Can I claim back my deposit?

Q: My fiancé and I paid a €500 deposit upon booking a particular hall for our wedding. However, after a few weeks, we realised that it was not a good choice, because it was too small for the number of guests we had invited. We would like to know whether we can cancel the booking and claim back the deposit we paid?

A: Paying a deposit indicates an intention to purchase a particular product or service. If you change your mind and no longer wish to hire that particular wedding hall, legally you will be seen not to be fulfilling your part of the contract.

In such a situation, it is up to the owner of the wedding hall to decide whether to give you a refund of the deposit you paid. Such purchases are best carried out with the signing of a contract, so that both parties clearly know what their rights and responsibilities are.

Hence, if you signed a contract where it is stated that deposits are not refundable, if you change your mind, legally you have no right to claim back the deposit. Once a contract is signed, both parties have to adhere to its terms and conditions.

Frequently asked questions by traders

Q: Does the legal warranty extend to availability of consumables? Is a trader importing appliances liable to have consumables for the product sold? If yes, for how long?

A: Yes, the Consumer Affairs Act provides that consumables for the product sold should be made available to the consumer by the trader for a reasonable period of time. The law does not specifically state what amounts to a reasonable time. However, this highly depends on the type of products purchased and their cost.

Q: If a claim is made within the two-year legal protection for a fault in the product, is the trader liable to repair or change the product? Is the choice the trader's or the consumer's?

A: Strictly speaking, the law states that it is the consumer who may require the trader to repair the defective product or replace it free of charge. However, it also states that the remedy requested should not be unreasonable or disproportionate. A remedy is deemed to be disproportionate if it imposes costs on the trader which, in comparison to alternative remedies available, are unreasonable, taking into account:

a) the value of the goods had there not been lack of conformity,

b) the significance of the lack of conformity, and

c) whether the alternative remedy could be completed without significant inconvenience to the consumer.

Q: If the product cannot be repaired, can it be replaced, or do we have to give a cash refund?

A: Yes, it can be replaced with an identical model that the consumer purchased. If this is not possible because such model is not available, then a cash refund needs to be given.

Q: Is it legal for the trader to offer a credit note instead of a cash refund?

A: When consumers are entitled by law to a cash refund, the trader should not offer a credit note.

Q: If a product results faulty after a year from purchase, and the repair takes a month, when the product is returned to the customer, is the guarantee valid without interruptions or is extended for one month to make good for the month during which the product was being repaired?

A: The guarantee is automatically extended by the period the guarantor had the goods or part of them in his possession, while executing the guarantee.