Legal Question in Business Law in Indiana

At a reception hall that I booked a room at, they offer free rentals on fridays and sundays (all we pay is food and decoration). Well I paid a "deposit" for a sunday date, but now I want to change the date to a friday, but the place is telling me I have to pay another "deposit fee" for the new date, when they never mention that to me before signing the contract and it was written in the contract eighter. They also say they'll return the deposit money if Sunday gets booked by another person, as if we're responsible if they book for that date. Is it legal for them to charge us for Friday when it wasn't mention to us we would be charged if we changed the date and they didn't write it on the contract?


Asked on 11/11/10, 7:14 am

2 Answers from Attorneys
Kevin B. Murphy Franchise Foundations, APC

As a franchise attorney I can tell you to carefully read the contract. If it really is not in there, ask them for an explanation or resolution. What's fair and reasonable would be the standard if the contract is silent. Put yourself in their shoes. They held that date for you and you're the one changing your mind. They have also offered to return your deposit if someone else books that Sunday. Sound's fair to me. Consult with a good business or franchise attorney in your area for specific advice.

Mr. Franchise - Kevin B. Murphy, B.S., M.B.A., J.D.

Franchise Attorney

Franchise Foundations APC

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Answered on 11/16/10, 7:26 am

I agree with " Mr. Franchise". Based on the information provided, nothing that they have done is illegal and they do seem to be be acting fairly to you by offering to refund the deposit if the room gets booked. You have a stronger argument for the return of your deposit if they actually received an inquiry for that Sunday and turned someone down.

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Answered on 11/17/10, 8:52 am


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