A little advice??

[Charlie Brown]

I have a booking next week (40th) and I just called the house phone to ask last minute details etc and what time I can set-up. I asked for Michelle but she wasnt in and I asked when she would be back, and the rude voice said another week. I then explained I have a booking for her 40th and it turns out she is in hospital. I then asked "Could it be canceled?" He said hopfully not, but could be.

Now on my terms and conditions which they have signed does state:
"Cancellation less than 2 weeks prior to the booking is subject to an additional charge equivalent to 80% of the total booking charge."

They have also booked me for a 21st in August, but what do I do. if they cancel?

Leave it or ask for the money if they decide to cancel?

Many thanks in advance. Charlie

[djsteve10]

I have a booking next week (40th) and I just called the house phone to ask last minute details etc and what time I can set-up. I asked for Michelle but she wasnt in and I asked when she would be back, and the rude voice said another week. I then explained I have a booking for her 40th and it turns out she is in hospital. I then asked "Could it be canceled?" He said hopfully not, but could be.

Now on my terms and conditions which they have signed does state:
"Cancellation less than 2 weeks prior to the booking is subject to an additional charge equivalent to 80% of the total booking charge."

They have also booked me for a 21st in August, but what do I do. if they cancel?

Leave it or ask for the money if they decide to cancel?

Many thanks in advance. Charlie

You could be just unlucky that she is in hospital, Play it by ear and see what happens, if they wasn't serious they wouldn't of signed your contract would they.

Best bet is to ring the venue aswell and see if the function that you are booked for is going to be held there then at least you know that they are not lying about the function.

Like i say just play it by ear and see what happens over the week,

[rob1963]

I have a booking next week (40th) and I just called the house phone to ask last minute details etc and what time I can set-up. I asked for Michelle but she wasnt in and I asked when she would be back, and the rude voice said another week. I then explained I have a booking for her 40th and it turns out she is in hospital. I then asked "Could it be canceled?" He said hopfully not, but could be.

Now on my terms and conditions which they have signed does state:
"Cancellation less than 2 weeks prior to the booking is subject to an additional charge equivalent to 80% of the total booking charge."

They have also booked me for a 21st in August, but what do I do. if they cancel?

Leave it or ask for the money if they decide to cancel?

Many thanks in advance. Charlie

Hi Charlie,

If they didn't also have you booked for the 21st in August, I would have suggested that you ask for the full 80% charge. There's no point in having it in your t&c if you don't enforce it, and you are unlikely to get another booking at such short notice, in which case you've lost out.

However, it's a bit more awkward as they've also booked you for another gig in August. If you enforce the 80% charge, they might get annoyed, cancel the August booking & not use you again, meaning you'll be worse off in the long run.

If I was you, I'd still take a charge if they have to cancel, but certainly not the 80%. Maybe you could tell them that you'll only take 40%, partly because the cancellation is not their fault & partly because they have made another booking with you for August.

If you go down this route, the actual percentage you decide to take depends entirely on how much you would be happy with.

Hope this helps.

:)

[theoloyla]

Dificult one. If the lady is ill and the party is cancelled you are still entitled by contract to your cancellation fee but would you look good if you insisted on it and also there is the business of another gig that you are doing for them in August. It is up to you. Occasionally these things do happen and in a few instances over the years I have had to bite the bullet and look big and swallow the fee. One other way round is to write a letter and make a gesture which gives you a human face. Something like "you are so sorry to hear that the lady is ill and you wish her a speedy recovery and hope that the party will go ahead. You will sympathise if they decide to cancel the celebration and although you would be entitled to your 80% cancellation fee as a token of good will will accept a smaller fee of xx% (without prejudice) if you are unable to find an alternative booking for the night." At law you can enforce your contract at any time within 6 years; so if they were to muck you about over the August booking it would not be too late to take them to court which is why the phrase in your letter "without prejudice" is vitally important as it still reserves your legal rights if things turn sour later.

[Sam]

If it were me I would not charge them.
They can not control whether they are ill or not. and they would most likely be very impressed if you left it.

When my mum was diagnosed at xmas she was in hospital pretty much straight away for about 2 weeks - we didn't have any advanced warning or anything - so there was nothing we can do - so If we were in the same position as this family, we would have appreciated not having to pay.

[DazzyD]

I don't have a staggered cancellation fee - if they cancel within 2 weeks before the gig then they (normally) get charged full whack.

But, in these circumstances, if the lady is really ill (and not just gone in for a nose job or face lift, etc) I'd waive the charge entirely. I'd also send a get well card and explain that they could postpone the show until a more suitable time. I've done this before (last time was very recently) and from one postponed show I ended up getting a further 3 new bookings (they must have told their friends or something) including a wedding and a retirement party.

But this is only what I would do. Charlie must make his own decision on this.

[ppentertainments]

Its a hard one. I must say though I would have thought they would have contacted you and you said they were rude on the phone. If genuine I probably would follow Dazzy D advise but make sure it is genuine first !!!

[Kernow]

Hi Charlie

You're certainly getting some good, if not a little mixed, advice here ;)

However one thing you must consider is that the minimum legal age to enter into a Contract is 18 and you would certainly not be able to enforce it in a Court unless both parties are that age or above.

I think your best option, to protect both your reputation and future bookings, is to contact your client to see if the 40th is still going ahead. If not then I would agree an alternative date with them.

This way you'll create a lot of goodwill and keep the 21st and also probably further bookings.

If you adopt a 'pushy' or demanding attitude, and they know their rights (as most people nowadays do) you might well end up losing all that you've worked so hard to acheive and get nothing at all from them :eek:

At the end of the day isn't it better to have a small slice of something, rather than a large piece of nothing ?? ;)

[yourdj]

I would keep deposit and take payment for next gig this week upfront, and look around for a replacement gig this weekend if you need the money. Other wise go out and make the most of your free weekend!

Legally you can do what you want but i would not as it may affect your rep (only if the person is not lying - If they are take them down).

[Kernow]

Dificult one. If the lady is ill and the party is cancelled you are still entitled by contract to your cancellation fee but would you look good if you insisted on it and also there is the business of another gig that you are doing for them in August. It is up to you. Occasionally these things do happen and in a few instances over the years I have had to bite the bullet and look big and swallow the fee. One other way round is to write a letter and make a gesture which gives you a human face. Something like "you are so sorry to hear that the lady is ill and you wish her a speedy recovery and hope that the party will go ahead. You will sympathise if they decide to cancel the celebration and although you would be entitled to your 80% cancellation fee as a token of good will will accept a smaller fee of xx% (without prejudice) if you are unable to find an alternative booking for the night." At law you can enforce your contract at any time within 6 years; so if they were to muck you about over the August booking it would not be too late to take them to court which is why the phrase in your letter "without prejudice" is vitally important as it still reserves your legal rights if things turn sour later.

As he's only 14 this is a legally 'voidable' contract and therefore unenforceable in law ??

With or Wihout Prejudice :D

[CRAZY K]

As he's only 14 this is not a legal contract and therefore unenforceable in law ??

With or Wihout Prejudice :D

Does this mean no PLI cover?

CRAZY K

[Kernow]

Does this mean no PLI cover?

CRAZY K

Now that I don't know :confused:
I assume that as 16 year olds require, by law, Motor Insurance (Bikes, & cars @17) then as long as it doesn't involve credit facilities it must be OK for them to have valid insurance of other kinds ??

There are apparently 'exceptions' with regard to contracts with minors, classic examples being Wayne Rooney & the girl from "Harry Potter" but they are very specific and test cases could prove very expensive if you lose :eek:

I'm not a lawyer so it might be better to consult someone who is ;)

The last thing I would want to do is dampen Charlies' enthusiasm 'cos I think he's going the right way to be a real success :)

Hopefully his client will recover and everything will work out just tickety-boo for him. :D

[Ace DJ]

A note for Charlie Brown.
When you issue a contract you have to be over the age of 18. A contract can only be signed over the age of 18.
By issuing a contract you are entering into an agreement. As a contract is between to peolple this would then become void.
You would have to in law get one of your parents to issue a contact in
THEIR NAME as you are still a minor.
Also you cannot by law work in licenced venue This is most important.
and do your clients know you are only 14 years old??
Everything must be done and in the name of your parents.
ACE

[theoloyla]

As far as I am aware under 18's can make enforceable contracts but cannot themselves be sued for breach of contract. If someone agrees to do something or supply something to a minor that minor can take them to court to enforce the contract but if the person supplies the goods and the minor doesnt live up to their side of the contract then they are too young to be sued in court. In certain circumstances they could be prosecuted for fraud if it were proved that they had deliberately and with criminal intent exploited the situation.

[mldiscos]

personally theo, sounds like a time waster but theres not a lot you can about accidents, i would indeed call the venue and if they are lying then i would enforce the rules as stated in your terms & conds, as this a written contract and any breach of that contract has it's penatlies, it covers you and your time.

as if you were any other business.

[Kernow]

As far as I am aware under 18's can make enforceable contracts but cannot themselves be sued for breach of contract. If someone agrees to do something or supply something to a minor that minor can take them to court to enforce the contract but if the person supplies the goods and the minor doesnt live up to their side of the contract then they are too young to be sued in court. In certain circumstances they could be prosecuted for fraud if it were proved that they had deliberately and with criminal intent exploited the situation.

I think you're right Theo (indeed I would never dispute the word of one whom I hold in the highest respect ;) )

However Ace does raise the question "are your customers aware of your age" ?
If they were, and surely for the contract to be fair it should clearly stated within it, would they sign such a 'tilted' document ?

I think Charlie needs to explore the legal implications considerably further before making his decision.

[DazzyD]

The last thing I would want to do is dampen Charlies' enthusiasm 'cos I think he's going the right way to be a real success :)

Hopefully his client will recover and everything will work out just tickety-boo for him. :D

Amen to that, Brother!

[theoloyla]

I think you're right Theo (indeed I would never dispute the word of one whom I hold in the highest respect ;) )


Plenty of others have!