Daughters party Deposit

[anonqrtb]

This has (undeservingly) taken over my day and I need some perspective if I am being unreasonable, and if i'm not - what the hell can I do about it?!

Booked and paid £50 deposit for my daughters 2nd birthday party at a role play centre close by in March/April time. (Party is for end of September)

I have since decided to do something smaller at home so have emailed to cancel and have been told my deposit is non refundable.

To be clear:
At no point on either their facebook page, website or emails back and forth was it described as Non-refundable. I have triple checked everywhere, it does not state its Non-refundable.
The party is for the end of September, so over 10 weeks away. If I was cancelling like 2 weeks before I wouldn't even query it.

I am massively pissed off about it, and have explained so in my email to them. Its mainly pissing me off because it just feels like greed? They have 10 weeks to either book another party, or just open as a normal session which given its a Saturday will quickly fill slots.
Whats more annoying is this is somewhere we go often, and I would of spent way more than £50 there over the next few months. But now it's put a massive sour taste in my mouth.

Any suggestions on how I can get my money back? So far my last email has gone unanswered.

YABU - You paid a deposit and should not expect it back
YANBU - Its cheeky fuckery.

The deposit is your confirmation to the seller/service provider that you will fulfil your side of the contract - in this case use the premises for the party on the agreed date for the agreed amount. That is what a deposit is for so I don’t think that you can reasonably expect it back.

What did the contract say?

No of course you can’t get it back. That is the point of the deposit. You have held the dates for months.

No contract, just a few emails confirming dates/times/whether food was wanted etc. Then a payment link sent to 'Secure my booking'

At which point you secured the booking by paying the deposit! What would be the point of deposits if they are fully refundable?

I would have presumed the deposit would be non refundable even if it didn't specifically say so. That's pretty normal surely.

What made you think your deposit would be refundable?

That is generally what a deposit is, it is to secure your booking and an intention to commit.

I'm happy to accept if im unreasonable, Although it will still leave a sour taste in my mouth.

I've booked many things before with a deposit that's been refunded if needed, infact i'd say its more often refunded then isn't in my past experience.

I appreciate I've held that date for a few months, but its also now free for a few months. Even if its not re-booked as a party, they will reopen that session as a normal session and have 20 children paying atleast £8 each.

They will more than make their money back. Its too early for them to have brought any food, arrange extra staff etc.

So realitically, my money has gone towards nothing at this point. There is no moral reason to keep it as far as i can see, they haven't and will not loose out on my cancellation.

Deposits are asked because people change their minds and businesses need to ensure customers don't take the piss. Expecting your deposit back is taking the piss - they might have had other customers who could have booked that date who went elsewhere.

Yabu, a deposit is non refundable.

A deposit is invariably none refundable. I would never have thought any different even if it didn’t explicitly specify. Sorry OP!

I have always assumed that any deposit I pay for something would be lost if I cancelled. Whether it's a party, a service, a cake...anything.

That's the whole point of a deposit.

Deposits are usually non refundable unless stated you entered a contract for a service you don't want it so the place kept the money so they were not out of pocket.

Meh - I guess i am being unreasonable. I will take it on the chin, albiet annoying

I've booked many things before with a deposit that's been refunded if needed, infact i'd say its more often refunded then isn't in my past experience.

Really? I find that very unlikely and it's not my experience at all. A deposit is not normally refundable, if it was there would be no real reason to take the deposit in the first place.

It's not about the fact they've not lost out. It signifies that there is an agreement in place and acknowledges the intention of honouring that agreement.

I’m more impressed you booked a kids party in March for Sept!

Did anything you signed or clicked on call it a deposit? If an advance payment isn’t specifically categorised as a deposit and there is no information about returning it or the nature of the payment then it will be classed as a part payment rather than a deposit and it is assumed to be refundable if the contract isn’t fulfilled.

If they didn’t actually call it a deposit anywhere you can try emailing them that legally it’s a part payment and therefore refundable, and you’ll raise a claim in the small claims court if they don’t refund.

(I wouldn’t advise actually raising a claim because the hassle isn’t worth it for £50 but the threat might make them return the money).

You are absolutely being unreasonable. It really is the norm for deposits like this to be non-refundable and you changed your mind months later, not a couple of days later. As someone else said deposits are to ensure people don't mess them around and take the piss. Given you said you've had many refunds in the past it sounds like you frequently mess companies around and cancel bookings. Maybe you need to be more certain in your decisions before making a booking.

Your deposit held the date for you and you've now decided to make other plans. You're not cancelling for an unavoidable reason.

They will have spent time on admin for you and they will have turned other people away since you paid the deposit, that's why it's non refundable.

They may get other bookings, but that's not guaranteed.

It's completely normal to lose the deposit. Most businesses do this. Yes, it would be a good idea for them to have a contract - it would help them avoid people who make bookings they aren't committed to.

Legally, you could probably force them to return it, if they can't prove you were made aware. Bear in mind that small businesses get a lot of people messing them around though. Ultimately it means they can end up closing if enough people do this.

Out of interest, would you have still paid the deposit to hold the date if it was called a 'non refundable deposit'?

Lolll, serial business messer, thats me - you caught me!
Shit changes, things have to be moved or cancelled or re-arranged. It's life. I may not be certain about my previous bookings, but I am certain you are not my cup of tea.

@Shielehdie - I just checked this and i do have an email saying 'Deposit Payment' - but thats good to know, thank you for that!

If it's described as a deposit, and it doesn't explicitly say it's refundable, the legal position is that it's not refundable.

https://www.herrington-carmichael.com/is-a-deposit-always-non-refundable/

You can ask nicely, but they might well say no.

thats the whole sort of concept of deposit?yabu

In that case I suspect you’ll have to take it on the chin but I’m with you that it’s completely money-grabbing from the company, and short sighted since they’ve lost a regular for the sake of £50!