Q: Festival sponsor refuses to make full refund on payment from vendor when festival was rescheduled. Is this legal?
A vendor signed a contract and paid $200 for a booth at an upcoming festival. The date of the festival as specified in the contract was unilaterally changed by the festival sponsor due to inclement weather. Due to other commitments, the revised date was unacceptable to the vendor. When the vendor requested a refund, the sponsor decided to withhold some of the $200 booth rental fee paid by the vendor "to cover administrative costs". There is no language in the contract that covers natural disasters, acts of God, bad weather, etc., or any other language that addresses this situation. The sponsor insists that the amount withheld from the refund is "fair". Is this legal?
A: The terms of the written contract will govern what is allowed and what is not allowed. Also if the contract references any other guidelines, those additional terms would be incorporated into the contract. For instance if the contract references some general guidelines for the event, etc. The contract should also state what is an acceptable termination of the contract.
Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.
The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.
Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.
