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New Year's Eve event in jeopardy

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Avalon

Member
What is the name of your state? Pennsylvania

My boyfriend is a DJ and booked a party last Jan. for this coming New Year's Eve. The event is at a Best Western Hotel, but the contract was with the caterer they sub-contract to. It included the room, food, open bar, etc. A person with the title "Catering Manager" signed the contract -- I believe she is an employee of the hotel, not the caterer. A $1,000 cash deposit was made, with the balance due 10 days prior to the event.

In any event, my boyfriend called today to check in and was informed the caterer was no longer with the hotel! The hotel is trying to find a replacement caterer for the New Year's Eve party (as well as other scheduled events at the hotel) -- however, they are saying they can't find any caterer who can meet the agreed-upon price in the boyfriend's contract. They are still trying to find a caterer but it seems they will want my BF to scale back the menu. They are implying that if he insists on the same menu, they will cancel the event. He has already advertised the event, with THAT menu, and has sold approx. 60 tickets so far. The hotel said they will not charge him the $1,000 deposit again, even though the contract was with the caterer and not the hotel.

This is a confusing mess. The hotel is acting like they bear no responsibility because the contract wasn't with them. However, the caterer was their sub-contractor, and I believe the catering manager who signed the contract was their employee. They are apparently involved in a legal dispute with the caterer at this point, so it doesn't sound like we could force the caterer to perform the service at that hotel. I'm not even sure who the caterer is -- the business name at the top of the contract was crossed out and another name handwritten in. I need to understand what our options are:

In my opinion, the hotel is responsible and must honor the contract terms -- same or equivalent menu, same quality/price. The caterer was their sub, the contract was signed by their employee (at least she is their employee now, which makes me think she's been employed by them all along). The hotel AND caterer's names are on the receipt for the deposit and that same employee signed it. The back of the caterer's contract lists all kinds of terms with the word "hotel" all over it. Any thoughts on this?

What do we do if they can't find a caterer and cancel the event? Even if they return the deposit, the boyfriend's reputation is damaged, he won't be able to re-book the event and will have to return the money to the ticketholders, who will be furious at the last-minute cancellation. What is his recourse?

What do we do if they come up with a caterer but want the BF to downsize the menu or pay extra??? I'm also concerned they'll come up with a substandard caterer, at this late date...

By the way, the BF has cancer and this party was his last event before a major surgery right after New Year's. He does NOT need this extra stress!

Sorry for the long post, but any advice on this muddled mess would be appreciated. Thanks in advance.What is the name of your state?
 


PepperLegal

Junior Member
This does sound rather messy. It would be very difficult to advise you without seeing the actual contract, and determine what your boyfriend's rights would be.
 

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