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Old 10-Aug-19, 06:09
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Jennifer Jennifer is offline
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Default Need Help with Deposit Dispute

I am hoping you guys can help me. I have a guy who believes he should be refunded his deposit , however the girl defends herself and says NO.
I am not sure who is in the "Right" .
This girl has never had a complaint before and I would not consider her a scammer. Please Read the following and let me know your opinion.
Thank you!!


FROM GUY:

I contacted ***** this morning who was visiting Atlanta that I found thru your site for a foot worship session. I explained I would be driving 3 hours from Alabama to see her. She said she could do a 7pm appointment tonite. She asked for a deposit of $100 that I sent her thru Amazon and she asked for a reference. I told her I had seen Goddess Samantha, who is also on your site. I had done a few foot worship sessions with Samantha in the past. I sent the deposit at 6am. I contacted her again at 3pm to confirm we were a go and to get the hotel address. She then claims she couldn’t reach Samantha so she wasn’t able to do the session unless I sent her a copy of my id. I said I would be happy to meet her in the lobby and show her my id, but I didn’t feel comfortable sending it over the internet because of id fraud. She refused and I said I understand so to return my deposit. And she refused claiming it was non refundable. I said the deposit is non refundable if a customer doesn’t show up, but if the provider refuses the session then I should get a refund. I found **** thru your site and thought you should know. Now I’m going to have to hassle with filing internet fraud and a small claims case to get my money back. It’s not so much about the money as it’s the principal of getting ripped off by someone claiming to be legitimate.


FROM SESSION GIRL :

In short, this guy became very hostile when his reference didn't get back to me in time (less than 10 hours) while I was traveling when I could have been taking other bookings.
I was traveling to Atlanta Saturday and woke up at to an email from this guy wanting to session with me that same night. I sent back an email explaining what I needed to book a session. Either a positive model reference, or a photo to prove identification and a non-refundable booking fee. He actually wanted to pay for the entire session amount in amazon, but I told him I would rather have cash in person and to just pay the $100 booking fee. He sent the reference (Samantha Muscle-with no contact information that I asked for) and an Amazon giftcard booking fee. I found Samantha's info and sent her an email AND a Twitter DM right away.

Our session was scheduled for 7 p.m. and I get an email from him after I arrive in ATL at around 3pm asking for the hotel address. I politely told him that his reference hadn't gotten back to me despite the fact that I sent her an email, and a Twitter DM. I explained sometimes it's hard to book last-minute sessions and that I normally book stuff in advance. I gave him two options, send me a photo verifying his identification, or give his reference time to get back to me and reschedule before I leave.
<Screenshot_20190621-095056_Gmail.jpg>
I understand people not wanting to send a photo of their ID but he KNEW my non-negotiable booking process clearly stated in the first email I sent him. I gave him 2 options to reschedule even though I had a very busy schedule and I even OFFERED him something in return for his non-refundable booking fee since he was refusing to send ID or Reschedule. I didn't even have to do that.
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  #2  
Old 10-Aug-19, 07:11
inconcordim inconcordim is offline
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Default Re: Need Help with Deposit Dispute

I'd say she is fully in the right. The terms were stated upfront and, by paying the non-refundable booking fee, the guy accepted the risks that come with trying to set up something on such short notice.

Also small claims court for $100? Please.
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Old 10-Aug-19, 08:00
RNC RNC is offline
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Default Re: Need Help with Deposit Dispute

I have big sympathy for the guy here. It sounds like he made a real effort to follow the session girl's instructions and is now out-of-pocket by $100. The decent thing, in my view, would be for the session girl to refund him.

If she intended to keep his deposit in the event of not being able to contact his reference, she should have explicitly stated this upfront. Describing the deposit as "non-refundable" is not the same as explicitly stating this. I would have interpreted "non-refundable" in the same way that the guy interpreted it, i.e. non-refundable if the guy changes his mind about the session.

It is ambitious to expect a same-day turnaround from a reference. Therefore, I think she should have warned him in advance that he would lose his $100 if his reference could not be reached.

It impossible to clarify all eventualities in advance - so I can forgive her for not calling this out in advance (she is likely to be very busy, etc). However, given that the guy made a genuine effort to follow her instructions, it would seem unfair to me for him not to get his $100 back. I have much more sympathy for him than for her here.

Going forward, she should try to be clearer on her deposit policy - especially for same day sessions (unless she wants to continue to pick up $100s in similar circumstances in the future).

Edit: As it is not black & white (i.e. to her, non-refundable may mean non-refundable in any circumstance), I don't think you should force her to refund him - or penalise her for not refunding him. I just think a refund would be the decent thing to do - but it is up to her. A small claims court would be unlikely to rule in his favour IMO.

Last edited by RNC; 10-Aug-19 at 08:16. Reason: to add the "edit" section
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Old 10-Aug-19, 08:09
Peter07 Peter07 is offline
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Default Re: Need Help with Deposit Dispute

I think the girl is in the right, especially because she gave him the chance to send a copy of his ID when the reference did not reply. If he was worried about ID fraud he could have covered up everything except the picture and his name. She set up the requirements in order for him to have a session with her in the first email and he chose not to meet those requirements. I think that it is ridiculous that he tried to book the same day especially with a girl he has never sessioned with and was also traveling. It seemed to me like she was trying to be as flexible as she could be.

I can kind of see why the guy feels like he should get deposit back but I guess it really depends on what the first email really says. If it says deposit is non refundable if reference doesn't reply or he doesn't send ID then he should not get it back.

This is a tough call. Especially after reading other forum members responses. Can she give back half the deposit maybe that would be the closest thing to being fair. In future have it explicitly written that no reference response or ID before session means non refundable deposit.

Last edited by Peter07; 10-Aug-19 at 08:21.
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Old 10-Aug-19, 08:40
Jontheairbender Jontheairbender is offline
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Default Re: Need Help with Deposit Dispute

Why did he not re-schedule? Just push it back a day to give Samantha time to come back?
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Old 10-Aug-19, 08:43
RNC RNC is offline
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Default Re: Need Help with Deposit Dispute

Quote:
Originally Posted by Jontheairbender [Only Registered Users Can See LinksClick Here To Register]
Why did he not re-schedule? Just push it back a day to give Samantha time to come back?
Because she was visiting Atlanta.
  #7  
Old 10-Aug-19, 09:34
Juvi Juvi is offline
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Default Re: Need Help with Deposit Dispute

The situation is indeed not easy as I think they were both acting honest and in best believe to set up everything well.

My "problem" is the reference. I know some girls ask for it and I always wondered how this would work. Does the woman have to write to the other woman to get confimation ? Or wouldn´t the guy rather have to ask his reference to send a confirmation to the new girl ? If a short term reply is required it can be quite difficult, not every girl is checking her mails every day, and not everybody is a fast replyer either. And is every woman happy to refer her customers to others ?

This being said, the woman asked for a reference, which the guy couldn´t provide (he gave a name, but for me it´s his responsability to check with his reference that she confirms). As she had reserved a spot for the session with him, and wasn´t able to rebook somebody else on such a short notice, for me I can´t blame her for keeping the deposit.

What I would suggest as a solomonian "judgement" is no refund, but half of the deposit should be considered as a down payment for an eventuel next session, meaning that the guy will get a 50 Dollar discount next time.
He would still have to provide a reference though

The only uncertainty is that if they would both still want to do a session after this incident ?
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Old 10-Aug-19, 10:21
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Royh Royh is offline
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Default Re: Need Help with Deposit Dispute

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Old 10-Aug-19, 10:45
Carter01 Carter01 is offline
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Default Re: Need Help with Deposit Dispute

It seems to me that the implied contract agreed by him when he sent the deposit was "to send a reference", not "to send a reference who must absolutely reply within 12 hours". If his reference is real and not a fake, then he respected his part of the contract.
I don't know the US legal system, but in the contract law of my country there is a distinction between obligation of means and obligation of result, and it is obvious to me that his obligation here would be an obligation of means ("I commit myself to send you a reference"), and NOT a obligation of result ("I commit myself to send you a reference who WILL reply within 12 hours"). Besides, in the second case he would probably not have accepted the contract because of the high risk of no-reply in time.

If she decided to modify the contract afterward with new terms not agreed by him (reference who must reply within 12 hours, ID/picture sending...), then she had to take notice of his refusal and stay on the agreed contract (meet him even if the reference didn't reply) OR terminate the contract (send him back his deposit).
It's a pity that she reserved a spot for a session which didn't happen, but she has taken the risk herself by trying to apply her reference policy for a same-day session.

I'm skeptical about the non-refundable-booking-fee-whatever-happens concept. Does this mean that there won't be refund even in case of force majeure (sudden storm etc...) or last-minute cancellation from the mixed wrestler herself?
Generally speaking, I think deposit seizure is only legitimate in the case of a very serious misconduct from the client (a no-show, typically), not for a session which didn't take place because of some forgivable misunderstandings or bad luck.

Quote:
Originally Posted by Juvi [Only Registered Users Can See LinksClick Here To Register]

The only uncertainty is that if they would both still want to do a session after this incident ?
I suppose not. The submissive within me loves the idea of booking a femdom session with a mixed wrestler who hates me in real life, but I think most mixed wrestlers would refuse.
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Old 10-Aug-19, 10:52
KazanaVest12 KazanaVest12 is offline
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Default Re: Need Help with Deposit Dispute

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what are your thoughts on this?
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