# Key Post: Restaurants entitled to take non-refundable deposits



## CCOVICH (17 Dec 2004)

My girlfriend recently booked a table at a relatively well-known Dublin restaurant.  Because it is xmas, she was told that she had to pay a deposit of €10 per person (she had booked for her and 5 friends).  She gave the restaurant her credit card number.  Subsequently, 3 of the others decided they couldn't make it.  She rang the restaurant to ask if she could cancel, but was told that if she did, she would not get her €60 back, as it was a non-refundable deposit.  Where does she stand on this?  There is nothing in writing, and it is not normal practice to have to pay a deposit (unless it is xmas).  Can she call the restaurant again, quoting some consumer legislation to get her deposit back, or can she instruct the credit card company not to pay (seems kinda shady to me) as the charge has not yet gone through.

I don't know if this has been tackled in another thread, so any replies much appreciated.


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## Marion (17 Dec 2004)

*Re: Restaurants entitled to take non-refundable deposits?*

Hi CCOVICH

In my opinion, I believe that your girlfriend is not entitled to the money back. There was an agreement that a deposit would be paid. This would form the basis of a contract between her and the restaurant. A contract may be in writing, verbal or by action.

It is unfortunate that it happened, but could she still go (and bring you   ) so that at least she is getting some benefit from her €60? 

Marion :hat


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## rainyday (17 Dec 2004)

*Re: Restaurants entitled to take non-refundable deposits?*

Why did she think they were asking for a deposit when she made the booking?


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## CCOVICH (17 Dec 2004)

*Re: Restaurants entitled to take non-refundable deposits?*

Yeah fine.  I doubt that a restaurant would have trouble filling the table at this time of year (I know since I have worked in plenty of restaurants over the years).  Does this also entitle publicans to raise their prices on New Years Eve?  If restaurants are perfectly entiled to do this under consumer legislation, that's well and good, I just wanted to know if it was allowed or not.


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## okidoki987 (17 Dec 2004)

*Re: Restaurants entitled to take non-refundable deposits?*

The reason the restaurants charge a deposit is in case the customer doesn't turn up, will they be able to use the table or does it go to waste?
At least when they have the deposit, they get something for the table. Not sure what happens if you cancel and they "relet" the table to somebody else, do you get your deposit back?


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## rainyday (17 Dec 2004)

*Re: Restaurants entitled to take non-refundable deposits?*



> Does this also entitle publicans to raise their prices on New Years Eve?


Yes - provided they have the required notices up showing the new prices.


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## ClubMan (17 Dec 2004)

*Re: Restaurants entitled to take non-refundable deposits?*

Did they say at the time of booking that the deposit was non refundable? If not then I would personally would consider it refundable. I don't know what the official statutory rights are in this situation though. Perhaps the [broken link removed] or  can help?


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## CCOVICH (17 Dec 2004)

*Re: Restaurants entitled to take non-refundable deposits?*

Thanks Clubman, I'll check it out.


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## nogser (17 Dec 2004)

*Re: Restaurants entitled to take non-refundable deposits?*

Covich

Personally I would look for the 10 euro from each of the others that decided to cancel. I've organised some mass excrussions in my time and after getting stung once. Ever since anyone who drops out has the option of getting someone else to fill the spot or pay up. I always make clear when the booking will be made. Persumably if they charge then your girlfriend is entitled to turn up and use the table so they can't accept a cancelation as they are charging her for the option to use the table which only expires after the time of the booking. Is your girlfriend entitled to trade this option to use the restaurant?



Nogser


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## CCOVICH (18 Dec 2004)

*Re: Restaurants entitled to take non-refundable deposits?*

That would be an interesting market nogser-trading options for restaurant bookings! Why don't you start a thread? One idea would be to book tables for times like Valentines Day etc. and then try to sell them on February 13? Or even better, for tables in KC Blakes and The Malthouse in Galway during raceweek! If you need a business partner let me know.

I just wanted to know if there was any basis in consumer law for her to recover her money. I'm aware that she could ask the others to stump up, but she didn't inform them when she made the booking that she'd put money down. She got the booking changed anyway, another reason for locking this topic, but regardless of how it worked out, I was just interested to know whether restaurants can get away with this, especially if they have no trouble filling the tables regardless. Interesting idea about taking up the table and then not ordering-you are entitled to it if they charge I guess.


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## Marion (20 Dec 2004)

*Re: Restaurants entitled to take non-refundable deposits?*

Hi CCOVICH

Glad your girlfriend was able to sort something out.

As an aside, I think we should become aware that in general, where a consumer places a deposit with a retailer/service provider they are in fact agreeing to a contract. 

As such, it is advisable to pay the least amount required - in case that we will be unable to fulfill our part of the agreement. Furthermore, we should perhaps, where feasible, pay our deposits by credit card so that we will have some comeback if the retailer fails to fulfill their side of the agreement. Failing this we should keep the receipt or other record of the deposit paid in the event that we would take a claim in the Small Claims' Court against the retailer. It is advisable to realise that a deposit is non-refundable, unless the opposite is stated at the time the good/service is bought. It is best to clarify this before agreeing to pay down a deposit. 

Marion :hat


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