Trampoline Party on Saturday

[Muddlingalongalone]

Hi
Any advice? Dd1 is due to have trampoline party on Saturday.
Obviously due to Covid19 we can't have it but coz it's still open we are cancelling and due to it being so close to the day we wouldn't get money back. (Email today)
When I call tomorrow can I ask for Force Majeure to be applied and for refund?

In short, no, it can't be applied retrospectively. It needs to be included as a clause in the contract with a degree of specificity. What does your contract say about unforeseen circumstances?

Nothing specific about unforeseen circumstances but these are the relevant clauses - extreme circumstances in the cancellation policy???
Any more hope for me & dd?

FORCE MAJEURE AND LIMITATION:

Where the event is prevented, frustrated or delayed due to force majeure (including but not limited to riot, strikes natural catastrophe severely adverse weather, power failure, road closures) or any other cause beyond its control, XXXXX liability will limited to refunding in full or part (XXXX option) or rescheduling the event at a future date convenient to all parties. Not withstanding the generality of the above please note that all events may start late or overrun due to unforeseen delays.

CANCELLATION POLICY:

All cancellations must be received in writing. No verbal cancellations will be accepted. All cancellations made within 7 days of the event date will be charged in full. No cancellations will be refunded on the day of the event and if you do not attend your event, arrive late or choose not to participate unless under extreme circumstances, which will be at XXXX discretion.

Could you ask to postpone instead or take a credit note?

Thanks - I rang them yesterday & got a credit note for use in the next 18 months.
If they get told to close before my party, lady on the phone said it would trigger insurance & I could get a refund.

It’s unlikely to be a term of their insurance policy. Only very large companies could afford the bespoke cover for a pandemic.

It’a not you that calls force majeure, it’s them, they do not have to.and if they do it, it is for every customer, not just one.

I think it is highly likely they will not give you your deposit back, I’d ask for it to be rescheduled to a date later in the year, more hope of that.