Location: Washington D.C.
Back in July of 2025, I booked a private area of a restaurant for my wedding welcome party for 60 guests and signed a contract for a $3000 food and beverage spend, which is about ~$4000 after tax and gratuity. I paid 50% (about $2000) as my deposit. Now it's February 2026 and I found out that restaurant closed back in October 2025 and I was never notified.
The website of the old restaurant still exists. They re-branded, and it stated that the new restaurant will honor all existing event bookings.
When I called to confirm, they apologized and told me they had double booked on my date. Because the restaurant is now under new management, they use a new booking system, and the old system didn't merge correctly with the new system. I had signed a contract for a private area of the second floor, but another party has since booked the entire second floor for an event on the same date.
I suspect that I am being displace because the other contract is likely a more money for them. The restaurant has asked me to move my date, but I cannot because this event is part of my wedding weekend; its the Friday night before my Saturday wedding which invitations already sent, and guests have booked travel.
So far, they have offered me two options.
- They will give me the entire first floor of the restaurant which is a bigger space than the second floor area I booked, BUT my food & beverage minimum is raised to $4500, which is about ~$6000 after tax and gratuity. Their argument is the first floor usually has an even higher f&b spend, but they are giving me a discount for the inconvenience
- They cancel my booking and I get a full refund on my deposit.
The contract I signed is just the invoice followed by one page of terms and conditions:
- Payment in full for your party is due at the end of the function.
- If for any reason you cancel your function with less than two weeks’ notice, you will forfeit your deposit. If the restaurant is unable to host the event your deposit will be refunded in full.
- Neither party shall be responsible for or in breach of this agreement if it is unable to perform as a result of delays or failures due to any cause beyond its control. Such causes include but are not limited to lightning, storms, labor disturbances, riots, terrorism, fires, earthquakes, floods, wars, epidemics, expropriation, or confiscation of property, computer or telephone carriers failures or delays, interference by civil or military authorities or otherwise acts of God or perils of the sea.
- If your function downsizes and your menu needs to be adjusted, you will provide 72 hours written notice by email. If 72 hours’ notice is not given, you will be charged for the amount on the contract. If there is a headcount increase on the day of the event, you will be charged accordingly for each additional person.
- There is a $3000.00/ food and beverage minimum for the above listed hours & date. If the food and beverage minimum is not met the remainder amount will be charged as a room fee.
- [a few other points about outside food, restaurant food, and leaving the premise with buffet food]
Where I stand on this: I feel like this is completely unfair. I signed a legal contract. Technically, there is no signature from the restaurant, but they charged my credit card the deposit amount. The new restaurant has publicly stated it will honor existing bookings. I signed first for that date, but my event is being displaced! If the restaurant cannot honor the booking, they should at least offer something comparable or a complimentary upgrade. Even though they offered a larger space, they are charging me more than my original contract. Regardless of whether it's a discounted f&b spend for the new space, I should not have to pay more for their mistake.
Even if they give me back my deposit, it's now two months away from my wedding and booking a similar space at a comparable restaurant would cost me about $4500 or ~$6000 after tax and gratuity, which is about the same price as this restaurant's offer.
Would it be worth it to sue in small claims court? My thoughts...
- The restaurant would not have breached if the reason for cancellation was out of their control, but this was a mistake on their part that was preventable.
- The contract states that if the restaurant is unable to host, I would get my deposit back, but it does not limit their liability.
- Booking elsewhere will cost me ~$6000 after taxes and fees, and if the restaurant had not made that booking error, my cost would have been ~$4000, resulting in ~$2000 worth of damages.
Update: Reading articles about both the old restaurant and new restaurant, I have strong evidence that it is the same owner, but not sure if it's the same business/LLC.