Legal

Ask a Lawyer and Get Answers to Your Legal Questions

Ask a Lawyer,
Get an Answer ASAP!

Legal
This answer was rated:

Hello, My wife and I planned to get married on a dinner

Hello, My wife and I planned...
Hello,

My wife and I planned to get married on a dinner cruise. We signed a contract and paid a $1,800 deposit to secure the arrangements. We then cancelled in 48 hours when we had a family function conflicting with the date. The cruise company offered to allow us to use the deposit at another date instead of refunding it, as the contract states that the deposit is non-refundable. My wife has a business partner who wants to use the deposit for a function, which was approved by the dinner cruise company. The business partner needs to change the date he wants to use the deposit on. There is no contract paperwork for this new event. Now the dinner cruise company is warning that if the second event does not go through the deposit will be void; the new rep is saying we should have used it within a year. Can they do this? There is nothing in writing from the sales manager who booked the original wedding plans that says we have a year to use the deposit. We were told we could use that deposit in the future for another event.
Show More
Show Less
Ask Your Own Legal Question
Answered in 3 minutes by:
8/22/2013
Tina
Tina, Lawyer
Category: Legal
Satisfied Customers: 33,167
Experience: JD, BBA Over 25 years legal and business experience.
Verified

Hello and welcome.

My name is XXXXX XXXXX my goal is to provide you with excellent service today. I am sorry to hear of your difficult situation. Before I can give you an accurate answer to your question, please provide the following additional information:

Does the contract indicate that the deposit will be forfeited at any point?

I look forward to assisting you as soon as I have received this information. Thank you.

Ask Your Own Legal Question
Customer reply replied 4 years ago

Cancelation or Breach of the Passenger Contract. If you cancel or breach this Passenger Contract for any reason besides Force Majeure, you will be responsible for the following cancellation penalties.


 


If you cancel >90 days prior to the cruise date 25% of Total Cost


If you cancel 30-89 days prior to the cruise date 50% of Total Cost


If you cancel <30 days prior to the cruise 100% of Total Cost


 


We shall be entitled to seek any remedies available to us in addition to retaining any payment made by you to collect the cancellation penalties. If payments made by you exceed the penalty amount, we


will return the difference to you as a refund.


 


That's what is in the contract as best as I could type it, wouldn't let me copy and past. We sign the contract on 4/24/2012 for a sail date of Sunday, July 8, 2012.


 


 


 

Thank you for this information, Vince. On what date did you cancel the sail date of July 8th?
Ask Your Own Legal Question
Customer reply replied 4 years ago

Hi, its Erica, Vince's wife. We booked that Saturday. We got home and there was an email from one of his relative announcing her 70th birthday celebration the same week end in NYC. So, that Monday he called our sales rep (who is no longer with the company) to cancel and see if we could get the deposit back. We put the deposit on my credit card and could have cancelled but chose to wait til that Monday to talk to the rep.

Hello Erica and thank you for clarifying that for me.

Since the sail date was canceled 30-89 days before the cruise date, the contract would permit the company to forfeit 1/2 of your deposit based on the information provided here. Instead, they agreed to permit you to transfer it to someone else to use the deposit toward a different sale date, which appears to be a concession they were not required to make under the contract.

However, the remaining 1/2 which is not subject to forfeiture should be refunded to you if the new sale date is also canceled since you would have been entitled to a 50% refund under the terms of the contract you entered into with the company.

I hope this helps clarify the situation for you. Please remember to rate my service once you have all the information you need so I will be compensated for my time from the deposit you posted with this website. If you have any other questions, please ask me – I’ll be happy to respond. Thank you!

Tina

Ask Your Own Legal Question
Customer reply replied 4 years ago

If you cancel >90 days prior to the cruise date 25% of Total Cost on Contract


 


If you cancel 30-89 days prior to the cruise date 50% of Total Cost on Contract


 


If you cancel <30 days prior to the cruise 100% of Total Cost on Contract


 


Sorry, I didn't put the "Total Cost on Contract". The total cost was to be $7,184, 1800 was 25% of the cost. We were wondering since we cancelled within 48 hours, would we be able to get the deposit back, or if that is the reason they the sales rep said we could use it at a future date? So, are you saying they can now put a time frame on the deposit at this juncture?

Hello again,

If the total cost was $7,184, then the company could have retained the entire deposit based on the contract language, and not permitted you to use it toward a different date. That appears to be a concession on their part and they could place restrictions on it since it is beyond what the contract required them to do.

Unless there was a provision in the contract permitting you to cancel within 72 hours without penalty, the contract would normally be binding from the moment you signed it and there would be no right to rescind it for any reason other than a breach by the company. Some people purchase travel insurance to compensate them for these types of circumstances, but if you did not have travel insurance for which you could file a claim, you would normally be out the amount of the deposit unfortunately.

There does not appear to be anything unlawful about the company informing you that the deposit will be forfeited if it is not used on the scheduled sail date. I'm sorry.

I hope this helps clarify the situation for you. Please remember to rate my service once you have all the information you need so I will be compensated for my time from the deposit you posted with this website. If you have any other questions, please ask me – I’ll be happy to respond. Thank you!

Tina

Tina
Tina, Lawyer
Category: Legal
Satisfied Customers: 33,167
Experience: JD, BBA Over 25 years legal and business experience.
Verified
Tina and 87 other Legal Specialists are ready to help you
Ask your own question now

Thank you very much for your positive rating of my service. It has been my pleasure to assist you and I hope you will ask for me should a future legal need arise.

If you receive a Customer Satisfaction Survey from JustAnswer, please consider scoring me a 9 or 10. It benefits my ability to assist you and other customers, and would be tremendously appreciated.

Thanks again and all the best to you.

Tina

Note: Please feel free to request me if you have future legal questions by typing your new question in the question box on my profile page. Here is a link to that page, which you can bookmark or add to your favorites: http://www.justanswer.com/law/expert-tina/. I look forward to hearing from you again should the need arise.

Ask Your Own Legal Question
Ask Tina Your Own Question
Tina
Tina
Tina, Lawyer
Category: Legal
Satisfied Customers: 33,167
33,167 Satisfied Customers
Experience: JD, BBA Over 25 years legal and business experience.

Tina is online now

A new question is answered every 9 seconds

How JustAnswer works:

  • Ask an ExpertExperts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional AnswerVia email, text message, or notification as you wait on our site. Ask follow up questions if you need to.
  • 100% Satisfaction GuaranteeRate the answer you receive.

JustAnswer in the News:

Ask-a-doc Web sites: If you've got a quick question, you can try to get an answer from sites that say they have various specialists on hand to give quick answers... Justanswer.com.
JustAnswer.com...has seen a spike since October in legal questions from readers about layoffs, unemployment and severance.
Web sites like justanswer.com/legal
...leave nothing to chance.
Traffic on JustAnswer rose 14 percent...and had nearly 400,000 page views in 30 days...inquiries related to stress, high blood pressure, drinking and heart pain jumped 33 percent.
Tory Johnson, GMA Workplace Contributor, discusses work-from-home jobs, such as JustAnswer in which verified Experts answer people’s questions.
I will tell you that...the things you have to go through to be an Expert are quite rigorous.

What Customers are Saying:

Mr. Kaplun clearly had an exceptional understanding of the issue and was able to explain it concisely. I would recommend JustAnswer to anyone. Great service that lives up to its promises!

Gary B.Edmond, OK

My Expert was fast and seemed to have the answer to my taser question at the tips of her fingers. Communication was excellent. I left feeling confident in her answer.

EricRedwood City, CA

I am very pleased with JustAnswer as a place to go for divorce or criminal law knowledge and insight.

MichaelWichita, KS

PaulMJD helped me with questions I had regarding an urgent legal matter. His answers were excellent.

Three H.Houston, TX

Anne was extremely helpful. Her information put me in the right direction for action that kept me legal, possible saving me a ton of money in the future. Thank you again, Anne!!

ElaineAtlanta, GA

It worked great. I had the facts and I presented them to my ex-landlord and she folded and returned my deposit. The 50 bucks I spent with you solved my problem.

TonyApopka, FL

Not only did he answer my Michigan divorce question but was also able to help me out with it, too. I have since won my legal case on this matter and thank you so much for it.

LeeMichigan

< Previous | Next >

Meet the Experts:

Tina

Tina

Lawyer

33,167 satisfied customers

JD, BBA Over 25 years legal and business experience.

Ely

Ely

Counselor at Law

24,353 satisfied customers

Private practice with focus on family, criminal, PI, consumer protection, and business consultation.

INFOLAWYER

INFOLAWYER

Attorney

20,727 satisfied customers

Licensed attorney helping individuals and businesses

JPEsq

JPEsq

Attorney

2,132 satisfied customers

Experience as general attorney, in house counsel, SSDI, Family Law attorney, and law professor

Law Educator, Esq.

Law Educator, Esq.

Attorney

42,358 satisfied customers

JA Mentor -Attorney Labor/employment, corporate, sports law, admiralty/maritime and civil rights law

Ellen

Ellen

Lawyer, Consultant

8,238 satisfied customers

25 years of experience helping people like you.

Guillermo J. Senmartin, Esq.

Guillermo J. Senmartin, Esq.

Attorney

292 satisfied customers

7+ years of experience handling various legal matters.

< Previous | Next >

Related Legal Questions
I'm canceling a contract with Home Depot .They said they
I'm canceling a contract with Home Depot .They said they will cancel,but will charge me $2,000 . for cost incurred by them. Can't see how ,because the contract was done last week. … read more
LegalKnowledge
LegalKnowledge
Juris Doctor
28,157 satisfied customers
Breach of contract EMPIRE TODAY- I have a contract for
Breach of contract EMPIRE TODAY- I have a contract for install and removal for flooring. It's day 35! The disaster started 1st day, the salsa person measured incorrectly the worker showed up- yelling … read more
LegalGems
LegalGems
Juris Doctorate
10,717 satisfied customers
A company/individual enters into a contract with another
A company/individual enters into a contract with another company/individual in State A, both doing business/living in State A. One of the parties to the contract defaults on the contract and subsequen… read more
ScottyMacEsq
ScottyMacEsq
Doctoral Degree
17,321 satisfied customers
If i was in contract with someone and didnt complete the
If i was in contract with someone and didnt complete the project on the contactual agreed date but yet finished it on the actual due date of when it really needed to be completed and the client accept… read more
Bill Attorney
Bill Attorney
law
1,604 satisfied customers
I purchased travel insurance from Allianz for a flight 1596
I purchased travel insurance from Allianz for a flight 1596 with American Airlines for Jan. 6th to Saint Maarten. Due to hurricane Irma, the resort was damaged and would not be open until the earliest… read more
Bill Attorney
Bill Attorney
law
1,604 satisfied customers
I'm a contract employee but on the website as sales
Hi Pearl I'm a contract employee but on the website as sales director, and am supposed to participate in meetings. Can I refuse the meetings if I'm a contract worker? … read more
Damien Bosco
Damien Bosco
3,390 satisfied customers
Is there a lawyer that can review a short contract for a
Is there a lawyer that can review a short contract for a loan and just give me an idea that there is nothing suspect in the contract.… read more
TaxAttorneytoHelp
TaxAttorneytoHelp
Owner
Doctoral Degree
2,542 satisfied customers
For contracts, such as ones for freelance writing platforms
For contracts, such as ones for freelance writing platforms or ones where an individual is an independent contractor, is a person always able to get out of them? There is always information on how the… read more
Legal Eagle
Legal Eagle
Attorney
Doctoral Degree
7,385 satisfied customers
This is related to business contracts and what constitutes
This is related to business contracts and what constitutes assignment. Is a transfer of stock (60%) considered an assignment under NY State law? There is not change in the existing company or persons … read more
LawGuy
LawGuy
Juris Doctor
123 satisfied customers
I am a 1099 contract employee living on NC. I am contracted
I am a 1099 contract employee living on NC. I am contracted with a publishing company headquartered in Chicago. There are a lot of issues with this company. However, the most recent has caused me some… read more
Legal Eagle
Legal Eagle
Attorney
Doctoral Degree
7,385 satisfied customers
I am concerned about a contract. The first contract has been
I am concerned about a contract. The first contract has been completed with the work but I am still owed half of the previous contract amount. The new added change contract still needs to be paid half… read more
Attyadvisor
Attyadvisor
Doctoral Degree
7,164 satisfied customers
I have a question regarding contract law. The contract is
The contract is between a company in South Carolina and a company in Hawaii … read more
ScottyMacEsq
ScottyMacEsq
Doctoral Degree
17,321 satisfied customers
The Travelers Insurance Companies have been offering
The Travelers Insurance Companies have been offering "Wedding Insurance", since 2007. I had copyrighted "Catered Affair Cancellation Insurance"sine 1979. I had been offering it yo the Public since the… read more
Legal Eagle
Legal Eagle
Attorney
Doctoral Degree
7,385 satisfied customers
If I signed a contract to with my school and on the contract
If I signed a contract to with my school and on the contract it states "The School no longer assesses students overtime or absent hour charges." and was initialed and signed by me and signed by the sc… read more
ScottyMacEsq
ScottyMacEsq
Doctoral Degree
17,321 satisfied customers
Travel insurance carrier refuses to validate my claim it is
travel insurance carrier refuses to validate my claim it is a conn.based company. can i sue the. the amount in small claims the amount is $6000-. … read more
LegalPro54
LegalPro54
Doctoral Degree
1,258 satisfied customers
If the term of a services contract ends, and the contracted
If the term of a services contract ends, and the contracted work continues for awhile afterward, but it is never fully completed, is the customer liable to pay the original contracted rate in full? Is… read more
Thelawman2
Thelawman2
Doctoral Degree
1,295 satisfied customers
My travel insurance claim provider is requesting that I
My travel insurance claim provider is requesting that I provide proof that I paid for the holiday myself when the only items I am requesting reimbursement on are: Personal affects Emergency visa paper… read more
Bruce Schreiber
Bruce Schreiber
Juris Doctor
211 satisfied customers
I have a big claim against AIG travel insurance and I cannot
I have a big claim against AIG travel insurance and I cannot find a lawyer who takes travel insurance claims. I am thinking about filing a small claims court and wish to file in a claim court with a h… read more
Law Educator, Esq.
Law Educator, Esq.
Attorney
Doctoral Degree
42,358 satisfied customers

DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.

The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).

DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.

The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).

Show MoreShow Less

Ask Your Question

x