Complaint

17/12/2020 11:15

Good day Ms/Sir

Please follow the mail trail below for an insight of the problem I am experiencing with Tresjolie wedding venue.

Attached find the quote for the venue. The total amount worked out to R68 116.00 and minus the R10 000 deposit and including the R2 000 deposit (for the handling fee), The outstanding amount is R58 116.00.

On the 10/12/2020 a friend of mine contacted Bronwyn at Tresjolie to find out if the venue for the 20th March is still available and Bronwyn rep**** that both sessions (morning and afternoon) are fully booked. There is a recording available for evidence if this is denied by Bronwyn.

The terms and conditions state “No refunds will be made unless Tresjolie is able to secure an alternative booking of the same value for the ****ing date”

As you can follow the paper trail as well as the correspondence attached, Tresjolie is still withholding my deposit for R8500 (R10 000 minus 15% admin fee).

According the The Consumer good and serviced OMBUB Advisory note 12: Rights regarding cancellations it states that 6 months cancellation is applicate for a wedding venue cancellation with a refund.

I have tried to cancel my wedding numerous times but was always advised to postpone. My first attempt to cancel my wedding venue was on the 19/05/2020 where it was stated that I will have to forfeit my R2 000 handling fee. If Tresjolie can resell the venue then I will only get R8500 (after the 15% admin fees was deducted). I then set a new date for the 20th March 2021 in order not to lose my deposit. After much deliberation and due to financial constraints, I advised Tresjolie on the 11th September 2020 that I need to cancel my wedding giving them enough time to resell the 20 March 2021.

When I approached Tresjolie about my wedding the R2000 handling fee was not explained in detail that I was entering into a contract. When I started to try and cancel and get my R10 000 deposit it was then only explained to me that I had already entered into a contract. I did not sign the terms and conditions not did I accept the terms and conditions telephonically. So, when I requested my signed contract it was said to me that as soon as I paid the first deposit and the R2000 I had entered into a contract. The terms and conditions where only explained to me on the 09/10/2020.

On the 09/10/2020 it was explained to me in a mail that as soon as I paid the R2000 holding fee I had automatically entered into a binding contract with Tresjolie. On the 07/12/2020 my fiancé contacted the OMBUD and found out that we needed to give 6 months notice of cancellation in order for us to receive out full deposit back.

Never once was it explained that the 15% admin fee will be calculated on the total amount of the quote (R68 116). Both my fiancé and I were under the impression the 15% handling fee will only count against the deposit (R10 000) we paid.

We did not sign and agree to these terms, we had an informal meeting and no one informed us that whatever we pay we will end up losing. These mails, explanations, Terms and Conditions can't be explained and justified after we started paying it just does not work like that.

We are still waiting for the Tresjolie CEO/Owner contact details which is not forthcoming.

Unfortunately, due to the COVID-19 pandemic I tried to accommodate myself and Tresjolie without success. Financially we were not and still not in the position to get married.

In summary – if Tresjolie has 2 bookings on the 20th March 2021 then surely, they have made up their loss of R68 116 plus more.

Any further documents/evidence/information can be obtained from me.

EMAIL CORRESPONDANCE

From Christeen Vickery

To Maroula Kroucamp

Cc Christeen Vickery

Date 2020-03-07 11:33

Hi Maroula, Thank-you, received. Yes, this will be no problem. Kind regards, Christeen Vickery Wedding and Function Coordinator

From: Maroula Kroucamp [mailto:***] Sent: Friday, 06 March 2020 16:08 To: Info Tresjolie <***> Cc: Christeen Vickery <***>; ***; Wedding Tresjolie <***> Subject: Re: Confirmed Booking & Payment Terms - Wedding Quotation *** Good Day, please see attached id copies as well as proof of residence. please may we pay our next instalment on the 13th March 2020. as we will training underground in the mine from the 09th to the 13th (available in the afternoon). please advise if this will be in order? thank you Maroula

On 2020-03-04 12:42, Info Tresjolie wrote: Dear Maroula & Marius, Your *** Kindly copy all emails sent to *** to *** Confirmed Booking & Payment Terms Thank you for booking your wedding with us. We confirm that your wedding is booked for Friday, 20 November 2020 for 16:00 to 24:00 in our Fountain Court Wedding Venue. Please find attached an important information letter relating to the planning of your wedding. It is of utmost importance that you read all the information enclosed in this letter. Please send us the following documents for our records and to complete your booking process: -ID copies for both -copies of proof of residence for both (if not living together) We acknowledge receipt of the following payment: Holding deposit: R2 000.00 – Holding deposit dated 29.02.2020 – Electronic transfer Payment Terms: Please note that your next instalment is due on 09.03.2020 Final Meeting Please note that we recommend scheduling a finalisation meeting 3 weeks prior to your Wedding. Assuring you of our commitment to service. Kind regards The Wedding Team Très Jolie Team Restaurant, Conference, Function & Wedding Venue Tel # *** Cell # (060] *** email ***

-------- Original Message -------- Subject: Wedding Quotation *** Date: 2020-03-23 20:59 From: Maroula Kroucamp <***> To: Christeen <***> Cc: Info Tresjolie <***>, "Marius @lwts.co.za" <***>, Wedding Tresjolie <***>

Good Evening Christeen,

after listening the president's speech tonight I am a bit worried about our wedding date 20th Nov.

Half of my family will come from overseas (Greece and Australia) and other provinces within SA.

I just need to know that if we need to cancel the date for the 20thNovember and extend the date to a later date when this whole pandemic subsides - can we do this? We will still carry on paying until the full amount is paid.

Please advise as I have already sent out my "save the date" and the response I got from everyone is that they need to wait and see what happens with the COVID-19 pandemic.

thanks so much

Maroula Kroucamp

On 2020-03-24 14:58, Maroula Kroucamp wrote: Good Day Tres Jolie,

I see that you called, I can unfortunately not take your call as I am in a workshop today and tomorrow for the whole day. may you please email me.

thank you Maroula Kroucamp

On 2020-03-24 09:25, Maroula Kroucamp wrote: Good Day Tres Jolie,

I see Christeen is currently on leave. please may you advise on below request?

thank you Maroula Kroucamp

On 2020-03-25 11:19, Maroula Kroucamp wrote: Good Day Tres Jolie,

any feedback on my mail? I am in a workshop for the whole day therefore cannot take any calls.

thank you Maroula Kroucamp

-----Original Message----- From: Maroula Kroucamp <***> Sent: Thursday, 26 March 2020 10:15 To: Info Tresjolie <***>; Wedding Tresjolie <***> Cc: Christeen Vickery <***> Subject: Re: Fwd: Wedding Quotation ***

Good Day Tres Jolie,

any feedback please? please may you email.

thank you Maroula Kroucamp

On 2020-03-27 12:15, Happiness Moyo wrote: Dear Maroula

Thank you for your email and for your patience.

One of our managers will revert back to you in due course. Please note the response may take a bit long since we are working from home with limited resources.

Kind Regards Happiness Wedding & Functions Coordinator

From Maroula Kroucamp

To Info Tresjolie , Wedding Tresjolie

Cc Christeen

Date 2020-05-09 16:36 Good Day Tres Jolie,

it is with a heavy heart that i need to cancel our wedding venue. we are in this financial difficulty. will it be possible to refund the monies paid to you. we need it to pay other expenses.

sorry again. urgent feedback needed. thanks Maroula On 2020-05-11 19:49, Happiness Moyo wrote: Dear Maroula Thank you for your email. Trust you are well & safe. One of our managers will revert back to you as soon as possible. Please note – the response may take a bit long since we are working from home with limited resources, we are also experiencing high volumes of calls & emails. Kind regards, Happiness Moyo Wedding and Function Coordinator

From Maroula Kroucamp

To Happiness Moyo

Cc Info Tresjolie , Wedding Tresjolie , Christeen Vickery

Date 2020-05-19 11:46

Good Day, hope all is well. any feedback on below? thank you On 2020-09-14 13:24, Happiness Moyo wrote: Dear Maroula & Marius Thank you for your email, we hope this finds you well. We are sad to hear that you are cancelling your wedding. Management is currently working on your cancellation request and will revert back to you by close of business on Wednesday, 23 September 2020. Thank you for your patience and understanding during this time. Kind regards, Happiness Moyo Wedding and Function Coordinator

From Maroula Kroucamp

To Happiness Moyo

Cc Info Tresjolie , Wedding Tresjolie , Christeen Vickery

Date 2020-09-28 13:20

Good Day Happiness, hop you are, any feedback on the monies to be paid back to us?

On 2020-09-30 16:47, Info Tresjolie wrote: Good day Maroula & Marius, We hope this email finds you well. Please accept our sincere apology for the delay in getting back to you. Please find attached correspondence from Trés Jolie regarding the possible cancellation of your wedding. We look forward to hearing back from you on the way forward. Thank you for your patience and understanding during this time. Regards, Tanaka Jongwe

From Maroula Kroucamp

To Info Tresjolie

Cc Wedding Tresjolie , *** , Christeen

Date 2020-10-05 10:43 Good Day Tres Jolie, i would just like to clarify on how much will be paid back to me? thank you Maroula Kroucamp

From Maroula Kroucamp

To Info Tresjolie

Cc Wedding Tresjolie , *** , Christeen

Date 2020-10-06 13:16 Good Day Tres Jolie, any feedback on below. thank you

On 2020-10-06 17:28, Happiness Moyo wrote: Good Day Maroula Thank you for your email. There will be no refund. As per our Ts & Cs you forfeit the R2 000 holding deposit if you cancel your wedding. You will also forfeit the R10 000 that you have paid towards your wedding thus far. Your cancellation damages are in excess of the R10 000 by R217.40 and we have waived it so we will keep the R10 000. Kind regards, Happiness Moyo Wedding and Function Coordinator

From Maroula Kroucamp

To Happiness Moyo

Cc *** , Info Tresjolie , Wedding Tresjolie , Christeen

Date 2020-10-08 09:19

Day Happiness, can you send me the signed agreement with the terms and conditions. thank you Maroula Kroucamp

From Maroula Kroucamp

To Happiness Moyo

Cc *** , Info Tresjolie , Wedding Tresjolie , Christeen

Date 2020-10-09 12:43 Good Day Happiness, please may i have feedback on below? thank you Maroula Kroucamp

On 2020-10-09 17:57, Happiness Moyo wrote: Dear Maroula Thank you for your email. You did not sign a physical contract with Tres Jolie but our Terms & Conditions state that :- On payment of a deposit a contract is automatically entered into, wherein Tres Jolie's (TJ) will provide its venue and other services to you and you agree to abide by the terms and conditions set out herein in their entirety (1st point on Page 11). Please find attached the wedding information pack for ease of reference. When you paid your R2 000 Holding Deposit on the 29th of February 2020, you automatically entered into a binding contract with Tres Jolie. Please let me know if you need more information. Kind regards, Happiness Moyo

From Maroula Kroucamp

To Happiness Moyo

Cc *** , Info Tresjolie , Wedding Tresjolie , Christeen Vickery

Date 2020-11-19 14:35 Good Day Happiness, i will respond to your mail, need to discuss with my fiancé. Thanks

From: Marius @lwts.co.za [mailto:***] Sent: 07 December 2020 03:29 PM To: Happiness Moyo <***> Cc: Info Tresjolie <***>; Wedding Tresjolie <***>; Christeen Vickery <***>; Maroula Kroucamp <***> Subject: RE: Trés Jolie Wedding Cancellation *** *** Good day Happiness Firstly our Company is also a Public Service Provider and we are well aware of the Consumer's rights. Please allow me to rectify your misunderstanding, firstly the venue is only scheduled for next year the 20 March 2021. That gives you a suitable notice and sufficient time to schedule someone else. During the informal discussion we had once we were informed that we need to cancel 3 Months in advance we are cancelling 4 Months in advance. Please refund the R10 000, we have made peace that we will lose the R2000 holding deposit if we should decide to cancel. We did not sign and agree to these terms, we had an informal meeting and no one informed us that whatever we pay we will end up losing. These mails, explanations, Terms and Conditions can't be explained and justified after we started paying it just does not work like that. Please send me your CEO's contact details name and surname?

From: Info Tresjolie [mailto:***] Sent: 09 December 2020 16:11 To: Marius @lwts.co.za <***> Cc: Info Tresjolie <***>; Wedding Tresjolie <***> Subject: RE: Trés Jolie Wedding Cancellation *** *** Dear Maroula & Marius, Trust you are well. Please find attached management's response to your below email dated 07 December 2020. We look forward to hearing from you on the way forward. Kind regards, Très Jolie

From Maroula Kroucamp

To Info Tresjolie , Wedding Tresjolie

Cc ***

Date 2020-12-10 15:23 Good Day Tres Jolie, please advise if my wedding date is cancelled?

From Info Tresjolie

To Maroula Kroucamp , ***

Cc Info Tresjolie

Date 2020-12-10 16:14 Good day Maroula & Marius, Hope you are well. Yes; your wedding date is cancelled. Have a wonderful afternoon. Kind Regards Très Jolie