Can I get my deposit back? Booked hunt with outfitter contract expired?

[longtail]

So I have had a hunt booked with an outfitter for the last 3 years. Paid my deposit and signed a contract but now due to Point creep have not been able to draw. The contract dates only state for 2024 and to rollover to 2025. I did exchange an email prior to the draw about what would happen if I didn't draw this year and they responded that they could redo the contract but at this point due to the uncertainty of the draw I just want my deposit back and be done with it. Any lawyers or legal folks out there with any advice? anybody else been or are in this situation? I am hoping we can just come to an agreement and they will give me the option to refund my deposit but I wanted to know what legally I could do if I had to.

 

[survivalistd]

Reach out to them.

 

[AZ Gator]

I’m not a lawyer, and I haven’t been in your situation, but it seems there is way to many unknowns in the information you have shared to get any definitive answers.

My thoughts are that a good outfitter would be accommodating, but probably not refund the full deposit if you choose to give up. What does the contract say happens to the deposit when the contract expires? That should be basic info in the contract.

 

[MNGrouser]

The language of the contract will control. Based on the little you have given us, it sounds like you are at the mercy of the outfitter. I would say it also sounds like he is being reasonable given the option to rework the contract/dates. Good luck!

 

[Boarmaster]

Read your contract. What does it say?

 

[GSPHUNTER]

Read your contract. What does it say?

That^. It should all be within the four corners of contract.

 

[180ls1]

Sounds like the contract does have a rollover contingency but not 3 years worth of rollovers. If not expressly stated, thus being in a "gray area" it would be reasonable to assume (remember, the law cares about reasonableness) that you would continue to roll over until drawn.

That's how I see it. Like others have mentioned it's probably best to work with the guy and see what he offers. You are not likely in a winning position.

 

[bucksnbirds]

You backing out of the draw due to point creep isn't on the outfitter. If it says no refunds anywhere in the contract, you're SOL. They are willing to redo the contract. I'd go that route and hope for the best.

But spending most of my career running a waterfowl outfitter, there are no refunds.

 

[Moxeg]

Have you reached out to them?

 

[longtail]

Good news pending the outfitter goes through with what they are promising. They are willing to void and cancel any contract and reimburse me the majority of the deposit minus a very small fee. She was very understanding and willing to work with me. Gave me multiple options. Top notch service which is rare anymore. And for the record, I did not Back out of the draw. I applied and was unsuccessful. Actually, 2 years in a row. My original contract stated the hunt was for 2024 and the wordage in the contract was to rollover to 2025. Lots of verbiage in the contract to protect the deposit for the outfitter but the fact there was no verbiage for future years like 2026 or beyond I was thinking it wouldn't be worth the hassle for the outfitter and I to go back and forth. hopefully the check is in the mail like has been promised