My sister is getting married in New Orleans in April. They made a deposit on a place and then cancelled a few months ago because of COVID. The event space said they couldn't return the deposit bc it was extremely unlikely that they'd be able to find another party for that day. Fast forward to this week, sister emailed the space to ask about using the rooftop for a small gathering. They said it was not available because another party had just booked it. My sister then asked, if given that it had been rebooked, their deposit could be returned. She received in return (what I saw as a condescending email) saying the deposit could still not be returned because the new booking was at a discounted rate and still wouldn't add up to the amount in my sister's original contract. I understand how much the industry is suffering, but given that they were able to re-book for the date in question, it doesn't seem reasonable for my sister to bear the brunt of the cost. For example, if you break a lease and then the landlord successfully rents the unit they cannot continue charging you (at least where I live in CA). Thoughts? How would you handle it?
They need to refund her the cost of the rooftop space. It was their decision to rent the space at a discount, not hers.
what does the contract say? Second, they should at least refund the difference between the discount and what she paid. Otherwise, unjust enrichment.
How i would handle is by getting a local attorney to call them.
So she paid a 3k deposit and they refunded her 1k when they canceled due to Covid but they said they couldn’t refund the whole deposit bc it was ‘extremely unlikely’ that they’d rebook
oh, so THEY canceled? She should get the whole thing back. Call a local attorney to give them a call. Or try telling them she will sue them in small claims court as a first start, and escalate if that doesn't work.
sorry i mean my sister canceled and the venue refunded her 1k
Less strong ground then, but she should try. Check the contract - there may be a clause re: acts of God, etc. And in any event, they cannot profit off of this by keeping any overage. If the small claims threat doesn't work, have her contact a lawyer.
She also has friends in the restaurant business and in the email the venue said they have almost no bookings but a friend told her that‘s not the case.