the school know that won’t work so have cancelled it. Therefore the deposit won’t be refundable.

I bet what’s happened is the venue have offered to rearrange (again), to the same time next year. The school know y13 don’t want a prom a year after they’ve left, so it won’t happen, so they’ve cancelled. Hence no refund. I believe a similar thing has happened with y6 residentials - the places are happy to rearrange a year later but realistically the year group won’t go then. It’s different to a wedding or whatever where people probably are happy to postpone for a year.

I imagine this is exactly what happened. Perhaps not for next summer, but for a date that doesn’t work as it’s after Yr11/13 have left. The venue won’t be obliged to give a refund if they’ve offered alternative dates. Or that is my understanding anyway.