Outfitter deposit

[DeepI In The Rut]

Hey there - I signed a contract to hunt with an outfitter in 2022 to hunt in 2023. That hunt happened, good hunt, successful harvest. I wanted to hunt with him again in 2024, he had a spot available and I sent him a deposit. I did not draw a tag for 2024. I recently asked him when I would receive my deposit back. Outfitter's response "I never sent a deposit back since they are non refundable and are forwarded to the following year. That was on the info sheet sent you a few years ago." I can only do one guided hunt per year financially and time off availability. Based on point accumulation and planning, I have hunts arranged for the next 3 years and am not available to hunt with said outfitter. If I would have known of this deposit carryover and non refund, I would not have applied. How much am I in the wrong for not reading information that was sent a few years ago and for a previous hunt (I don't even have that paperwork anymore; nothing new was provided for this 2024 hunt or signed - just sent the check); for expecting a refund (all other outfitters I have dealt with have given refunds which is why I guess that I expect(ed) one)? Any legal recourse or not worth burning the bridge; who knows if he'll be in operation next time I'm available to hunt or if he'll have a slot available? Thanks.

 

[Jaker_cc]

You’re looking for legal recourse for not reading the contract sent to you by said outfitter? If you had a good dealing with him in the past why not talk to him and express your concern instead. Maybe he will make an exception for you

 

[180ls1]

Pick up the phone (no text or email) and see if he will make an exception. You may want to offer a surrender fee where he keeps a portion.

No need to legalities and lawyer talk yet, that'll just push things further from resolving.

 

[DeepI In The Rut]

You’re looking for legal recourse for not reading the contract sent to you by said outfitter? If you had a good dealing with him in the past why not talk to him and express your concern instead. Maybe he will make an exception for you

I did read the contract a few years ago - nothing was provided for this year's hunt; just sent him the deposit (obviously my mistake/bad). I obviously did not know or recall his line of it being nonrefundable.

 

[waspocrew]

I agree, it's worth calling and talking to him. See if he will make an exception. If you're lucky, you'll get all of it back. Even if he keeps 10%, it's better than nothing.

 

[wytx]

You signed a contract? If so no legal recourse- probably.
Cal and talk but likely you'll be on the hook for that deposit.

 

[j_volt]

Rolling the deposit seems appropriate to me, but this is something that I would have clarified prior to the draw if I knew it wasn’t a guaranteed draw. Give him a call and see if you can talk him into something different for the situation, or it looks like you’ll be going in 2028.

 

[svivian]

was the contract you signed in 2022 only applicable to the hunt that was done in 2023? That is where I would start.

 

[RS_Non-Res]

Non-refundable deposits are pretty common where I'm from. Deposits roll-over to the following years' draw or take advantage of other tag options.

That's why I have ("always" 2x) contracted with outfitters after drawing tags. Just have to be quick after the draw results are released.

 

[DeepI In The Rut]

You signed a contract? If so no legal recourse- probably.
Cal and talk but likely you'll be on the hook for that deposit.

I did not sign a contract for this year's hunt...just sent him the deposit (lesson learned). I do not have the contract from the previous year's hunt since I had signed it and sent it back to him back in 2022.

 

[DeepI In The Rut]

was the contract you signed in 2022 only applicable to the hunt that was done in 2023? That is where I would start.

I would have assumed so (only good for that year)...and that I would have a new one for this year of 2024; I just went along and paid the deposit for this year of 2024 without a contract (lesson learned). I did not have the previous contract to review since I had signed it and sent that to him in 2022.