Am I entitled to a refund of my deposit?

Questioner

In August we made a deposit of 150.00 euros for a wedding report that would take place on April 29, 2022. Unfortunately, a few weeks ago we had to change our wedding date due to circumstances. Now it turns out that the photographer is not available on the new date and we will not get our deposit back. According to her, the deposit was also a reservation of the date, which has now been cancelled. I indicated that I did not understand at the time that we would lose our money if she could not make it on a new date. In addition, this occurred more than 3.5 months before the original date and she therefore still has plenty of time to accept/schedule other work for that day. She has no (general) terms and conditions and is not affiliated with anything. I think it's ridiculous that she doesn't want to pay back, but she stands her ground and indicates that legally she doesn't have to pay back the deposit. The invoice for the deposit states: 'deposit for wedding report'. In my opinion she can no longer provide this service due to a change in date and therefore cannot provide what we paid for and should therefore refund us. Is my reasoning correct? Or are we unlucky and is she right? I'd love to hear from you!

Lawyer

A deposit is not legally required, nor is a refund. It depends on what the parties have agreed, what is stated in the general terms and conditions and what is reasonable and fair. If a down payment should always be repaid, its use does not add much. It must be assessed what the parties agreed on regarding the down payment. And what could the parties reasonably expect from each other? See also judgment: ECLI:NL:RBOVE:2016:655. You indicate that there are no general terms and conditions and that the terms were not clear to you. In such cases, the judgment is usually in favor of the consumer. Another factor may be that there was still a long time between the assignment. The photographer can probably find another assignment within 3 months. Finally, the reason why the wedding is not going ahead may also play a role. Please feel free to contact me via my profile if you have any questions or require assistance.