We are getting married in under a month and our photographer has had to pull the pin since he lives outside the border zone bubble. We have paid him 33% of the deposit (please don't ask me why we didnt check the refund policy) of a $3500 quote. Now he is refusing to refund the deposit.
What are our rights in this instance. Location Gold Coast QLD
Get the refusal in writing. Proceed as per comment above.
Will be following up on all of this now.
and get them to specify a reason as well.
Considering wedding photographers reply on reputation and word of mouth, him refusing to refund when he is unable to provide the service sounds like he is desperate. Suggest he most likely doesn't have the money to refund you.
I think you are correct, since it wasnt a small deposit of 10% but instead 33%
That's disgraceful from the photographer. The issue is entirely on his side (albeit not of his causing). Proceed as above re. QCAT/small claims. This is precisely the sort of behaviour that needs to be run out of town.
Well not reallyExactly, he's been screwed over by government just like a LOT of other small business operators have. So while it probably isn't his fault he should, from an ethical and legal standpoint try to get the deposit back to the OP even if it's in instalments.
What is the "legal standpoint"? Genuinely interested.
My understanding is that consumer guarantees do not apply if what's happened is completely beyond the control of the service provider. Government intervention would be one of those instances.
Or do you mean general contract laws, ergo the fine print to the contract?
I think those that have been screwed over by the government are those not eligible for jobseeker or keeper but who have reduced pay. Oh, and now have to pay for the govt debt for years. At least i’m not bitter.
Don't forget all the small business and cafe/restaraunt owners who can only have limited (or in Victoria ZERO) customers in their shops, but not to worry covaids doesn't infect anyone who goes to ColesWorth or Bunnings, only smaller shops and private businesses. Who needs them anyway right?
How did you pay? If credit card, chargeback.
we didnt check the refund policy
If you had pulled out then this would have applied, but not him pulling out.
Strange nobody wore a condom in this transaction…
If he is pulling out then he needs to refund the deposit plain and simple, If he is still answering the phone maybe you could raise the idea of him subcontracting a local photographer to take the photo's on the day and him handling all the post production and printing?
Can you link/ post the refund policy?
As above, it doesn't even matter, as it isn't op who is cancelling.
Maybe the policy is - if I, the photographer, cancels the shoot, you, the client, are not entitled to a deposit. Aka. non-refundable deposit… with a twist.
I love twists.
Bonus twist: OP is the photographer
Of course it matters Brendan.
It doesn't.
It is a legally unenforceable contract should it contain clauses that allow the contractor (ie. the photographer) to cancel and force the forfeiture of the deposit.
@[Deactivated]: That's precisely where I was heading, but before getting there, I was asking to see the T's and C's.
https://mccabecurwood.com.au/terminate-contract-covid-19/
You can't simply have a contract that allows the service provider to keep the deposit if they cannot fulfill their part.
what if the policy is "Any amount paid is non-refundable."
Agree with all of the above.
What is his basis for refusing to refund? He can't perform the required service, and would have incurred zero costs in preparing for the event. So has done/spent basically 0, and thinks he is entitled to keep a 1/3 deposit for doing nothing?
our photographer has had to pull the pin since he lives outside the border zone bubble. We have paid him 33% of the deposit (please don't ask me why we didnt check the refund policy) of a $3500 quote. Now he is refusing to refund the deposit.
Well if they are the ones cancelling then they should be providing a refund no questions asked!
What does their refund policy say when THEY cancel!?
Sounds like a pretty good deal to me….. make lots of bookings, then cancel, keep the deposit!
The agreement you signed with the photographer will stipulate the refund policy. What does that say?
tell them you will be taking them to tribunal
and in the mean time roasting the crap out of them on every review site possible, and will cause maximum damage.
Don't roast anything/anyone. The op might find themselves in some very hot water.
For what? The truth is a complete defence to any defamation claim.
The line between truth and perspective is very blurry when emotion is involved. - tshow
Truth….based on….?
Probably want to read the T's and C's first - which we can't, cos the OP hasn't posted them.
Truth….based on….?
what actually happened - ie. person was unable to provide service due Covid restrictions (fair enough), but then refused to provide a refund of the 1/3 deposit paid. If the OP sticks to facts rather than feelings/name calling/whatever, they will be fine.
The T&Cs/contract are pretty much irrelevant because any term which might allow someone to do nothing, cancel a contract and then keep any deposit paid is clearly an unfair and unenforceable contract term.
Seek legit legal advice
Dont waste time or energy threatening, sending letters etc.
Write to them and say that it's unfortunate this has happened though you will be seeking the deposit back. Perhaps you may even consider a payment plan. If this isn't voluntarily paid then you will take it to Qcat. If you are required to take this step then you will also write true and accurate reviews in every site possible of the situation.
If you have no joy getting your $ back then it’s ACA material. Get them trashed on national TV.
Under Consumer law if a supplier takes a deposit or payment for goods or services and is unable to supply for any reason they must refund any monies paid.
Its black and white!
If OP paid by credit card then ask the bank to reverse the payment
The contract is binding, unless the T&C’s are illegal under consumer law. Look into QCAT for advice.
Yeah, comes down to contract law. Send a letter of demand, then file court papers. I actually skip the letter of demand and just file - usually gets the message through to them faster. You can claim for the cost of filing. He doesn't want a judgement against him. Just get everything in writing from now on. Use registered post and Messenger that shows the message has been opened. Qcat or local court. I find a local court filing gets them moving quicker. Contracts have to be fair for both parties.
Tell him to provide the service, its not your problem where he lives. If he cant doit then he needs to arrange someone else to take the pictures for him or if he want to pull out he must refund the deposit. He would not be able to win this case.
Has nobody heard of force majeure? If there is such a clause in the OP's contract, the photographer doesn't need to give a refund since the cancellation was outside of their control.
https://www.minterellison.com/articles/covid-19-force-majeur…
So it really all depends on whether such a clause is in the contract.
COVID wasn’t an act of god, nor was QLD govt.
The article I linked outlines some of the things that qualify as force majeure.
Common force majeure events include 'acts of God', 'natural disasters', 'government action or interference', 'labour shortages', 'national emergencies' and 'acts of war'.
Pretty sure the border closure is 'government action or interference'.
I stand corrected. Thankyou.
ACA, phone Tracy on the Special OzB Priority Phone.
(Congrats and best wishes, virtual confetti and all that). :+)
How did you pay him? If it wasn't direct transfer but something like credit card or paypal then start by using their refund procedures.
If it was direct transfer then as the above QCAT as others have suggested.
QCAT or small claim court are the way to go