How To Get Money Back From Wedding Venues

Getting married is an expensive business, and with the average wedding costing thousands, it's a blow to any couple if they have to cancel their plans. But can you get your money back from the venue? It depends on the contract. If there is no contract, common law may apply, and the venue owner must try to re-rent the venue for the date in question. If they manage to do so, they must return your deposit. However, if they can't find another customer, they are entitled to keep your deposit. If a signed contract is in place, the venue may be able to keep your money, depending on the specific terms.

What if the venue cancels due to an Act of God?

If your wedding venue cancels due to an Act of God, the first thing you should do is carefully review the terms of your contract. The contract may include a force majeure clause, which excuses contract performance in the event of an Act of God. Force majeure clauses list a series of events that make contract performance impossible by no fault of either party, such as an Act of God, natural disasters, fires, weather conditions, power failures, strikes, riots, embargos, and more.

If your contract includes a force majeure clause, your obligation to pay may be excused. If your contract does not include such a clause, you may be able to argue an alternative legal theory, such as "impossibility of performance," where you must show that the cause of the impossibility was not foreseeable.

In the case of a venue cancelling due to an Act of God, you may be able to get a refund or a rescheduled date. However, it is important to carefully review the contract and understand the venue's cancellation practices. If you want additional protection, you can purchase wedding and event insurance with cancellation coverage. This can provide you with peace of mind in case of unforeseen circumstances.

What if the venue goes out of business?

If your wedding venue goes out of business, there are a few steps you can take to try and get your money back. Firstly, check your contract to see if there is any clause related to cancellation or closure. If your contract includes a "force majeure" clause, it may excuse the venue from their obligations due to unforeseen circumstances. However, if the venue breaches the contract and the "force majeure" clause doesn't apply, there is no guarantee that you will get your money back.

If the venue has decided to close, you will likely be notified in advance. The amount of notice you receive may vary, but once you are notified, you should also be informed of the next steps, including what will happen to your deposit. In most cases, you should receive a full or partial refund, and the venue should explain the process for obtaining your money back. If they do not mention anything about your deposit, be sure to ask about it and find out when you should expect to receive it.

If, in the rare case, the business closes without notifying you, you may have difficulty recovering your deposit. In such a situation, try to contact the business through various means, such as email, phone, social media, or even snail mail. If you can get in touch with someone, you may be able to have a conversation about getting at least some of your money back. However, you might need to resort to hiring a lawyer or letting it go.

If you are unable to recover your deposit directly from the venue, you may have other options. If you paid with a credit card, you can make a Section 75 claim under the Consumer Credit Act, which holds your credit card provider equally liable for your losses as long as the value is between a certain amount (in the UK, this is £100 and £30,000). Alternatively, you can try to claim the money from your wedding insurance provider, if you have one.

What if there is no signed contract?

If there is no signed contract, it is still possible that a valid and enforceable agreement exists between you and the wedding venue. This is especially true if you have made a down payment or deposit, as this indicates that certain terms (price, date of the wedding, and scope of the rental) have been agreed upon. In this case, you have effectively entered into a verbal contract with the venue, and by cancelling your wedding, you would be in breach of this agreement. The venue would be entitled to damages, and the amount would depend on factors such as the cost of the contract, less any costs saved by the venue (e.g. food and personnel).

However, without a signed contract, it may be difficult to determine the exact terms of the agreement, and this could work in your favour. If you choose to pursue legal action, the court will attempt to place both parties in the position they would have been in had the services been fully performed. Depending on the value of the contract, your deposit may exceed the damages owed to the venue, and you could be entitled to a partial or full refund.

It is important to note that laws regarding deposits and contracts vary from state to state, and each case is unique. Therefore, it is highly recommended that you seek legal advice from an attorney who can review your specific circumstances and advise you on the best course of action.

What if the venue cancels due to a state of emergency?

If your wedding venue cancels due to a state of emergency, the first thing you should do is check your contract. If you have wedding insurance, now is the time to get in touch with your provider.

Your contract is key here. It should outline the venue's obligations to you in the event of a cancellation. If there is a "force majeure" clause, this may protect you and outline your rights to a refund. A "force majeure" is an "act of God", such as a natural disaster or a global pandemic, that can be called upon when a contract cannot be performed.

If your venue is cancelling due to a state of emergency, it is likely that a force majeure clause will apply, and you may be entitled to a refund. However, this depends entirely on the wording of the clause. It may only protect the venue, and not the customer. If the contract does not address this situation, you may still be able to argue for a refund, but this will depend on the specific circumstances and the venue's willingness to negotiate.

If you are unable to get a refund, the venue may offer to reschedule your wedding. If you choose to do this, be aware that you may be required to pay all monies due for the new date upfront.

If you have wedding insurance, this may cover you for lost deposits and non-refundable amounts in the event of unforeseen circumstances, including extreme weather, injury or illness in the family, and vendor bankruptcy. Check your insurance policy for the specific details of your cover.

If you are unable to get a satisfactory outcome from your venue, you may want to consider legal action. A lawyer will be able to review your contract and advise you on your rights. They can also advise you on whether you have a case for arguing consequential damages, where you have lost money with other vendors due to the venue's inability to uphold their contract.

What if the venue cancels, but I've already paid in full?

If the wedding venue cancels on you, the first thing to do is check your contract. The contract will outline whether you are entitled to a refund or a rescheduled date. If the contract has a "no refund" clause, you may still be able to reschedule your event. If the contract does not offer a refund or a rescheduled date, you can file a claim with your wedding cancellation insurance, if you have one.

It is important to note that wedding venues typically include a "force majeure" clause in their contracts, which excuses the venue from its obligations due to unforeseen circumstances beyond anyone's control. This means that if a disaster or pandemic makes it impossible for the venue to host a large gathering, they are usually within their rights to cancel your event.

If the venue cancels on you, it is a good idea to start looking at other venues as soon as possible. You can also try to negotiate with the venue to see if they can offer you a new location or a different date.

To avoid losing your deposit and wedding location, it is always a good idea to review the contract carefully before signing and to consider purchasing wedding cancellation insurance.

Frequently asked questions