Consumer Law, Warranties Marina Contract - Deposit Refund

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marilynbvt2

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I signed a contract reserving a boat slip for summer 2008 and sent a $1000 deposit, to reserve it. This was due on Feb 1st.

I had unexpected surgery in April and called the marina in April to let them know that I could not put my boat in this year. I asked that the deposit be applied to summer storage. I received a invoice for summer storage on July 1st.

They told me because I notified so late that they would charge me a for the slip until they could rent it.

There was no language in the contact that the deposit was non-refundable or that any terms with conditions such as prorating. It does say - If you do not want your slip to notifying them so they can open it up to their waiting list.

They wrote this to me today:

There were a few other customers who sent deposits and wished to break contract for various reasons. To be fair to all, we rent the slips available based on dates the customers called to advise us, first come, first serve. Those customers notified us as early as February and March and were aware that we would return deposits based on re-rental date of the slip. For your information, we were able to return some deposits. Others forfeited based on ability to re-rent until later in the season.

Can they do this without it being spelled out in the contract?
 
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