City View by the James

Review: Per an email conversation, a $200 refundable deposit was required for booking a space for an event. The customer (a student organization of which I served as the advisor) explained that there was the potential that the event would not happen and asked when the last possible date would be to receive the refund. The date was communicated. The organization sent in a personal check from me to serve as the deposit. Four days PRIOR to the date when the refund would no longer be available, the customer informed the business that the space was no longer required and would appreciate the refund. Again, the customer requested a refund one day PRIOR to the date when the refund would no longer be available. There was at no time a response about the refund. After receiving no response, the customer tried to change the date and the venue declined to host an event on that day because they wanted to take off. The venue never returned the deposit.

This entire email conversation is available for review, upon inquiry (please start from the bottom up):

On Mar 11, 2014, at 7:01 AM, Venues wrote:

Yes, REDACTED both take that day off with our children so the venue is not available.

REDACTED

City View by the James [redacted] ###-###-####

On 03/10/14, REDACTED wrote:

Does that make it unavailable? We are aware of this. REDACTED

Sent from my iPhone

On Mar 10, 2014, at 8:40 PM, Venues wrote:

That is Mothers Day.

Sent from my iPhone

On Mar 10, 2014, at 1:33 PM, REDACTED wrote:

Hello,

Is Sunday May 11th available to book the venue? I apologize for the continuing date changes. If so we would like to switch our date from April to the date in May. The same deposit should be able to be used since it was not returned.

Thanks,

REDACTED

On 02/14/14, 2:41 PM REDACTED wrote:

Would we be able to get our deposit refunded for now? We likely will move the event to the 13th but are not sure yet so we would like the deposit back before it becomes non-refundable.

Thanks,

REDACTED

On 02/11/14, 4:52 PM REDACTED wrote:

Ok, can we get the deposit back for now? We don't have a date picked for sure yet and don't want the deadline we set to creep up on us.

REDACTED

On Feb 11, 2014, at 3:40 PM, City View by the James wrote:

We are available the 6th and the 13th.

REDACTED

City View by the James [redacted] ###-###-####

On 02/11/14, REDACTED wrote:

Hello,

We will be unable to have our event on 4/12 due to a conflict with many people that have to attend. Is the venue available on 4/5, 4/6 and 4/13? We might move to one of these dates.

Thanks,

REDACTED

On Jan 4, 2014, at 9:36 PM, cityviewbythejames wrote: [redacted] Forest VA 24551

Sent from Samsung Mobile

-------- Original message --------

From: REDACTED

Date: 01/04/2014 9:24 PM (GMT-05:00)

To: cityviewbythejames

Subject: Re: Message from website - 12/08/2013 09:20:26 PM

Where would you like the deposit sent to?

Thanks,

REDACTED

On Jan 3, 2014, at 4:26 PM, cityviewbythejames wrote:

Yes you can put a $200 deposit down to hold the date that would be refundable until February the 15th.

Sent from Samsung Mobile

-------- Original message --------

From: REDACTED

Date: 01/03/2014 4:21 PM (GMT-05:00)

To: cityviewbythejames

Subject: Re: Message from website - 12/08/2013 09:20:26 PM

What are your policies on reserving dates and deposits? We would like to have our event on April 12th and if we have it we would pick CityView. We wont however know for sure about whether we are doing the event or not until February 15th. Is there any way we could put down a refundable deposit to hold the date that would become non-refundable after the 15th?

Thanks,

REDACTED

Sent from my iPhone

On Dec 12, 2013, at 2:12 PM, cityviewbythejames wrote:

Let's keep 5:30.

Sent from Samsung Mobile

-------- Original message --------

From: REDACTED

Date: 12/12/2013 8:36 AM (GMT-05:00)

To: cityviewbythejames

Subject: Re: Message from website - 12/08/2013 09:20:26 PM

If you are free at 4 that would work best.

Sent from my iPhone

On Dec 11, 2013, at 10:25 PM, cityviewbythejames wrote:

Yes. Come to the 20th floor. Did you want to come earlier in the day or in the morning?

Sent from Samsung Mobile

-------- Original message --------

From: REDACTED

Date: 12/11/2013 9:45 PM (GMT-05:00)

To: City View by the James

Subject: Re: Message from website - 12/08/2013 09:20:26 PM

Hey REDACTED, look forward to seeing you tomorrow at 6. Should we just meet you on the 20 floor of bank of James?

Sent from my iPhone

On Dec 9, 2013, at 4:21 PM, City View by the James wrote:

I can meet you on Thursday around 6pm.

REDACTED

City View by the James [redacted] ###-###-####

On 12/09/13, REDACTED wrote:

REDACTED,

I would love to get a tour of the facility and more details on the food options. Do you have anything available this week, either after 3 tomorrow or any time on Thursday?

Thanks,

REDACTED

On Dec 9, 2013, at 3:24 PM, City View by the James wrote:

REDACTED,

The rental of the facility would be $1200. Food prices for the meal start at $16.50 per person. Please let me know if you would like to come by and tour the venue.

REDACTED

City View by the James [redacted] ###-###-####

On 12/08/13, [redacted] wrote:

Message from website ([redacted]) - 12/08/2013 at 09:20:26 PM CST

You have received an email from your website through our mail system.

REDACTED

Event Date: 4/12/2014

Event Time: 6:30-10:30 pm

Message: We are surveying locations to hold REDACTED in April. We would have a dinner and ceremony for approximately (a maximum of) 200 people. This event would involve REDACTED. We are looking for a quote for a venue as well as for the meal if you have any catering suggestions. We would prefer CityView but also look at the Terrace View option.Desired Settlement: We would like to receive the $200 deposit back.

Business

Response:

This is the same complaint as previously received now from a different person with the same group. They signed a contract stating it was non-refundable which stands. They changed the date twice after the February 15th date they are referring to. We are not returning their deposit per the contract.

Consumer

Response:

I have reviewed the response offer made by the business in reference to complaint ID [redacted], and have determined that this proposed action would not resolve my complaint. For your reference, details of the offer I reviewed appear below.

The business alleges that a contract was signed that stipulated that the deposit is non-refundable. There are two issues with this:1) I am unaware that said contract exists. To my knowledge, a contract was never signed. Can the business provide the contract with signatures?2) The written documentation that does exist (the email exchange) clearly indicates that the business indicated that the refund WAS refundable up to Feb 15. TWICE the customer requested the refund, with no response from the business.The business alleges that the date was changed twice. As the email exchange indicates, further dates were explored, but a new date was never confirmed. In fact, the customer explicitly requests the return of the refund even though new dates are being discussed ("We likely will move the event to the 13th but are not sure yet so we would like the deposit back before it becomes non-refundable). The 2nd date proposed the business simply denied the event because the employees wanted to take vacation ("Yes, REDACTED both take that day off with our children so the venue is not available.").The business was unresponsive multiple times to a request to refund the deposit before February 15 which they explicitly state is refundable ("Yes you can put a $200 deposit down to hold the date that would be refundable until February the 15th). I see no way in which the business can make a claim to the $200 deposit.

Regards,

Business

Response:

I will be sending you the contract as soon as it comes to me however the owner has stated we will refund their $200 so we will never have to deal with them again. It is ridiculous that college graduates have no more respect for a contract and legal obligation as these men.

Managing Partners

###-###-####[redacted]

Consumer

Response:

I have reviewed the response offer made by the business in reference to complaint ID [redacted], and have determined that this proposed action would not resolve my complaint. For your reference, details of the offer I reviewed appear below.

You stated you were mailing the $200 refund check, but as of yesterday, 7/2, I have not received it.

Regards,

Business

Response:

The request was sent to the office on 6/25 and usually takes two weeks to process -- you should receive your refund by 7/14.

Consumer

Response:

I have reviewed the response offer made by the business in reference to complaint ID [redacted], and have determined that this proposed action would not resolve my complaint. For your reference, details of the offer I reviewed appear below.

I have not received the check. What address did you mail it to?

Regards,