Mary Dean Aquirel of Anthony's Fine Dining rip-off! She owes me $1000! Atlanta Georgia
Back in May of 2003, we went to see Anthony's for my daughter's reception. She was to be married in Oct. 16, 2004 in Atlanta. February 2004 while moving back to the Philadelphia area, my husband had a massive heart attack. So my daughter decided she wanted to get married in the Philadelphia area due to my husband's health.
While we were at Anthony's in May, my husband put a thousand dollars down to reserve the space. We did not sign a contract nor did we make anything in concrete for her wedding. Didn't even get a chance to check the food out there.
Back in August of 2004, I contacted Mary Dean Aquirel and told her that we had to cancel the wedding due to my husband heart attack and would like the monies refund back to us. She told me that there was no refund. I did not receive anything in written notice about no refunds. (What if I didn't like the food there) Would they still not refund my monies). This Mary Aquirel said that if she could fill the spot for October 16, 2004 that she would refund my money (I think)
She talks in circles and I really didn't have a clue when she called me back in October. She was not to clear and I asked here what she was talking about??? Mean while I never received a dime back, rather I cancel or not, I think I am owed the thousand dollars back.
April
Secane, Pennsylvania
U.S.A.
1 Updates & Rebuttals
Tim
Valparaiso,Indiana,
U.S.A.
Unfortunately, you probably aren't entitled to a refund
#2Consumer Comment
Thu, December 09, 2004
April, I'm sorry to hear about your husband's health issues, I hope he has recovered well. I also hope that your daughter's wedding went off well, or if it hasn't happened yet, that it does go off without (another) hitch.
Unfortunately, while basic principles of morality may be on your side, I doubt that the law is. Based on your description of this transaction, it seems as though it is customary to reserve this forum several months ahead of time, and that it is in such high demand that a substantial deposit is required.
In the event that you cancel your arrangement with this establishment, and if they are unable to fill your slot, they are out the money they would have made from your patronage. If a $1000 deposit was required, I would venture to guess that they stood to make at least $4000 gross from your function. If they ended up with an empty room that night, they may have taken a loss even with your $1000.
This is the very function of a deposit: to offset the loss incurred when the contemplated transaction doesn't go through. And, as the money you paid up front seems as though it was a deposit, a court of law would most likely find in their favor.
However, if you could show that they were able to fill your slot, then you could have a very strong argument for a refund of at least a portion of your money. My advice (not legal advice, but personal advice) would be to somehow find out if they were able to fill your slot. Employ whatever artifice necessary (i.e. call up and say you lost something that night).
If they say "there was no reception that night," you may be out of luck. If they say anything else, I would reccommend pressing the issue further, even to the point of legal assistance.
It is a shame that something like a family emergency could result in stresses and financial setbacks beyond those related to the incident itself, but the ugly truth is that it often does. I just hope that a momentous occasion such as your daughter's marriage has not been permanently marred by these unfortunate events.
Best of luck!