Toftrees Resort & Four Star Golf Club

I have reviewed the response made by the business in reference to complaint ID [redacted] , and have determined that this does not resolve my complaint For your reference, details of the offer I reviewed appear below - My initial $1,deposit was paid on the day my husband and I met with [redacted] ***, April 19, The transaction cleared my credit card on April 21st, (the Monday after, as I paid on a Saturday) and I did not receive the contract until that Monday, April 21stHad I seen the contract prior to paying, I would never have paid the deposit(See attached email from [redacted] [redacted] and email with [redacted] *** confirming my appointment time on April 19th.) - I was pressured to pay the $1,deposit before seeing the contract to "lock in the date," as I was assured that without the deposit, someone else might take the date (see attached email chain) -Additionally, it is still of significant note that the contracted guest estimate was rounded up to per encouragement by Ms*** The actual number would have been 55-60, and I first stated that it would be "around people max" and Ms [redacted] then encouraged to "Round up," so was the number contractedAgain, had I known that all further "contracted costs" would have been based on this number, I would have insisted on the actual, significantly lower number Regards, [redacted]

RE: ID# *** from 10/9/
Thank you for sending this letter to our attentionPlease see all enclosed correspondence with Ms*** *** in the simple execution of a signed contract with herEnclosed are numbered documents to define what they are
Emailed response to Ms
*** and all correspondence from the hotel regarding this matter - as well as an effort for her to assist the hotel in re-selling the space so that we could consider a partial/full refund of her deposit
Signed last page of the Contract by Ms*** ***
Letter Received from the Revdex.com on 10/14/
Copy of the contract provided by the Revdex.com on 10/14/- Highlighted points
Cancellation Clause - within 61-days requires 30% of CONTRACTED COSTS
CONTRACTED COSTS defined in the next paragraph below as: "This percentage is based upon estimates
for all food and beverage items and meeting rooms contracted atToftrees Resort."
(Estimated guests - Lowest price for Wedding meals is $per person = $5000.00, Lowest price for beverage service is $per person = $1000.00, no costs for meeting rooms = $in Estimated Costs @ 30% charge due to hotel = $- This has been collected with Deposits so no additional money is due to the Hotel)
DEPOSITS - "We will require a deposit in the amount of $with the return of the signed contractThis deposit is fully applicable to al! purchases on the day(s) of the eventIt is not, however, transferable to another booking and/or function date."
We feel that from the contract we are following it to the letter and have had our Corporate Lawyer review to ensure we did not follow any of the executable parts of the contract We have offered the option of helping the hotel to resell the space in an effort that if this should occur we can consider refunding a portion of the deposit or the deposit in full pending the size of the replacement functionWe are sorry this response does not suit her desires but have to hold to the details of a contract as it is difficult from the hotel standpoint to resell that space within a day time frame especially with a function that was estimated to be $at a minimumWe thank you for your time and consideration in this matter and look forward to your response
Best Regards,
General Manager

I have reviewed the response made by the business in reference to complaint ID [redacted], and have determined that this does not resolve my complaint.  For your reference, details of the offer I reviewed appear below.
- My initial $1,000 deposit was paid on the day my husband and I met with [redacted], April 19, 2014. The transaction cleared my credit card on April 21st, 2014 (the Monday after, as I paid on a Saturday) and I did not receive the contract until that Monday, April 21st. Had I seen the contract prior to paying, I would never have paid the deposit. (See attached email from [redacted] and email with [redacted] confirming my appointment time on April 19th.)
- I was pressured to pay the $1,000 deposit before seeing the contract to "lock in the date," as I was assured that without the deposit, someone else might take the date (see attached email chain). 
-Additionally, it is still of significant note that the contracted guest estimate was rounded up to 100 per encouragement by Ms. [redacted]  The actual number would have been 55-60, and I first stated that it would be "around 75 people max" and Ms. [redacted] then encouraged to "Round up," so 100 was the number contracted. Again, had I known that all further "contracted costs" would have been based on this number, I would have insisted on the actual, significantly lower number. 
Regards,
[redacted]

Review: I cancelled an event that I had booked at Toftrees with 80 days notice. The contract for events at Toftrees states that in the event of a cancellation, they retain a 30% "assessment per person per day" of the "contracted cost" with 61-90 days prior notice. However, the "contracted costs" are based on undefined estimates and figures for any such estimate is never stated in the contract. Further, when giving my guest estimate, I was encouraged by the event Sales & Catering Manager to "round up" to 100, even though the actual amount I planned to invite were 55-60 people. Now I understand why the estimated number was listed as 100 when printed in the contract.It is misleading that when an actual amount has been paid (in my case, $2,000, per the deposit schedule), the proposed cancellation clause pertains not to any actual amount or deposit paid, but rather to non-disclosed, non-defined "estimates" which the business can then change to suit their needs (these estimates have now changed twice via email since I asked for a refund, and at one point included blocked hotel rooms, which they have since taken out of the estimated figures). Additionally, the ONLY figures actually stated in the contract pertain to the deposit (three deposits of $1,000 each), and not to any sort of estimated costs. In summary, in the event of a cancellation, one expects to be refunded based on the money one actually paid, and not on possible figures one has not yet paid. If the intent is to indeed keep 100% of a deposit, that should be made clear in the contract, and no cancellation clause should be given.Desired Settlement: I certainly understand that the business needs to keep a portion of the deposit for lost business, which is why it made sense to me that they would retain 30% with 61-90 days notice. However, if the entire deposit was to be kept by them, they should state so in the contract, rather than leading a client to believe that a partial refund would be given for cancellation when it will not. For this reason, I request a refund in the amount $1,200 (60% of my $2,000 deposit).

Business

Response:

RE: ID# [redacted] from 10/9/14

Thank you for sending this letter to our attention. Please see all enclosed correspondence with Ms. [redacted] in the simple execution of a signed contract with her. Enclosed are 4 numbered documents to define what they are.

1. Emailed response to Ms. [redacted] and all correspondence from the hotel regarding this matter - as well as an effort for her to assist the hotel in re-selling the space so that we could consider a partial/full refund of her deposit.

2. Signed last page of the Contract by Ms. [redacted]

3. Letter Received from the Revdex.com on 10/14/14

4. Copy of the contract provided by the Revdex.com on 10/14/14 - Highlighted points

Cancellation Clause - within 61-90 days requires 30% of CONTRACTED COSTS

CONTRACTED COSTS defined in the next paragraph below as: "This percentage is based upon estimates

for all food and beverage items and meeting rooms contracted atToftrees Resort."

(Estimated 100 guests - Lowest price for Wedding meals is $50.00 per person = $5000.00, Lowest price for beverage service is $10.00 per person = $1000.00, no costs for meeting rooms = $6000.00 in Estimated Costs @ 30% charge due to hotel = $2000.00 - This has been collected with Deposits so no additional money is due to the Hotel)

DEPOSITS - "We will require a deposit in the amount of $1000.00 with the return of the signed contract. This deposit is fully applicable to al! purchases on the day(s) of the event. It is not, however, transferable to another booking and/or function date."

We feel that from the contract we are following it to the letter and have had our Corporate Lawyer review to ensure we did not follow any of the executable parts of the contract We have offered the option of helping the hotel to resell the space in an effort that if this should occur we can consider refunding a portion of the deposit or the deposit in full pending the size of the replacement function. We are sorry this response does not suit her desires but have to hold to the details of a contract as it is difficult from the hotel standpoint to resell that space within a 90 day time frame especially with a function that was estimated to be $6000.00 at a minimum. We thank you for your time and consideration in this matter and look forward to your response.

Best Regards,

General Manager

Consumer

Response:

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

- My initial $1,000 deposit was paid on the day my husband and I met with [redacted], April 19, 2014. The transaction cleared my credit card on April 21st, 2014 (the Monday after, as I paid on a Saturday) and I did not receive the contract until that Monday, April 21st. Had I seen the contract prior to paying, I would never have paid the deposit. (See attached email from [redacted] and email with [redacted] confirming my appointment time on April 19th.)

- I was pressured to pay the $1,000 deposit before seeing the contract to "lock in the date," as I was assured that without the deposit, someone else might take the date (see attached email chain).

-Additionally, it is still of significant note that the contracted guest estimate was rounded up to 100 per encouragement by Ms. [redacted] The actual number would have been 55-60, and I first stated that it would be "around 75 people max" and Ms. [redacted] then encouraged to "Round up," so 100 was the number contracted. Again, had I known that all further "contracted costs" would have been based on this number, I would have insisted on the actual, significantly lower number.

Regards,