Is A Restaurant Reservation Deposit Refundable?

[Davypops]

Everyone has seen those (eg.) £10 non-refundable deposit clauses when booking at busy times of year. But I wondered if this was enforceable and you could ask for your money back if you cancelled? Has the payment constituted a contract? Or is it viewed as merely an incentive to turn up and not an actual contract? Can you cancel contract if it is deemed one? If you think it is not a contract then surely you are entitled to a refund. Thanks for your opinions. Dave.

[ummmm]

I would have thought it depended on how much notice you gave them and whether the could fill the table in time.

[Buenchico]

If you say that you'll eat at a restaurant at a particular date and time and the restaurant owner agrees to the arrangement, then you've both entered into a legally binding contract (even if no deposit has to be paid). If you turn up and the restaurant turns you away because they've overbooked you can sue for compensation. If you fail to turn up the restaurant can sue you for their lost profit (i.e.the cost of the meal on the menu, minus the cost of the ingredients).

As the amount required as a deposit is usually less than the profit on the meal, if you fail to turn up the restaurant is entitled to retain the deposit AND to sue you for the rest of their lost profit. (In practice, of course, it's unlikely that they would try to seek that excess but they most definitely have the right to retain the deposit).

[Old_Geezer]

No legal expert but I reckon you can always ask and hope.

But what are you going to do if they point out you knew it was non-refundable ? Take them to small claims ? March outside with an "UNFAIR TO BOOKERS" poster ?

If you agreed to a non-refundable deposit then you can always hope they want to increase (non-) customer satisfaction in the hope of enhancing their reputation. The other hand of course is that if it gets out they cave in if asked, it ceases to be useful to them.

[EDDIE51]

If the restaurant had to refund deposits there would be no point in taking them in the first place. People would book places just in case they needed them and then cancel if they decided not to bother.
You MAY get a refund if you could prove the cancelation was because you had been taken ill , but you prove it.
A non refundable deposit is just that and is perfectly legal.

[Davypops]

Sound advice thanks, Eddie51 is also spot on, but thanks to all.

[Peter Pedant]

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Blimey you should read what it says on the tin - you see non-refundable and ask is it refundable....

It IS a contract - You say I wanna use your restaurnat at 7 30 and they say uyes certainly ( acceptance ) and you pay.
The contract is for a use in the future and is covered by the sale of services legislation ( like the sale of goods but covers services)

can you cancel- well actually as soon as you say you know it is not refundable then you kknow there is a clause in the contract that ya dont get your money back.

If they re-use that slot should they give you the money back - yes as they have not suffered loss