Hi! I wondered if anyone would be able to help with a covid related refund question. Sorry it’s long, I’m trying to be really exact about the situation. Happy to provide other information if it would be helpful.
In August 2021 I booked a hairdresser/MUA to do hair and makeup for my wedding in October 2021; I paid £315 in total for a hair and makeup trial for me only, and then hair and makeup for me, my mum and my bridesmaid on the day of the wedding. The bulk of the services were therefore to be delivered on the wedding day itself. I can provide a full breakdown of the costs of each individual service agreed.
Half of the total was paid as a deposit on the day of the trial, and half the week before the wedding. The deposit was described as non refundable in the following terms: ‘Half of the amount is due on the trial. The deposit paid on the trial is non refundable should you wish to cancel my services after the trial, but no more money will be owed afterwards’. No other written contracts terms were agreed.
The day before the wedding the hairdresser contacted me to say she had COVID and couldn’t do the work, so would refund me for ‘tomorrow’s costs’. However, when the refund arrived it was for £160, rather than the £235 I expected. I have messaged to query this and received no response.
I’m keen to understand the legal position here before taking any more action, and have looked at the CMA guidance concerning COVID and weddings and various websites to try and understand what would apply. I think I understand the principles at a basic level, but have a few questions I’m not sure of the answer to:
- the CMA published specific guidance to the wedding industry in autumn 2020, mostly pertaining to lockdown but discussing other legal restrictions related to COVID. Is it reasonable to assume this guidance is still applicable to the remaining legal restrictions?
- would the self isolation rules be likely to lead to the contract being frustrated in this case?
- as a force majeure clause wasn’t agreed, presumably force majeure doesn’t apply?
- is there a legal argument/perspective which would say the hairdresser is allowed to keep the non refundable deposit?
I realize it’s probably not worth bringing a money claim for £75. However, I’m annoyed by the hairdressers behavior and would like to know if I’m justified in my annoyance from a legal perspective! 😂