Wedding postponed, provider who cancels, or change of plan at the last minute … In these moments, a question still comes back: can we recover the money already paid?
When you organize a wedding, everything is not always going as planned. The room has been reserved for a year, the caterer and the DJ too … and then an unforeseen event occurs. A break, a health concern, a family problem that forces you to cancel everything or simply to choose another provider. In this kind of situation, the first couples reflex is to try to recover the money already paid. But there, the responses of professionals vary. Some agree to reimburse the sums put forward, others categorically refuse. For what ? Because it all depends on a word often ignored by the bride and groom when signing the various contracts: deposit or deposit. Two legal concepts that we tend to confuse, and which however can make all the difference when recovering your money.
Concretely, the bride and grooms pour a deposit or a deposit to the marriage provider, which corresponds to a part of the total sum due. The difference between the two is based on the consequences in the event of cancellation of a contract. In principle, by pouring deposits (to reserve the date of a room for example), you are not committed to anything: you can withdraw at any time without having the rest of the amount. Nevertheless, the money paid is lost if the cancellation comes from you. On the other hand, “The professional who does not provide the merchandise or the provision of services must reimburse you on double the deposited deposit”, Indicates the Service-Public.fr site.
By paying a deposit, customers and the professional are held by commitments. “A contract, an order form or paying a deposit is considered a commitment.” In the case of a marriage, the provider must provide the service for which he was paid. If the bride and groom withdraw within the legal period, that is to say within 14 days, they can obtain a total reimbursement. Beyond the 14 days, they have to pay the rest of the amount. For example, if you rent the services of a caterer for 5,000 euros and have paid a deposit 500 euros when the contract is signed, you will have to pay the remaining 4,500 euros if you cancel the service at the last minute. This also applies to the provider. Moreover, in some cases “If one of the two parties to the contract returns to his commitment, the party that has retracted may be ordered to pay damages”, Can we read on the public service website. And that’s not all …
For deposit, the contract may sometimes mention that they are reimbursable in the event of cancellation. In general, the terms are explained under the general conditions of sale (CGV) of the signed contract. As the authorities specify, “The deposit and the deposits depend on the choice of the professional under his general conditions of sale. The professional has the possibility of freely determining if the contract includes deposits or deposits.”
