Would the contract be valid?

[Tom]

Just had a thought.


Let's say Mr Bloggs books you for a disco. He reads and signs your terms and conditions and pays the booking fee.

All sorted with no problems.



You then get a call a week from the actual gig to find out that Mr Bloggs has passed away and Mrs Bloggs is demanding the deposit back.

What would you do?

[Dynamic Entertainment]

It depends on your T&Cs. Mine has a section in it:

"However if your function is cancelled through bereavement, your deposit will be off set against a re-booking for the same type of function. If the person(s) celebrating have passed away then a full refund will be re-paid"

[CRAZY K]

Just had a thought.


Let's say Mr Bloggs books you for a disco. He reads and signs your terms and conditions and pays the booking fee.

All sorted with no problems.



You then get a call a week from the actual gig to find out that Mr Bloggs has passed away and Mrs Bloggs is demanding the deposit back.

What would you do?

To answer the actual header posted question--yes;)

Would I return any non refundable fees--no.

Would I charge a cancellation fee--no--- as long as I got evidence of death to satisfy me.

CRAZY K

[DeckstarDeluxe]

Alot would depend on my gut instincts to wherever or not its true. I have to say though do you really think anyone is going to want a party if someone has just died?

If i was full time I would however have it in the t&c's as its something beyond your control.

[Larry B Entertainment]

To answer the actual header posted question--yes;)

Would I return any non refundable fees--no.

Would I charge a cancellation fee--no--- as long as I got evidence of death to satisfy me.

CRAZY K

You would actually ask to see the death certificate before dropping the cancellation fee ? :eek:

[djsteve10]

To be honest if I had somebody who had suffered a death in the family I would just send my sympothy and then refund their deposit. I don't think the tough business man act is the way to go about when this eventuality is involved.

Sorry but that is just my opinion.

[DJWilson]

I would refund the deposit and send a card.

[Vectis]

To be honest if I had somebody who had suffered a death in the family I would just send my sympothy and then refund their deposit. I don't think the tough business man act is the way to go about when this eventuality is involved.

:agree:

But, technically, surely if the person who signed your contract died prior to execution (pun intended :D ) of the services described in the contract, then any claim for cancellation fees/full payment etc. would need to be made against his/her estate along with any other creditors.

For the sake of a couple of hundred quid I'd personally write off the whole thing as a goodwill gesture (but make sure this was made known to nearest & dearest - you might as well get a bit of good publicity out of the situation :o ).

I've not come across this situation in 25 years so pretty unlikely to start happening anytime soon. I've had a 'near miss' before now when a bride's father passed away the day before the wedding - but I received instructions that the party should go on regardless although the wedding itself was postponed. I made sure we had a few sombre moments for Dad for the friends & family who knew him but otherwise, IIRC, it was a good night! :)

[djsteve10]

:agree:

But, technically, surely if the person who signed your contract died prior to execution (pun intended :D ) of the services described in the contract, then any claim for cancellation fees/full payment etc. would need to be made against his/her estate along with any other creditors.

For the sake of a couple of hundred quid I'd personally write off the whole thing as a goodwill gesture (but make sure this was made known to nearest & dearest - you might as well get a bit of good publicity out of the situation :o ).

I've not come across this situation in 25 years so pretty unlikely to start happening anytime soon. I've had a 'near miss' before now when a bride's father passed away the day before the wedding - but I received instructions that the party should go on regardless although the wedding itself was postponed. I made sure we had a few sombre moments for Dad for the friends & family who knew him but otherwise, IIRC, it was a good night! :)

I agree, Also I think that if you stated that you wasn't going to give them a refund then I think that the client would not use you again because of your attitude during the circumstances that they are in.

It looks good for you too if you understand the times that they are going through.

[CRAZY K]

You would actually ask to see the death certificate before dropping the cancellation fee ? :eek:

I would want to satisfy myself IT WAS GENUINE.

Dont forget most other businesses wouldnt even bother---they would just want their money:eek:

CRAZY K

[djsteve10]

I would want to satisfy myself IT WAS GENUINE.

Dont forget most other businesses wouldnt even bother---they would just want their money:eek:

CRAZY K

And what if the client doesn't want to dispatch a copy of the certificate due to the fact you aren't family and they reserve the right not to dispatch it if they don't want. To be honest I think you need to think about if you was in the situation and they was on the phone and told you all this, There are some bad people out there but I can imagine nobody would cancel a party and use this for an excuse. Could you really tell somebody they aren't getting their money back after they have had a loss?

[rob1963]

It depends on your T&Cs. Mine has a section in it:

"However if your function is cancelled through bereavement, your deposit will be off set against a re-booking for the same type of function. If the person(s) celebrating have passed away then a full refund will be re-paid"

I do this with all cancellations made a month or more in advance, regardless of the reason...which I feel is more than generous.

Therefore, nobody who gives at least a month's notice of cancellation needs to lose their deposit, as I hold it against ANY booking at ANY time in the future.

[CRAZY K]

To be honest if I had somebody who had suffered a death in the family I would just send my sympothy and then refund their deposit. I don't think the tough business man act is the way to go about when this eventuality is involved.

Sorry but that is just my opinion.

f I drop dead at the end of the week---who knows after last Saturday night--and I owe my builder £300 (which I will by the end of the week ) I EXPECT my wife to pay him in my absence for his services and I would be very angry if she didnt.

Theoretically difficult of course:D

I owe him and I have a strict rule here that we ALWAYS pay people we owe.

As you say--personal opinions:D



CRAZY K

[Vectis]

f I drop dead at the end of the week---who knows after last Saturday night--and I owe my builder £300 (which I will by the end of the week ) I EXPECT my wife to pay him in my absence for his services and I would be very angry if she didnt.

Theoretically difficult of course:D

I owe him and I have a strict rule here that we ALWAYS pay people we owe.

As you say--personal opinions:D



CRAZY K


If it's for work already completed then fair enough, bill away.

I thought the OP alluded to work contracted for but not yet done?

[andyw]

has anyone ever had this situation, i can't imagine anyone phoning saying mydad/husband /wife whatever has just died can i have the deposit back,i think they would have other things on their mind, i think we would give a full refund but understand if people did not,i don't agree with anyone who claimed the rest back off the estate though, but again that is just my personal feelings

[Penfold42]

Would I return any non refundable fees--no.

Would I charge a cancellation fee--no--- as long as I got evidence of death to satisfy me.

CRAZY K

You are a hard man.....;)

but :agree:

[DeckstarDeluxe]

Im surprised so many people think some people wouldnt use this as an excuse. I think however you could tell if it was for real or someone trying to wiggle out of paying for it.

I mean put it this way, someone dies in the week leading up to the gig. You think people are going to want to "party". Granted there are a few families that would as Ive done an wake before which is what they wanted. You really want to do an disco to a room full of people that have heard you refused to refund the money? Very bad PR and its one of those "once in a blue moon" kind of situlations.

[CRAZY K]

And what if the client doesn't want to dispatch a copy of the certificate due to the fact you aren't family and they reserve the right not to dispatch it if they don't want. To be honest I think you need to think about if you was in the situation and they was on the phone and told you all this, There are some bad people out there but I can imagine nobody would cancel a party and use this for an excuse. Could you really tell somebody they aren't getting their money back after they have had a loss?

Luckily I dont deal with devious people who might resort to this kind of thing--but its possible.

REMEMBER all creditors of a deceased peson will want payment--gas, electricity, phone etc so we are just another creditor applying to the estate for payment of debts.

On reflection I think I was wrong--send in an invoice.

If your used to dealing with these death situations ( as I am ) its not uncaring its ----how the system works.

CRAZY K

[CRAZY K]

If it's for work already completed then fair enough, bill away.

I thought the OP alluded to work contracted for but not yet done?

Think of this Martin.

We work in the business of guaranteeing to turn up on a specific date at a specific time---unlike the builder or plumber;) to the exclusion of all other enquiries.

If you have agreed Contractually in advance to turn up theres a GUARANTEE that the work will be done, combined with a GUARANTEE that you will turn up.

Thats a fair part of the charge.

Effectively we really ought to charge way in advance like my Holiday.

Last time I paid something like 2 months in advance--take it or leave it:eek:

The travel industry only has full time operators.

Because this business is a mixture of part time and full time operators there has traditionally been a fairly relaxed attitiude from part timers who have full time jobs so they dont really care if they get cancelled or not--the full timers
obviously do---because part timers MIGHT operate on less onerous terms and conditions the public are confronted by either professionals with stringent cancellation conditions or part timers often with no conditions.

Therefore the overall market permeates down to a compromise which means most people operate cancellation under 30 days --full timers probably in the main dont want to start asking for very early full advanced payment because it would put people off using their services.

I see our full charge as applying from the day we take the booking compromised by the reasons above and effectively giving the client free credit until a couple of weeks before the event or even on the night.

So yes I think we are owed the money we have been "lending" the customer at zero rates of interest--its only my recent Holiday that has made me realise this.

Thats how I see it,

CRAZY K

[DJMaxG]

Just had a thought.
What would you do?

I would certainly be more than willing to refund, due to Circumstances.

[DJMaxG]

I would refund the deposit and send a card.

Definately.
You have to think of the situation from their point of view, If their relatives have just died, they won't be in the happiest of moods, and the last thing they want is a phone call from a mobile disco company demanding money.