Vendor Cancellation Deposit Refund

knottiec31d1385319f8e62

My hair/makeup vendor emailed over the weekend to let me know that she will be moving out of state before our wedding in July and therefore can no longer service our wedding. She did provide a suggested vendor that is open for our date and at the same price point. However, she said that, due to her own overhead and having to take care of her family, she will not be refunding my deposit (nor will it transfer to the suggested new vendor). She said that if I want to keep my deposit that I can pay extra to fly her back in for our wedding though. I have never had a vendor cancel on me and then refuse to refund the deposit. Had I been the one to cancel on her, I would understand keeping the deposit, but this seems odd to me. Is this standard practice for hair/makeup vendors? If so, what is the point of putting down a deposit to save the date with them? 

charlotte989875

knottiec31d1385319f8e62 said:

My hair/makeup vendor emailed over the weekend to let me know that she will be moving out of state before our wedding in July and therefore can no longer service our wedding. She did provide a suggested vendor that is open for our date and at the same price point. However, she said that, due to her own overhead and having to take care of her family, she will not be refunding my deposit (nor will it transfer to the suggested new vendor). She said that if I want to keep my deposit that I can pay extra to fly her back in for our wedding though. I have never had a vendor cancel on me and then refuse to refund the deposit. Had I been the one to cancel on her, I would understand keeping the deposit, but this seems odd to me. Is this standard practice for hair/makeup vendors? If so, what is the point of putting down a deposit to save the date with them? 

She’s definitely wrong, but what does your contract say? She doesn’t get to keep your money and not provide a service. She also doesn’t get to increase the price of a service (the plane tickets/ accommodations). But you need to check your contract. 

Depending on the size of the deposit you could get in touch with a lawyer or look into small claims court, but this might cost you more than the deposit itself. 

ETA: I might follow up with a strongly worded, but professional email saying that she was failing to meet the terms of the agreement and that you expect to have the deposit returned via [whatever method] by [whatever date~ 2 weeks] or you’ll purse all legal options afforded to you. 

STARMOON44

Definitely don’t take this lying down. “Linda, since you refuse to provide the services we contracted for, I need my deposit refunded within 7 days. If you fail to do so I will have no option but to take legal action.”

banana468

I'll echo the PPs.  What does the contract say?  It should be designed to protect you and not so that she can take your $ and go and change the terms (adding travel fees should she continue to be your vendor).  

If she can't refund your $ I also agree with the strongly worded letter and possibly legal action. 

mrsconn23

I don't have anything to add except for the fact that this person a metric ton of chutzpah for thinking they can just send a breezy e-mail saying they've gotta go and are taking your money with them. Oh and BTW, you can pay MORE to have their services even though this is their decision to up and move.  If she doesn't back off her insistence on keeping your money, I'd be tempted to check and see if she sets up in her new town and maybe leave a little review.  

knottiec31d1385319f8e62

I appreciate the replies! The contract isn't completely specific as it relates to vendor cancellation. It only says under the Compensation section, "Payment is due on or before the date of services. All monies paid prior are non-transferable and non-refundable. Payment may be made via Venmo, PayPal, Zelle, or cash." That said, the vendor is taking this statement as gospel. With other vendors that have had to cancel (yes, corona bride woes), they had similar statements, but understood that it was still their responsibility to refund the deposit since they were not fulfilling the service. 

It's probably my fault for not making sure this was clear in the contract to start, but I just find it unprofessional and it begs the question of how it is even legal to do something like this? If this were the case, then what's to stop her from taking other deposits and then cancelling on other brides at her new location?

banana468

How did you pay that deposit?  Can you dispute it with your CC and/or cancel the check if it was made from your own account?  Those can take more of your money (like stopping payment on a paid check will cost you).  Do you have an attorney that can review the contract?  This is no longer an Act of God and she is now canceling the terms herself.  

knottiec31d1385319f8e62

I paid via Venmo. I don't plan to take any legal action, as the amount isn't worth the cost. I do think I need to leave a review under her Knot profile to warn others that she can take the deposit even if she is the one that cancels though. 

banana468

knottiec31d1385319f8e62 said:

I paid via Venmo. I don't plan to take any legal action, as the amount isn't worth the cost. I do think I need to leave a review under her Knot profile to warn others that she can take the deposit even if she is the one that cancels though. 

I'd leave more than a review under her Knot profile to be honest.  I'd take to additional areas of social media and the snarky part of me would find a social media profile for her business if one exists. 

mrsconn23

banana468 said:

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knottiec31d1385319f8e62 said:

I paid via Venmo. I don't plan to take any legal action, as the amount isn't worth the cost. I do think I need to leave a review under her Knot profile to warn others that she can take the deposit even if she is the one that cancels though. 

I'd leave more than a review under her Knot profile to be honest.  I'd take to additional areas of social media and the snarky part of me would find a social media profile for her business if one exists. 

Yeah, I think the knot isn't a big enough audience and you won't reach your intended targets.  FB, IG, Yelp, etc.  I'd definitely blow her up. 

And remember, only state facts. Plus, hang on to that e-mail as your proof.  

STARMOON44

knottiec31d1385319f8e62 said:

I paid via Venmo. I don't plan to take any legal action, as the amount isn't worth the cost. I do think I need to leave a review under her Knot profile to warn others that she can take the deposit even if she is the one that cancels though. 

You don’t need a lawyer to file in small claims court and it’s usually cheap and easy

MyNameIsNot

I second small claims, but want to add that if you do that, you should go fast. Small claims still requires that she be served with notice. If she's moving out of state, that may prove difficult or impossible once she's gone.

Still, small claims doesn't need a lawyer, usually has simple forms for you to fill out, and doesn't cost much to file. 

climbingsingle

Wow, that is really messed up. Ditto PPs - leave reviews for her everywhere and take her to small claims court. It doesn't matter if it's a small amount. It's the principle. She can't take a deposit and decide to move away and not return it. And her suggestion to fly her out is insane. 

MesmrEwe

1) Check the contract and if it doesn't include a section relating to travel expenses you are not required to pay them because she chose to move out of state after the contract was signed.
2) You may have rights to a refund via Venmo or your Credit Card Company if she refuses to return your deposit you can dispute the charge because she cancelled out on you/changed the terms of the contract without your consent (See 1)...  
3) Don't leave the reviews until AFTER you have your deposit back in your account or venmo/your CC doesn't issue you a refund for whatever reason, and Sure as heck, I'd be putting that on far more than TK...  She moved and stole your money...  
4) Check your state's laws in this regard, this may go against her cosmetology license rules and the risk of losing that may be something that your deposit gets sent back in a hurry or other state rules through the Dept. of Trade and Consumer Protection...