Seeking advise from my bros and sis here...

Hello bros and sis, I have here a difficult situation that I would like everyone to comment. All your views will be taken with consideration.

Years back, a certain bro (henceforth B) booked a wedding dinner package from a reputable clubhouse. B then proceeded to pay for the deposit. But the wedding didn't happen and B broke up. However, B already did his due diligence to inform the clubhouse that the wedding is not going to happen that year. B was given a VERBAL promise by the clubhouse manager (henceforth K) that B can proceed with the dinner but at the price quoted in the year the wedding will be held. B agreed.

Today, K no longer works at the club. Instead, a particular M is now in charge. M is clueless about the whole story. B now wishes to execute the contract but was told the following by M:
1. Deposit has already been "makan"ed by the clubhouse
2. No refund will be given
3. If B wish to proceed with wedding dinner, B will have to take a new contract.

Question:
1. Does B have the right to seek redress? Does B have the right to execute the contract based on the current prices, terms and conditions while maintaining the value of the deposit?
2. In the first place, does the clubhouse have the right to "makan" the deposit without informing the client/customer?
3. What should B do? In the worst case scenario, which agency should B talk to?

Thanks in advance.

Rocky

best to look at the terms of the contract

pity that B did not have the agreement in writing to proceed with the dinner subsequently

try to speak to the management of the club

Silver wrote:

best to look at the terms of the contract

pity that B did not have the agreement in writing to proceed with the dinner subsequently

try to speak to the management of the club

No, no. B does have the agreement in writing, with signature by K. It's only the verbal agreement that K promised to B that was not inside. The promise is that B will follow the rate at the year in which the dinner will be held.

Batman wrote:

From my humble point of view, guess the best way is to get K n all should end well.

Coming back, nothing in black n white is always debatable n words against words lor.

Sincerely wish ur friends best of luck. Cos a similar case happen to my good friend years ago too.
Booked for wedding dinner, broke up before walking down the aisle, prepared to give up the deposit, but to his surprise, the hotel refunded him the deposit.

Morale behind the story, there's still human touch behind the cruel business world.

Bro Batman,

Thanks for shedding some light on this. I suppose anything can happen in this world.

From my point of view, M can argue there is no written contracts, so M representing the Clubhouse F&B can act blur or follow current policy. I suggest your fren B to study the old contract carefully.

If the deposit amount is huge, i suggest you get your fren to bring what contract and receipt to a good lawyer for advise.

All the best

Just my 2cents worth

contractually, verbal assurance is legally binding although it will be a hassle to prove

don't think the club lost out as it would seem that B had informed early enough and the club would have "re-sold" the reservation

best if B brings this up with their "higher" management

Report this to the police and highlight that the person been cheated.

At least when the police comes, they wouldnt have the ability to back out of the things they committed.

Silver wrote:

contractually, verbal assurance is legally binding although it will be a hassle to prove

don't think the club lost out as it would seem that B had informed early enough and the club would have "re-sold" the reservation

best if B brings this up with their "higher" management

I agreed with captain silver, talk to higher management 1st than seek legal advise.

Batman wrote:

From my humble point of view, guess the best way is to get K n all should end well.

Coming back, nothing in black n white is always debatable n words against words lor.

Sincerely wish ur friends best of luck. Cos a similar case happen to my good friend years ago too.
Booked for wedding dinner, broke up before walking down the aisle, prepared to give up the deposit, but to his surprise, the hotel refunded him the deposit.

Morale behind the story, there's still human touch behind the cruel business world.

Agree.
I like the last statement.

Uncle Lau wrote:

From my point of view, M can argue there is no written contracts, so M representing the Clubhouse F&B can act blur or follow current policy. I suggest your fren B to study the old contract carefully.

If the deposit amount is huge, i suggest you get your fren to bring what contract and receipt to a good lawyer for advise.

All the best

Just my 2cents worth

Well, the contract is still there and the receipts everything intact. In this case, the club recevied the money but has done nothing. So how can they just act blur?

Silver wrote:

contractually, verbal assurance is legally binding although it will be a hassle to prove

don't think the club lost out as it would seem that B had informed early enough and the club would have "re-sold" the reservation

best if B brings this up with their "higher" management

Definitely the club did not lose out. They took the deposit and did nothing.
Best part is the new manager, M, is the sales director. Maybe need to go higher...

Daffu wrote:

Report this to the police and highlight that the person been cheated.

At least when the police comes, they wouldnt have the ability to back out of the things they committed.

Bro! That's the the last thing that should happen!

rocky wrote:

Uncle Lau wrote:

From my point of view, M can argue there is no written contracts, so M representing the Clubhouse F&B can act blur or follow current policy. I suggest your fren B to study the old contract carefully.

If the deposit amount is huge, i suggest you get your fren to bring what contract and receipt to a good lawyer for advise.

All the best

Just my 2cents worth

Well, the contract is still there and the receipts everything intact. In this case, the club recevied the money but has done nothing. So how can they just act blur?

You need a good Lawyer ? I have a senior Counsel Lawyer student.....let me know.

Thanks UL. I will let you know if I need one.

Just my 2 cents worth...why does your fren still want to hold the "2nd" marriage at the same venue when the first one didn't take place?

Maybe the first is a already a bad omen, if I'm in that position I rather forsake the deposit and do the wedding somewhere else.

No offence to anyone but that's how I feel.

rocky wrote:

Daffu wrote:

Report this to the police and highlight that the person been cheated.

At least when the police comes, they wouldnt have the ability to back out of the things they committed.

Bro! That's the the last thing that should happen!

Isnt the last thing the best thing and leave the clubs to be subjected to action by local authorities. If the club refuses to budge, then your friend still wont get anything out of this.

qispiker wrote:

Just my 2 cents worth...why does your fren still want to hold the "2nd" marriage at the same venue when the first one didn't take place?

Maybe the first is a already a bad omen, if I'm in that position I rather forsake the deposit and do the wedding somewhere else.

No offence to anyone but that's how I feel.

Bro! You the man I've been hoping to reply to this thread!

Actually I agree with what you said. But there are sentimental value for choosing the place. No offense taken, no worries. Bad omen or not, I think ultimately its the couple who will decide.

Thanks for your reply. Appreciate it.

Daffu wrote:

rocky wrote:

Daffu wrote:

Report this to the police and highlight that the person been cheated.

At least when the police comes, they wouldnt have the ability to back out of the things they committed.

Bro! That's the the last thing that should happen!

Isnt the last thing the best thing and leave the clubs to be subjected to action by local authorities. If the club refuses to budge, then your friend still wont get anything out of this.

Amicable solution is the best solution... The intention is not to force an outcome, rather mitigation is the key.

Normally when you pay deposit, the clubhouse will give you a receipt. You don't give cash to people without any receipt right?

At least get the deposit back and start looking for a new place. No point going to the same place as everyone might not be happy with each other.