More details to this question:
My hotel wedding contract was signed on Jan 20, 2012 and I informed my hotel in April 01, 2012 that I cannot meet the August 31st wedding date. So far, I have only made $1000.00 deposit. I am a resident of VA. Now, the hotel is coming back asking for 75% of deposit as the following is on contract for Penalty: From the date of contract signing to 180 days prior to arrival - 50%; 179 - 90 days = 75%; 89 or less days = 85%
1) If I have no choice and have to pay the hotel ¿¿¿ why is the hotel asking for 75%? The contract was signed on January 20, 2012 and 180 days from the contract signing date will be July, 2012. How are you calculating 75%? Shouldn¿¿¿t it be 50%?
2)Is there any way I can avoid the penalty in VA? If you are lawyer and can provide consultation, please provide your information where you can be reached for a consultation.
1 ANSWER
1 Award
Penalty clauses in contracts are generally un-enforceable. We would need to review the contract in order to better advise you of your rights, but if the contract characterizes the various payments as a penalty, then the chances are good that it won’t be enforceable.
This answer is given in accordance with the laws of Virginia and may not be applicable in any other state. It should not be construed as legal advice, as that would require a more thorough analysis of all of the facts involved in a specific case. If you need further information or assistance, please feel free to contact my office for a consultation.
Answered on May 03rd, 2012 at 2:52 PM