Can she do this

[anabanana's candles]

I was scheduled to do a craft show on Nov 3 for the Civic Association in our area. I paid $30 3 months ago and my check was never cashed. She had said numerous times that there didn't seem to be much interest and it might get canceled. I found another bigger show on that day and emailed to lady with the one that I was already in and told her that since it was so up in the air that I wanted to cacel because this new one had a deadline and I couldn't wait. She said sorry, but they are almost full and the show will go on and I cannont get a refund. The paperwork said nothing to this effect and I emailed her again stating that I need my money back. Am I wrong. There was nothing about no refunds in her information.

[HelenW]

If the show has not been cancelled, I think you are SOL on getting your money back. Now, don't take this the wrong way as I don't know your financial situation, but seeing as it was only $30.00, and you want to go to the other show, I would forget the $ 30.00 and register for the bigger show.

Seriously, if you were organizing a Show and people starting backing out less than a month to go, would you cheerfully refund the money?

[anabanana's candles]

I understand that and all of the other shows have a refund policy. Like 2weeks prior 50% or such. She had no such policy and up until last week was going to cancel the show. I am just upset because she is acting like she had a refund policy and she didn't. She has held my check for 3 months becuase of lack of interest. It is more of principle. If she would have said no refunds then that would be fine, but what if I were having surgery or something. At least I tried to be honest. I should have just lied.

[HeavenScentU]

I would give her a call instead of emailing her and explain to her your situation. Then maybe she might be willing to offer you either a full refund or partial. I have done shows and at the last minute there was a cancellation and I took the better show. I let them keep the money because it was my fault.

[ForHisGlory]

I understand that and all of the other shows have a refund policy. Like 2weeks prior 50% or such. She had no such policy and up until last week was going to cancel the show. I am just upset because she is acting like she had a refund policy and she didn't. She has held my check for 3 months becuase of lack of interest. It is more of principle. If she would have said no refunds then that would be fine' date=' but what if I were having surgery or something. At least I tried to be honest. I should have just lied.[/quote']

Did you check with her again before booking with the other show? I wonder if that would have helped?

You are right on one point - it's more about principle.

I'd make sure her show actually took place.

[anabanana's candles]

I haven't booked the other show yet. I just got the form today. She said that she deposited my check, but it hasn't come through yet. I am sure that she will run right over there today and do that. I know that I am not going to do that show, but I want a refund. I paid on 7/13 and my check still isn't cashed

[ForHisGlory]

I haven't booked the other show yet. I just got the form today. She said that she deposited my check' date=' but it hasn't come through yet. I am sure that she will run right over there today and do that. I know that I am not going to do that show, but I want a refund.[/quote']

Sorry that happened to you!

[awickedscent]

Legally, if there is no refund policy or cancellation policy she can not inforce one when ther wasnt one in place. She must refund your money

[RobinInOR]

Actually, I don't believe that's true in every state. If she actually has the fair she can keep the $ - you entered into a contract by applying to the fair and sending in the check. . I'd call it bad business practice to not have a policy though - legal doesn't mean in the right Never do a fair without seeing the refund policy in writing.

And not cashing the check for a long while seems typical. I pay for my Labor Day fair in March, and the check is cashed in August.

[sweetscents]

If you're truly upset about it, and if your bank doesnt charge anything, when/if she cashes it, stop payment on it. Granted, you may be making things worse, but if it were me, I'd forget about the $30.00 and make sure everything is in writing next time, otherwise it's words against words.

[CareBear]

If you're truly upset about it, and if your bank doesnt charge anything, when/if she cashes it, stop payment on it. Granted, you may be making things worse, but if it were me, I'd forget about the $30.00 and make sure everything is in writing next time, otherwise it's words against words.

Um, would that be legal considering you did enter into a contractual agreement with the woman by paying the deposit? I don't 't think so.

[TxSioux]

Every contract has an out & it sounds like someone didn't have very good paperwork. You've already burned a bridge by telling this woman you want to do another show, so I'd be willing to bet you're going to get the short end of the stick when you show up. I wonder how she would have responded if you told her any other reason, which I would have! You can either cancel the check (most likely $20.+) or walk away from the $30. fee. It boils down to what your conscience will allow. I sign a lot of contracts & they all address cancellation timeframes. Bottom line, you already have a 'bad' name by asking to back out for another show & it's not financially logical to sue you over $30. Sounds like a touchy situation, especially if this is a small town.

Susan.

[sockmonkey]

Looking at this from a business point of view and not a personal one, how could she put on a show if everyone did the same thing you want to do? You've known for three months that this was up in the air, yet you appear to have waited until less than three weeks before the event to try to get out of it because you found a bigger and better show.

Unlike some fly by night promoters, she didn't cash your check in case she had to cancel the show, so I would actually give her credit for that. Legally, a person has 6 months to cash a check before the bank has the right to dishonor it as "stale." So, the fact that she's held your check for three months without cashing it doesn't mean you can assume the show will be canceled.

If you want to do the other show I would do it and chalk this one up as a $30 lesson learned--never participate in a show where a cancellation policy isn't clearly stated.

Here's a link to an article that deals with pulling out of shows you might find interesting...

http://festivalnet.com/help/tips/refundpolicy.html

[northwoods]

I agree you will probably have to eat the $30 but I disagree with this statement:

Looking at this from a business point of view and not a personal one, how could she put on a show if everyone did the same thing you want to do? You've known for three months that this was up in the air, yet you appear to have waited until less than three weeks before the event to try to get out of it because you found a bigger and better show.

The organizer didn't seem to have any problem letting the vendors hanging until 3 weeks before the show waiting to see if it would go on - so from a business stand point how could she inagine for a minute vendors wouldn't be looking for another show?

Just my view,

Julie

[BlackCrow]

To me, if there was no cancellation policy stating that you would not get a partial or full refund then she has no legal right to keep your money. Some have said its looks bad on you but to me it looks bad on her. Surely this is not their first show???? So has she not come across this before, where a vendor wanted or needed to back out at the last minute? Why doesn't she have a policy about those wanting refunds for whatever refunds???? that is weird. Also, the fact that she was keeping you informed and telling you up until last week that she may cancel the show due to lack of interest....well come on! What ARE you supposed to do??? you run a business, you booked a show with her, you have to schedule it into your busy life and she leaves you hanging as to whether there would be a show or not??? If you are having to make a large number of products just for this show that you would otherwise not make I would be getting mad...do I make all this extra product or not????

Me personally, I would email her back or call her and state that she does not have a cancellation policy on her show application that says you CANNOT get a full refund and she has no right to hold onto your money like this. Obviously if she did have a policy then you would know about it in advane and willing to just walk away from the money...but i would NOT like someone trying to keep my money and just making up policies as she goes along. There is no cancellation policy...that is your loop hole for getting your money back. Who is HER boss??? I would try to talk to someone higher up then her. This is not just a matter of you deciding to do a better show, this is a matter of her saying it was up in the air due to lack of interest and she may cancel it and so BASED on that you made other arrangements and she then decides to say No, sorry,no refund??? I would just be blunt with her and tell her like it is...that you went looking elsewhere because she said the show was up in the air and probably be cancelled and there is nothing stating you could NOT get a full refund and therefore you want your money back. As far as she is concerned you are a customer and if the customer is asking for a refund and you dont have a refund policy then how can you not give one???? What leg do you have to stand on?

Good luck with this. Oh, I would also suggest to her that perhaps she should enclose a refund/cancellation policy on her show applications so other vendors dont have this sort of problem.

[awickedscent]

Actually, I don't believe that's true in every state. If she actually has the fair she can keep the $ - you entered into a contract by applying to the fair and sending in the check. . I'd call it bad business practice to not have a policy though - legal doesn't mean in the right Never do a fair without seeing the refund policy in writing.

And not cashing the check for a long while seems typical. I pay for my Labor Day fair in March, and the check is cashed in August.

Actually it is. If there is not policy that can not inforce one when there wasnt one in please. She also stated that she didnt know if it was going to go on so that is another indicator that you can get your money back with problem. YOu can be left in the air wondering if you paid for something is going to happen and you MUST have a poilcy in place in order to inforce it. I just asked one of my directors since I work at a law school.

[Nanasnecessities]

I am amazed that she is able to cash your check at all, my bank will not allow a check 90 days old to go through.

[TexasBrat]

If you can't get your money back you might have a friend run your booth for you at the show so at least you are not completely out of money.

[sockmonkey]

The bottom line is, you paid for a space in her show and she is fulfilling her obligation to you. She had every right to wait until the day of the show before canceling it and issuing a refund to you if she couldn't produce the show.

In the meantime, when she was saying the show might get canceled, why didn't you ask her during any one of those conversations how she would handle refunds, since you obviously knew there was nothing in the contract regarding cancellations?

Each state will have its own law on refunds. You might be able to contact your state's consumer affairs dept. or attorney general's office to find out what your rights are.

[Guest Candelishis]

I am amazed that she is able to cash your check at all, my bank will not allow a check 90 days old to go through.

Me too...in fact, my checks say on them "void after 90 days"...

[eugenia]

I had one that canceled last year just a few days before the show. I got a call saying that they were canceling due to a lack of interest. I was then asked if I'd like my money back. What the heck? My response was a resounding "yes"!

Truthfully, I was very happy to have them cancel. I'd rather that than lug all my stuff and set up for nothing. If you think the other show will be that much better, eat the $30 and blow her off. It does not sound very promising. There are always vendors that pay and don't show. It won't be a big deal (but they may not have you again).

e

[hometowncandles]

If you're truly upset about it, and if your bank doesnt charge anything, when/if she cashes it, stop payment on it. Granted, you may be making things worse, but if it were me, I'd forget about the $30.00 and make sure everything is in writing next time, otherwise it's words against words.

If she does this, there may not be the option of a next time for her. Besides, once it's cashed you can't stop payment on it, it's already been paid. And most bank's won't do a charge back on an item unless there is a good reason for it, like your check was stolen, or someone other than the person who was suppose to be cashing it cashed it, etc. Not because you've just changed your mind about something.

Hope all works out for you and you choose the right show.