Cancellation

[rossken]

I recently received a last minute booking for the 19th November 2011. I got the contract e-signed on Monday, however, no NRBF. I emailed the client today asking for the NRBF and got a reply saying that her sister had booked another DJ and has paid them in full.

My dilemma is that she signed the contract agreeing to my cancellation policy (More than 28 days = NRBF, Less than 28 days = Full Fee), however, the NRBF hasn't been paid meaning technically there is no booking at all.

My contract also says - "Client agrees to pay, upon signing this Agreement, a NON-REFUNDABLE Booking Fee of 25% of the total fee."

The question is, am I entitled to the NRBF, the Full Fee, or nothing?

[BeerFunk]

No booking fee means no booking I'd have thought, which surely means that you aren't entitled to anything. I think you might struggle to get the money from them if they don't volunteer it.

[rossken]

No booking fee means no booking I'd have thought, which surely means that you aren't entitled to anything. I think you might struggle to get the money from them if they don't volunteer it.

I thought that may be the case...

[paulg]

Well lets face it, unless you're prepared to enforce your T&C's most probably you won't get anything - and how many of us have time or the inclination to go to court.

Personally, I don't ask for deposits and payment can be made right up to the start of an event (it has to be cash if there's no time for other payments). If a customer wants to cancel and go elsewhere, why worry?

[rossken]

Well lets face it, unless you're prepared to enforce your T&C's most probably you won't get anything - and how many of us have time or the inclination to go to court.

Personally, I don't ask for deposits and payment can be made right up to the start of an event (it has to be cash if there's no time for other payments). If a customer wants to cancel and go elsewhere, why worry?

I take your point, and that is the way you want to operate, however, I do take deposits and issue a contract and I just want to make sure I'm doing the right thing in this situation.

What's the point of having a contract if you just overlook it and move on every time an issue arises. I'm by no means planning to take it to court, I just wanted to stop and think about what I should do.

[funkymook]

Well lets face it, unless you're prepared to enforce your T&C's most probably you won't get anything - and how many of us have time or the inclination to go to court.

Personally, I don't ask for deposits and payment can be made right up to the start of an event (it has to be cash if there's no time for other payments). If a customer wants to cancel and go elsewhere, why worry?

Seriously? You're happy for one of your clients to cancel 3 or 4 days before the gig giving you no chance to fill the date?

[Shaun]

unless you're prepared to enforce your T&C's

- and how many of us have time or the inclination to go to court.

Yes on both counts, if I felt justified.

I'd never work without a signed contract. If you're not prepared to follow through and enforce them should the occasion arise....then there's no point having them in the first place, if they'ved signed the agreement.


Ross,

I'm no legal expert but does your contract state something along the lines that as soon as the form is signed the client agrees to be bound by the terms? In that case I'd say that it's less than 28 days prior to the event and they owe the fee in full as they have agreed to.

[CRAZY K]

I recently received a last minute booking for the 19th November 2011. I got the contract e-signed on Monday, however, no NRBF. I emailed the client today asking for the NRBF and got a reply saying that her sister had booked another DJ and has paid them in full.

My dilemma is that she signed the contract agreeing to my cancellation policy (More than 28 days = NRBF, Less than 28 days = Full Fee), however, the NRBF hasn't been paid meaning technically there is no booking at all.

My contract also says - "Client agrees to pay, upon signing this Agreement, a NON-REFUNDABLE Booking Fee of 25% of the total fee."

The question is, am I entitled to the NRBF, the Full Fee, or nothing?

Well if a Contract is signed I would have thought that you could insist on at least some compensation.

Im not sure how binding an e contract would be in small claims court--im sure Angela knows

I have been caught recently where no Contract has been received or NRBF has been paid on short notice bookings--

Probably only going to small claims court would get you the fee--probably not worth it.

Im expecting to do that next week---but its for an amount of over £2000.

[Corabar Steve]

Well lets face it, unless you're prepared to enforce your T&C's most probably you won't get anything - and how many of us have time or the inclination to go to court.

Personally, I don't ask for deposits and payment can be made right up to the start of an event (it has to be cash if there's no time for other payments). If a customer wants to cancel and go elsewhere, why worry?

Seriously? You're happy for one of your clients to cancel 3 or 4 days before the gig giving you no chance to fill the date?

Obviously a part-timer with a "day job"

[surround sounds]

I'm a part timer but i still get a signed contact..