cancellations contracts terms and conditions

[Vectis]

Cheeky

From my T+Cs:

1. The booking fee is non-refundable except in extreme circumstances at our discretion;
2. Any cancellations must be made by you at least 30 days prior to the date of the event. If you fail to cancel before this time we will charge you the full agreed fee minus 20%. This may be waived in the event that we successfully re-book the date. We feel that this arrangement is fair; we frequently turn away work for popular dates due to being committed by contract such as this. The 20% reduction represents our direct costs such as travel and subsistence;
3. You must make any significant changes (eg. change of venue or date) known to us as soon as possible. In these circumstances we reserve the right to amend our pricing or withdraw from the agreement. If we elect to withdraw for any reason other than a change of date, you will not be liable for the full booking fee;


#2 kinda reflects what has been said already in this thread, however I feel it's fair to deduct an amount to cover direct costs which won't be incurred if you don't have to go to a gig. The 20% figure is a bit of a stab in the dark as this varies wildly from gig to gig of course.

#3 gives us a getout if the venue is changed from an easy one to a horrible one!

[Solitaire Events Ltd]

Good lord, I wouldn't! Stick to the unemotional facts of the matter at hand

I agree.

[rob1963]

On the email, I'd also politely mention the fact that this is your living, and if everyone cancelled at short notice without having to pay, you'd have gone bankrupt many years ago.

Good lord, I wouldn't! The last thing you want when writing a legally weighted business letter is to include slightly snivelly, vaguely apologist rhetoric like that.

Al,

With all due respect, I wasn't referring to a legally weighted business letter.

I was referring to an initial friendly & polite email.

If that didn't work, THEN I'd start sending formal legally weighted business letters giving them 7 days to pay, threatening legal action if they didn't etc...but hopefully it wouldn't get to that stage.

I didn't say what was the right or wrong thing to do, just how I would have dealt with the situation.

[CRAZY K]

Al,

With all due respect, I wasn't referring to a legally weighted business letter.

I was referring to an initial friendly & polite email.

If that didn't work, THEN I'd start sending formal legally weighted business letters giving them 7 days to pay, threatening legal action if they didn't etc...but hopefully it wouldn't get to that stage.

I didn't say what was the right or wrong thing to do, just how I would have dealt with the situation.

Having just collected a cancellation fee successfully I would agree--

Heres my recorded delivery letter---

Further to my conversation with your wife last Monday I was hoping to hear from you following my request that you call me to discuss the cancellation of this booking.

As I have not heard anything as confirmed over the phone we are owed £200

I am enclosing an Invoice payable within 14 days for the balance of the cancellation fee which is a nett amount of £200 after deducting the non refundable booking fee of £50.

The cancellation fee is £250----£100 less than the whole fee for the evening—this allows for savings made on transport and time AND WAS CLEARLY POINTED OUT IN OUR ORGINAL LETTER.

Copy of signed Contract is enclosed.

I look forward to receiving your remittance within 14 days, as mentioned on the phone to your wife I turned away another function for the same evening because I was committed to your function by written Contract and not prepared to let you down,

Best wishes,

xxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxx

I think that says it all really--after that you get heavy if Invoice not paid

CRAZY K

[rob1963]

Any cancellations must be made by you at least 30 days prior to the date of the event. If you fail to cancel before this time we will charge you the full agreed fee minus 20%. This may be waived in the event that we successfully re-book the date. We feel that this arrangement is fair; we frequently turn away work for popular dates due to being committed by contract such as this. The 20% reduction represents our direct costs such as travel and subsistence

Personally, I'd lose the highlighted part, as it departs from the actual t & c, and starts to give opinions & explanations, which I don't feel is necessary.

[CRAZY K]

Personally, I'd lose the highlighted part, as it departs from the actual t & c, and starts to give opinions & explanations, which I don't feel is necessary.

My letter said---

snip

I look forward to receiving your remittance within 14 days, as mentioned on the phone to your wife I turned away another function for the same evening because I was committed to your function by written Contract and not prepared to let you down,

snip

Short and simple--either way its a standard Contract penalty found in everyday life---e.g. Wedding Caterer, Marquee Hire etc.

There should be no need to explain a great deal,

CRAZY K

[PropellerHeadCase]

On the email, I'd also politely mention the fact that this is your living, and if everyone cancelled at short notice without having to pay, you'd have gone bankrupt many years ago.

Personally, I'd lose the highlighted part, as it departs from the actual t & c, and starts to give opinions & explanations, which I don't feel is necessary.

[rob1963]

Originally Posted by rob1963
On the email, I'd also politely mention the fact that this is your living, and if everyone cancelled at short notice without having to pay, you'd have gone bankrupt many years ago.

Quote:
Originally Posted by rob1963
Personally, I'd lose the highlighted part, as it departs from the actual t & c, and starts to give opinions & explanations, which I don't feel is necessary.


Al, I don't understand your confusion with my above posts.

The first one was referring to what I'd say in an initial friendly email to a client who cancelled at short notice and therefore still had to pay the full balance.

The second was my suggestion to Vectis about something in his formal terms & conditions of business...which I felt was not necessary.

I don't see the connection.

[CRAZY K]

Originally Posted by rob1963
On the email, I'd also politely mention the fact that this is your living, and if everyone cancelled at short notice without having to pay, you'd have gone bankrupt many years ago.

Quote:
Originally Posted by rob1963
Personally, I'd lose the highlighted part, as it departs from the actual t & c, and starts to give opinions & explanations, which I don't feel is necessary.



Al, I don't understand your confusion with my above posts.

The first one was referring to what I'd say in an initial friendly email to a client who cancelled at short notice and therefore still had to pay the full balance.

The second was my suggestion to Vectis about something in his formal terms & conditions of business...which I felt was not necessary.

I don't see the connection.

Sent out my new revised letter today for a new gig---

snip
Please note the cancellation condition in the Contract which means if the event is cancelled less than 30 days before the event there will be a further charge of £250.

We always suggest clients take out Wedding Insurance against these eventualities.
snip

No excuses for not knowing and a chance for them to insure themslves--but then again it is in TEWKESBURY

I must be Crazy!

CRAZY K

[PropellerHeadCase]

Originally Posted by rob1963
On the email, I'd also politely mention the fact that this is your living, and if everyone cancelled at short notice without having to pay, you'd have gone bankrupt many years ago.

Quote:
Originally Posted by rob1963
Personally, I'd lose the highlighted part, as it departs from the actual t & c, and starts to give opinions & explanations, which I don't feel is necessary.


Al, I don't understand your confusion with my above posts.

Well, in the first one you are suggesting giving opinions and explanations and in the second you are suggesting that you don't. I appreciate that one is an email and the other the Ts & Cs themselves but it still seems like contradictory advice to me.