• FreeAdvice has a new Terms of Service and Privacy Policy, effective May 25, 2018.
    By continuing to use this site, you are consenting to our Terms of Service and use of cookies.

No Refund on a Spa Day Deposit

Accident - Bankruptcy - Criminal Law / DUI - Business - Consumer - Employment - Family - Immigration - Real Estate - Tax - Traffic - Wills   Please click a topic or scroll down for more.

Mhami

Junior Member
What is the name of your state (only U.S. law)? California

Hi,

I work for a non-profit foundation that raises money for a K-8 charter school. One of our events to raise funds is a golf tournament. This year we decided to add a "Spa Day" to the golf tournament for the ladies. While the men golf, the women have a day of pampering.

We made arrangements with a local spa via phone calls and emails. We provided them with a deposit of $2,100 for 20 people at $105.00 each. At the event, we had eight people attend the spa day. Now we expect them to return the remainder of our deposit, which would be $1,260.

We have made numerous attempts over the phone to have our deposit returned. Our phone calls to them started mid June and we have always spoken to the lady that helped us from the beginning. She always made it sound as if we would get our deposit back. Now the Owner is telling us that that lady who helped us from the beginning no longer works there, but that she had conveyed to us that the deposit was part of a non-refundable deposit.

Naturally, we are very upset about this. This lady did not convey this to us, nor did she put this in writing, in a contract, or in any of the exchanged emails. My question is, is it their responsibility as the business to make sure that this was a known fact either by putting it in writing or having us sign a contract?

I am going to be sending them a letter demanding a refund, but I don't know if I should threaten legal recourse. Would you advise pursuing this in small claims? Would you recommend any other threats such as reporting them to the Better Business Bureau?

Thank you so much for your advice. I really appreciate this site. :)

Mhami
 


Mhami

Junior Member
Is anyone able to answer my question? Did I phrase it wrong?

In US Law, is a business required to state that a deposit is "non refundable" in writing? If not, when it comes down to he said/she said, who is likely to win a small claims case?

Mhami
 

tranquility

Senior Member
Your contract will guide. If it is not clear in the contract, other evidence may be introduced to get to the understanding of the parties. There is not a "default" provision I'm aware of.

Never threaten legal recourse unless you are absolutely, positively going to sue. Better is to add a deadline to the letter for action and if it is not done by them by that time, "you will explore your legal remedies". That's not a threat which could result in claims of extortion.
 

Mass_Shyster

Senior Member
When did the spa learn you only had eight people? If they geared up for 20, bringing in extra staff, etc, they would have every right to keep the payment for the no-shows.
 

Find the Right Lawyer for Your Legal Issue!

Fast, Free, and Confidential
data-ad-format="auto">
Top