Client Booking Cancellation.

[SC Events]

Hi All,

I received an enquiry in 2012 to DJ for a Wedding this year. An amount was agreed and the signed booking contract and deposit were received.

However, a few months later, I received an email to say that "Due to unforeseen circumstances, can we please change our date to 2014", so this was done without extra charge and a new contract issued, which was signed... sorted you might think? Oh no...

Early this year, I received another email saying "Due to unforeseen circumstances, can we please change our date to 2015" So again, being soft, I changed the date without extra charge, but told the client if they wanted to move the date again, then I would charge them another deposit of £100.

About 4 months ago, the client out-of-the-blue paid me the remaining amount of money (and through PayPal which I never once stated that I even accepted) and so I assumed now everything was finally going to go to plan...

Yesterday, I received an email saying "Due to unforeseen circumstances, can I please cancel the booking with you for 2015 and can you also refund any money except the deposit and PayPal charges"

This has annoyed me somewhat, as despite being a cancellation, I have moved the date for the client twice at no extra charge and i've had to spend time re-issuing contracts etc.

I do have a line within my Terms & Conditions that says "Any monies paid to SC Events is non-refundable under any circumstances" therefore, although she is within the cancellation clause of 1 month for still being charged 100% of the fee, as she has already paid the money, I am reluctant to refund it due to being messed about so much.

Any advice is greatly appreciated!

[Excalibur]

Scott, I'm missing something here. The date of the function is 2015, so surely they won't be liable to lose anything except the deposit? I don't see how you can hang onto the lot. I reckon you could keep the Paypal fees, as the customer says, the deposit of course, and perhaps a small handling charge.

Not really my specialist subject, so it's only personal opinion, not hard facts. Sorry.

[yourdj]

I am no legal expert either but you have already accepted moving the date so thats a done deal.
Either way you have done that in good faith so you are just left with the balance, the booking fee and your cancelation policy.

I cant see why any payment is not refundable by law as that seems a bit stingy to me as you have more than enough time to cover that date (2 years). I have a teared system over a certain amount of months and anything from 6months then the whole balance is refunded, but the booking fee retained - up to one month 100%. Even then i have still used my judgement in each case and often just refunded clients.

i would charge them an admin fee plus the booking fee (its not a deposit as you have to pay deposits back) and call it quits.
See how long it has taken you to do the admin and then charge them a reasonable rate as this is very strange. £25 an hour or so, which will probably work out at £50.

[deltic]

I'm with peter on this one keep the deposit plus the paypal fees, and return the balance… no need to make unnesesary enemies.

[musicologydisco]

Yep. Give it back

[Solitaire Events Ltd]

Agree with Peter...

[Jim - Scotland's Party DJ]

Have to agree with the guys here. You've got the deposits for doing nothing and if you do add an admin fee (personally I'd be a bit hesitant to do this if you keep both deposits) then you've got a nice little wad for not doing a whole lot.

If you keep the money then you risk having your name run down which in the days of Facebook isn't a good idea business wise.

As an aside, I can't see how you could possibly enforce a clause which states any money you receive is non refundable and it may give you problems down the line if anyone ever takes you to court over your contract.

Even if it's not specifically to do with that clause, a contract has to be "mutually beneficial" and if it's too heavilly sided in favour of one party (which in this case I'd say the no refunds at all is a big weighing in your favour) then the whole contract can be deemed null and void... Just something to consider.

[yourdj]

you've got a nice little wad for not doing a whole lot.

Good point. I would personally probably just keep the booking fee given the fact they have changed the date twice.
If it was for a booking in 2015 I would probably refund the whole amount.

Its not a deposit as you have to pay a deposit back (unless stated as non refundable or on the agreement they have signed).

http://www.photography-forum.org/sho...s-Booking-Fees

[funkymook]

I agree with the majority of opinion above - unless you have (and can prove) that you lost business due to their rescheduling.

[DazzyD]

...
As an aside, I can't see how you could possibly enforce a clause which states any money you receive is non refundable and it may give you problems down the line if anyone ever takes you to court over your contract.

Even if it's not specifically to do with that clause, a contract has to be "mutually beneficial" and if it's too heavilly sided in favour of one party (which in this case I'd say the no refunds at all is a big weighing in your favour) then the whole contract can be deemed null and void... Just something to consider.

Jim is quite right. That paragraph in your contract appears exceptionally one sided and could easily contravene The Unfair Terms in Consumer Contracts Regulations 1999. A contract has to be a two-sided agreement. If it's weighted in favour of one party then it risks becoming unfair. I'd recommend that anyone who is drawing up a contract gets it checked over by a legal advisor before using it. It's the best way to ensure it is water-tight and then these problems don't occur.

...I have a teared system over a certain amount of months and anything from 6months then the whole balance is refunded, but the booking fee retained - up to one month 100%. Even then i have still used my judgement in each case and often just refunded clients.

...

I wouldn't cry over it! It's only business!!