Legal Question in Consumer Law in Florida

Wedding Caterer contract cancellation:

State: Florida.

On October 9th 2009 I signed a contract for a caterer to cater an event on May 8th 2010.

I provided a 500.00 deposit.

Due to a planned surgery for one of my fianc�s parents at the end of April.

A tentative closing date on a new house.

Scheduling conflict for all of the immediate family in New York whose children are taking state tests that week in May...we need to cancel the event for that date.

The contract states.

Deposit and Payment Terms:

An initial deposit of 50% of the billing estimate or $500.00 is required to reserve the catering services of caterer for the date of May 8th 2010. The

Deposit amount is non-refundable. Final payment must reach our office 14 days prior to the event. Any payment made after 14 days previous to the event must be made in the form of a cashiers check......."

Cancellation:

"If there is written cancellation received 6 months prior to the event date 25% of the deposit may be refunded. Any cancellation within 6 months of the above date (05/08/10) will result in the forfeiture of all funds paid towards the event, including but not limited to the deposit. If cancellation occurs while client is under a payment plan, the 50% deposit becomes due in full at time of cancellation; the credit card on file will be used to cover this portion of should payment not arrive Caterers office within 7 days of cancellation.

It is now 3 and half months away from the date and we need to cancel.

Based on the statement in the Deposit and Payment Terms: ��or $500.00�and the statement in the Cancellation:��If cancellation occurs while client is under a payment plan��which we have no contract on or for we expected that we would lose our 500.00 dollar deposit; now they want us to pay them 2000.00. They do not have a credit card on file for us either.

What can we do?

1 Answer from Attorneys

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