Right to a refund of deposit?

Questioner

Last year we made a down payment for a wedding location. In the same year my partner's mother passed away. Last June 2023 we unexpectedly lost his father in death. We went to an inspiration evening at the location 3 weeks ago and it actually made us more sad than enthusiastic. The realization of the loss we will have, made us think seriously about it and discussed a lot that we actually don't want to celebrate it that big anymore. We have therefore given our cancellation in writing. They say that their conditions state that you will then lose your deposit. 1: it is very unclear in their conditions 2: we are now cancelling 10 months before the wedding date That is quite some time so they can definitely fill in these dates. (Which is stated in their terms and conditions as their reason for not refunding the deposit) We have paid 1000 euros in advance which is really a lot of money. We have asked them by phone if we can at least get a part back considering the long time in which we cancel. They don't want to pay us anything back. Are we entitled to at least a partial refund?

Lawyer

Good evening, Unfortunately, it is a common problem when it comes to cancellation fees that are charged. In general, a provider is not allowed to charge cancellation fees. However, it depends on what the parties have agreed upon, what efforts have been made by the other party, the reason for cancellation, etc. Even if general terms and conditions are used, they can be disregarded because they can be considered unreasonable. As stated above, it is the circumstances of the case that matter. We have successfully reclaimed cancellation costs through the courts in the past. Please feel free to contact us to discuss your case further. We will be happy to help you. Gr, Mr. Mr. S. Leito FerLei Legal 06-49175526