posted
For our wedding we signed a contract at a bed and breakfast in Omaha, Nebraska. We agreed to rent 6 guest rooms and the main floor for 8 hours at $1458 (with tax) and placed a $364 deposit down.
Some of our guests decided to stay at another hotel and some couldn't make it to the wedding. I emailed the venue and asked to revise the contract for the main floor and only three rooms. She emails back saying that is just fine and that the total for the three rooms is $400. She emails me back saying that she is releasing the rooms to other guests, but how many hours do I need the main floor for, so she can revise the contract. I ask her how much to rent it per hour and that we will probably need it until 11pm. She emails back saying $150 an hour and that now that other guests are staying there, we need to finished by 10!
I don't know what to do now! In the contract it states that "cancellation must be received in writing 30 days prior to the reservation date." Does that mean I can go back to the terms of the signed agreement? Can my emails change the terms of a signed contract? Also, no where in the contract does it specify what time the event needs to end. Can she just pull a time out of no where?
Posts: 2064 | Registered: Dec 2003
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posted
Sounds like a law school exam question. You haven't provided enough facts to actually give a "right" answer.
Posts: 158 | Registered: Jan 2008
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Here is the email log of our contact with the venue:
from niki@gmail.com to reservations@mansion.com, date Mon, Mar 31, 2008 at 4:49 PM
subject Revision of Contract for May 31 event mailed-by gmail.com Mar 31 (9 days ago)
We have had quite a few guests who will be unable to attend our event the weekend of May 30-31, or will be staying elsewhere.
On Friday, May 30 we still want the • The Charles Suite • The room the Mick and Nicole requested (The Savannah) • The Porch Suite
On Saturday, May 31 we still want the main floor all day in addition to: • The Charles Suite • The Savannah • The Porch Suite Could you draw up a new contract based on the above information? I apologize for the inconvenience.
Nicole
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Reservations to me Apr 1 (9 days ago)
Nicole, Thanks for your note. I will be happy to revise your contract. I just need to know how many (and what) hours you want the main floor on Saturday, May 31. As soon as I know that, I can rework the contract for you.
FYI, the total of the room rates for each night will be $400 plus tax.
Julie
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Reservations to me Apr 8 (1 day ago)
Hi Nicole, I have released the rooms other than those listed in your message to me. As soon as I hear from you about the number of hours for your event, I'll forward a revised contract.
Please let me know if there are other questions I can answer.
Thanks.
julie
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Reservations to me Apr 8 (1 day ago)
Nicole, In reviewing what you had already booked, you did not reserve the Porch Suite on Friday, May 30, and we have booked it to another guest. We still have available either the Garden Room or the Castleview Room for that night. Please let me know which you would prefer.
Thanks again.
Julie
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niki@gmail.com Castleview, please. Apr 8 (1 day ago)
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reservations to me 6:56 PM (4 hours ago)
Thanks, Nicole. I've added the Castleview for your reservation, giving you the Castleview, Savannah and Charles for your overnight guests.
Julie
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niki@gmail.com to reservations 7:02 PM (4 hours ago)
Thanks, Julie. I think we will want the main floor all day (8 hours). Our wedding doesn't start until 6:00pm and will end around 11:00pm. How many hours do people usually rent? How much is it per hour?
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reservations to me 10:14 PM (1 hour ago)
Nicole, The main floor rents for $150 an hour. It's really up to you how many hours you'd like. We would like your event to end by 10 p.m., given that there will be other guests in the house that night. But if you want some time in the afternoon for prepping and pictures, then you'll want to make sure you allow enough time. Each event is unique; some rent for just three or four hours, other for eight or ten. It's really up to you.
I know that's not the most definitive answer, but I hope it helps.
AGREEMENT TO LEASE THE MANSION OMAHA, NE 68131 402-xxx-7600, 888-xxx-xxxx
This agreement, made this _______ day of _____________________ 2007, between Nicole (hereinafter "Lessee") and The Mansion (hereinafter "Lessor"). Lessee does hereby agree to grant, demise and let, and Lessee does hereby agree to take book the main floor for a wedding and reception on May 31, 2008. In addition, lessee agrees to book six overnight guest rooms for one night on May 31 at the Mansion, located at Omaha, NE 68131. The charges are as follows:
Six guestrooms and an eight-hour event on May 31.......................... $1,350.00 Taxes on overnight guest rooms: 4 percent City of Omaha room tax....................................... $ 26.00 5 percent Douglas County lodging tax................................. $ 32.50 7 percent City & State sales tax........................................... $ 49.60 Total................................................................................................. $1,458.10
The charges are to be paid as follows: 25% down payment ($364.50) required when booked, with the remainder due upon arrival. Remainder is to be paid with one credit card or check. Cancellation must be received in writing 30 days prior to the reservation date. If cancellation is not received as specified, Lessee will responsible for payment in full for all charges due. Deposit is non-refundable. It is further agreed by and between the parties that the Lessee will be responsible for securing their own catering company, as well as linens, tables, chairs, and dishware. Trash is to be removed. NO keg beer or red wine. All rented tables and chairs are to have rubber or plastic bottoms, unless designated for use outdoors. Lessee is responsible for any damages incurred to the property. The Mansion is a Smoke-Free building. Ashtrays are provided on the front porch and patio. It is further agreed by and between the parties that the Lessee shall apprise the staff of delivery times of florist, caterer, and rentals. All rentals are to be picked up by 12 noon on the following day. Saturday event rentals may be picked up on Monday by 12 noon. Lessee should arrange to have the caterer contact staff with the details. Warming of foods only is allowed in the kitchen. Flowers or decorations may only be attached with ribbon or string (no tape or tacks). Flowers must be in vases, and candles must be in containers. Children are welcome at The Mansion but must be supervised at all times during their stay. Event guests are to remain on the main floor only. IN WITNESS WHEREOF, the parties hereto do set their hands and seals. Witnessed: ______________________________ ______________________________ Lessee Staff (Lessor)
posted
Where in your exchange with Julie did she agree actually to 11? I see where you request it, but her response says 10.
Posts: 158 | Registered: Jan 2008
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posted
I think you can cancel the whole agreement, since you're 30 days out, and use your willingness to do that as leverage to negotiate other terms. Negotiate means you won't get everything you want, unless you make up other stuff at this point to sacrifice so the end product is stuff that is important.
But but yourself in her shoes as well, is she supposed to tell other guests that there is going to be a party going on until 11, and is that alright with them?
P.S. Your emails do not change the signed contract. When you two settle on a compromise, I think it would be a good idea to sign a new contract. I'm most vehemently not a lawyer.
Posts: 11017 | Registered: Apr 2003
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posted
Are you saying that those particular emails don't change that signed contract, or that emails can never change a signed contract?
Posts: 158 | Registered: Jan 2008
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posted
I hate to say it, but every B&B I've ever stayed at had a "visitors must leave by 10pm" policy. She should have stated that in the contract, but probably didn't because you originally were going to be renting all the rooms so there were no other guests to worry about.
You might be able to go back to your original contract if nobody else has booked one of the other rooms yet.
Posts: 9866 | Registered: Apr 2002
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quote:Originally posted by The Genuine: Are you saying that those particular emails don't change that signed contract, or that emails can never change a signed contract?
I'd guess it's the exception rather than the rule.
I think I could make a lucrative career in being an expert witness on how easy electronic communications are to fake. It's not that I know that much, I just think people put an irrational trust in e-mails.
Posts: 11017 | Registered: Apr 2003
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posted
That's an evidentiary problem, not a contract problem.
Take oral contracts for instance. Imagine the possibilities when it's undisputed that there's an oral contract, but there's a dispute over what the terms are.
Posts: 158 | Registered: Jan 2008
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I certainly don't want to cancel. I could deal with the time. What I can't deal with is her trying to rip me off. Assuming the emails are the new contract:
Main floor for 8 hrs: $1200 Three guest rooms: $400 Total: $1600
Assuming the signed contract is the legal agreement:
Main floor and 6rooms = $1458
She will book the remaining 3 rooms at about $400 total. So, she stands to make quite a profit if the contract is altered - $542 more than the first agreement.
Posts: 2064 | Registered: Dec 2003
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I don't think that will work out for us. If I understand the situation correctly, if I cancel the three rooms, I will have to pay you $142 more, get three less guest rooms and leave earlier? I do not want to amend the written legal document at this time.Posts: 2064 | Registered: Dec 2003
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posted
Oh, I see. I'm not sure what to tell you. You're actually paying more for less space. Also, it appears at least one room has since booked for that day?
P.S. I was writing while you were posting.
That she booked that other room might pose a problem, and you might still have to end at 10.
Posts: 11017 | Registered: Apr 2003
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posted
The emails alone don't change the contract. Your mutual agreement to the terms in the email do.
If I understand correctly, when you originally booked 6 rooms plus the main floor, that was the entire facility. They may have given you some sort of volume discount for that. Now they're breaking it up and you have probably reverted to standard rates.
I just looked up their website. The only price I saw was the March Madness thing on the home page. But yes, 6 rooms was the entire facility (because of the renovation in Garden). So I'm willing to bet that the $1,458 total included a discount for taking the entire facility.
Posts: 4515 | Registered: Jul 2004
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Goody, did I post the name of the facility somewhere? If so, I need to remove that reference. The Garden room was not available for us to reserve, she said she left that open for any guests that have an extended stay.
Posts: 2064 | Registered: Dec 2003
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Okay, I see that they just have to move one of your guests that is staying the 30th and the 31st. In that case, it seems like there should be any obstacle to honoring the original agreement.
Posts: 11017 | Registered: Apr 2003
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I don't have much experience with B&B's - but I do know that a few times people in my family have rented them out for weddings, too. Do you have the kind of family where people may wind up switching where they sleep? My family is like that - so if it were me, I'd just keep all the rooms and figure someone would end up crashing there... I'd ESPECIALLY do that if the cost were higher for less!
Posts: 1355 | Registered: Jul 2006
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The contract makes it pretty easy to Google and find the place even though you pulled part of the name out. I did the same thing.
Posts: 9866 | Registered: Apr 2002
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My friend, who works at a law firm suggested that if she comes back saying that she has already booked one or more rooms, tell her that I will take what is left and the main room for 8 hours, but will not pay a dime more than what's in the contract.
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And if you've already signed the original contract, then I'd completely agree with your friend, even with the email notification that you wanted to change.
Posts: 4515 | Registered: Jul 2004
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posted
Ah, I see. If the Friday rooms are a separate issue, then for Sat. you should definitely pay less than the contract, not more or at worse the same price. I agree with your friend at the law firm.
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