Are deposits put down for a service refundable in the UK. I am a wedding singer, and a client saw me perform at a gig and said they are no longer confident. Its only two weeks to their wedding and I have turned down other gigs. I do have a contract that was sent to them, which was never signed. The clients are now claiming since they did not sign my contract they are entitled to a full refund.
System of Law: England-and-Wales
Thank you for your question.
Please could you tell me whether you agreed verbally on the conditions that apply to the deposit?
Did you issue a receipt? If so, what did the receipt say?
Did you have email contact with them where you mention the deposit? If so what does this email correspondence say?
I look forward to hearing from you.
A receipt had not yet been given.Yes we have plenty of contact via email. Including where clients stated they are ready to go ahead and requested bank details and contract.
Thanks for confirming. In your email exchange was there any specific mention of what the deposit was for? Does it say that it was non-refundable?
Also does it say anything in your email exchange about the time limit for cancelling the reservation?
Yes, the clients didn't pay me without a seeing a contract, it was sent with the invoice and they confirmed they read it, so all my terms about cancellation, refundable deposit was very detailed and read before payment, and I have an email where the client said they would SIGN then pay. The only excuse is they did not sign it, but it was clearly stated and read by the client before any monies was exchanged.
Thanks for confirming.
From what you tell me, it is clear that the clients agreed to make a booking in accordance with your terms and conditions. Therefore the fact that they did not sign the contract is of no consequence. The contract exists between you on the basis of your email exchange where you made your terms clear and they accepted those terms.
If their cancellation does not respect the deadline specified in your terms, then you are entitled to retain the deposit in accordance with your terms.
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12+ years of experience // LL.B., Maîtrise en Droit, Masters in EU Law, Pg.Dip.L.P.
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