ComplaintsforSip Cafe

• Initial Complaint

  02/09/2024

  Complaint Type:

  Product Issues

  Status:

  Answered

  More info

  I contacted the business on Janaury 19, 2024 for use of the venue for a surprise birthday party. I paid a 250 deposit on January 20, 2024 and the remaining 250 on January 26th, 2024. The owner Tiffany and myself met at her restaurant on 2/3/2024 to go over menu options as her restaurant Sip Cafe was going to cater the event. Tiffany sent me an invoice for the proposed menu on 2/5/204. The proposed menu was out of my price range. Tiffany also advised on 2/5/2024 that the 500 rental only covers four hours inclusive of set up, take down and the event itself. If I had known that going in I would not have rented the space. I then asked if I could use an outside caterer. She said yes for an additional 250. Per Tiffany and the business website to use outside caterers it cost 250, but it gives 8 hours which works for me because I needed more time. Tiffany also explained there is a one hundred dollar cleaning fee, which is on the website so I agree to paying the additional 350, but not before seeing an official contract. Tiffany sent a contract on 2/7/2024 in the contract it specifies an additional five hundred dollar deposit, which I was not okay with. Tiffany also informed me that her prep kitchen for the caterer is not available as it is under construction. I also notice her cancellation policy which was outside of the window of me booking and I had no knowledge of it. I did not sign the contract and asked for a refund, Tiffany refused. Tiffany deliberately misled me, she know her cancellation policy and said nothing to me about it, she also knew her prep kitchen was unavailable and said nothing until after she received my money. She accepted my money without a signed document and expected me to pay for use of a venue that I could not fully utilize. I tried to resolve this with her but she refused.

  Business response

  02/10/2024

  My rental policy is on the website.  The cost is $**0 for an outside caterer.  We do not offer any amenities to outside caterers.  We do not have a kitchen.  The $500 deposit is for incidentals and refundable.  *** ******* delayed the contract because she couldn’t make up her mind on the bare details.  We cannot draw up a contract without the details to put in the contract.  Additionally, we cannot put all the terms of a contract online.  *** ******* waited until the last minute and expected us to waive our policies.  We run an event center where events are booked in advance.  *** *******s event is scheduled for 2/17 and she requested to cancel on 2/9. 

  Customer response

  02/13/2024

  
  Complaint: ********
  
  I am rejecting this response because:

  The rental policy is on the website and I have no issue with that as I told Mrs. Welch that from the start. The additional 500 dollar deposit is not on the website, which is what I had an issue with. There was no delay in the contract for the event space. I requested a space for 2/17 for ** guest for the event to begin at ***. Those were the bare details from start to finish. Those details never changed.

  I considered using Sip Café' to cater the event, which is the excuse Mrs. Welch gave for delaying the contract for the event space. The contract for the event space and catering are two separate contracts as the money and details were already given for the event space so that contract should have been given as well. The catering had not been decided.

  I never asked for the terms to be placed online, but the cancelation policy should be placed online. If there is a cancellation policy it should be disclosed prior to accepting payment. I should have been given the details of all polices pertaining to the event space prior to my money being accepted. There was no way for me to know the cancellation policy without seeing it in writing, or without Mrs. Welch verbalizing it. Mrs. Welch knew when I paid the initial deposit on 01/20/2024 I was outside of the cancellation timeframe and she failed to mention it, therefore defrauding me. Mrs. Welch also failed to disclose there is no kitchen. I learned of this after my money was accepted and only when I asked. It is the duty of the business owner to ensure anything not listed on the site is known.

  Any mention of the catering from Sip Café' is irrelevant as that is not what this case is about. The case is about the event space, cancellation polices, failure to disclose relevant information, poor business acumen, and a refund. However, since it is mentioned I met with Mrs. Welch on 2/3/24 regarding a proposed menu. Mrs. Welch advised a formal proposal would be be forthcoming that evening. I did not get the proposal until two days later on 2/5. (If there was any delay it was not from me.)  Once I received the proposal I decided to use an outside cater for an additional 250 plus 100 cleaning fee. Mrs. Welch sent a contract with the same details given to her from the start on 2/7. After reviewing the contract on 2/7 I noticed an additional 500 deposit. 2/7 is also when Mrs. Welch informed me the kitchen was "under construction" and not available. I did not agree with the additional 500 deposit ten days prior to the event therefore, I did not sign the contract and asked for a refund. Mrs. Welch refused and asked if I had any more questions.

  At that point I was still willing to have the event although I felt that I was defrauded.  I asked Mrs. Welch if the 500 deposit was still required she said yes. An additional 500 deposit plus 350 for the outside caterer, plus the 500 I had already sent was out of my budget. I never would have agreed to that had I known from the start. There were several inconsistencies and several things I was not pleased with, but I was still willing to pay the additional 350 and continue with the event. Unfortunately, Mrs. Welch was adamant that the additional 500 had to be paid. The event was not cancelled by me, it was Mrs. Welch unwillingness to hold herself accountable for not disclosing the necessary information and poor business acumen.

  Respectfully Submitted,
  
  ******* *******

  Business response

  02/13/2024

  1. The cancellation policy is in the contract.

  2. The $500 damage deposit is refundable.  Damage deposits are customary for all private venue rentals. 

  3. A contract for event space rental AND catering services requires more than date, time, and # of people.  The client kept stating she didn’t know about number of guests and food. What am I supposed to do? 
  4. We met on Friday 2/3.  Contract was sent over on Monday… the next business day. 
  5. We do not have a kitchen and do not advertise a kitchen. 
  6. The client came to me at the last minute for her event AND she didn’t know what she wanted.  The guest count changed, use of outside caterer changed, we don’t have a kitchen and don’t advertise one. I cannot run a business like that.  I provided the contract once I got the “final” information. You cannot execute a contract with no content. And we cannot put ALL our policies on the website. 

  Customer response

  02/14/2024

  
  Complaint: ********
  
  I am rejecting this response because:
  

  1. Mrs. Welch is correct in stating the cancellation policy is in the contract. However, I did not receive the contract until 2/7/2024, after my payment was accepted on 1/20/2024, and 1/26/2024. I did not agree with the contract, therefore I did not sign it. 

  2.The details never changed. The event was to take place Saturday February 17, 2024 at *** for ** people. 

  3. I was interested in catering services and needed an official head count for the purposes of a menu proposal and waited for RSVP's to be confirmed. That had nothing to do with the space itself which can easily be confirmed through the text messages between Mrs. Welch and myself.

  4. If me coming to Mrs. Welch was last minute and outside of her cancellation policy which I had no knowledge of she could have rejected my business or at the very least informed me of the policy. The only change was me deciding to utilize an outside caterer.

  5. More importantly there is no contract signed therefore there is no agreement. No services were rendered and legally I am due a complete refund. I was more than willing to pay the additional 350 that allows an outside caterer. I was not willing to pay an additional 500 deposit 10 days out from the event. I had no knowledge of it and did not agree with the contract.

  I am no longer willing to debate this matter. Either Mrs. Welch pays me the full refund in the amount of 500 by the end of business on 2/15/2024 or I will take this matter to small claims court. Again there is no contract, no services were rendered I am owed a refund.
  Sincerely,
  
  ******* *******

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