Can I Take My Wedding Venue To Small Claims Court? Location: Texas
This is my first time ever posting, but I have been really upset with my wedding venue over what happened.
I am seeking legal advice regarding a dispute with my wedding venue over whether Cake/Desserts were included in the “Exceptional Package” I purchased and whether the venue’s representations were misleading.
When my fiancé and I first toured a venue operated by this company, we were shown a paper copy of the Exceptional Package that clearly listed both DJ Services and Cake/Desserts as included, each marked with a checkmark and with no footnotes or disclaimers indicating these services were interchangeable or optional. The package said I would pay $7,550, and be saving $3,100. We later chose to book a different venue owned by the same company, and before signing the contract I specifically asked whether anything would be different between venues and was told verbally that the package “should be the same.” There was no disclosure that Cake/Desserts would be removed or substituted, and we felt pressured to sign quickly due to a discount deadline. Because of this, I didn’t notice that my contract listed everything in the “Exceptional Package” EXCEPT cake/desserts.
Approximately seven months later, while reviewing planning details, we were told that Cake/Desserts were not included and would cost an additional $1,500. The venue later explained that DJ services had been substituted for Cake/Desserts because both are valued at $1,500, but this substitution thing was never disclosed prior to signing and is not clearly stated in any written materials (or their website). The venue now claims the package savings are only $1,350, which conflicts with the earlier advertised savings. They have offered either to remove DJ services and add Cake/Desserts or to charge $1,500 to add cake, stating they must follow the signed contract. Because Cake/Desserts were consistently represented as included across sales discussions, printed materials, website content, and post-signing emails, we believe we reasonably relied on misleading representations when deciding to book and are seeking advice.
Is this considered a bait & switch tactic, or false advertising? Can we sue for the cake amount due to misrepresentation / deceptive trade practices? Do we have a case? I honestly just want them to give us a refund for the cake amount or provide the cake as we were under the assumption it was included. Location: Texas
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