I am located in Maryland.. I paid over $1200 for wedding services (ie. officiant, photographs, hair/make up) in NV. This was a package with 1 company not several different companies. Unfortunately, a few days before departure, I began to miscarry (as I was pregnant). The company told me I would not receive a refund. I did not sign a contract. Nor was this "non-refundable policy" relayed to me. The only explanation was that this "policy" is stated in their terms and conditions page on their website. Please help!
Even though you didn't sign a contract document, it doesn't necessarily mean you didn't enter into a binding agreement. A contract can be created a number of ways, including via exchange of emails or text messages, a verbal conversation, an acknowledgement, or even conduct of the parties (e.g., payment). One would need to see all of the communications between you and the service provider to determine whether there was an agreement and, if so, the terms of that agreement - including any set forth on their website, which you would be presumed to have read. I would recommend that you seek the counsel of an attorney in Nevada to review all of these important facts and advise you. You might check the Find A Lawyer tab on this site - many offer free consultations. Good luck.
Ira W DavidIntellectual Property Law AttorneyLas Vegas, NV ·
Not only is it likely that you are not entitled to a refund, it is also reasonable. It is unfortunate that you miscarried, and that you had to cancel your wedding, but as you give them very little notice it is likely that they were stuck paying for the various facilities and services you had ordered. Most such services are scheduled out in advance, and if there is a last minute cancellation the vendors (the officiant, the photographer, etc.) cannot rebook their time and so demand to be paid.
In these cases, the best you can reasonably expect is that they will apply these funds forward if you reschedule.
I'm very sorry for your loss. Unfortunately, based on the information you provided, it is reasonably to conclude that you entered into an agreement. Agreements need not be written. Additionally, you paid a deposit and implicitly agreed to terms of service on the company's website. Additional information and discussion with counsel would be necessary to further assess any potential damages claim.
