Cancelled, now they want money back!

[Dance FX]

Can anybody comment on where we stand on this please?

We were booked for a youth club disco and the local council issued us with a cheque for full payment. A couple of days before the gig the youth worker called and cancelled due to staff shortages. She has asked for the money back.

Silly me didn't get a contract signed because with the council you just submit an invoice.

We did actually turn down another job for that day so I really don't want to refund the council out of principle!

Our terms and conditions are on our web site and clearly state:
Any cancellations or notified changes must be made at least 28 days prior to the date of event in writing. If you fail to cancel your booking before this date the full fee will be payable.

Sarah

[OllieJames]

Can anybody comment on where we stand on this please?

We were booked for a youth club disco and the local council issued us with a cheque for full payment. A couple of days before the gig the youth worker called and cancelled due to staff shortages. She has asked for the money back.

Silly me didn't get a contract signed because with the council you just submit an invoice.

We did actually turn down another job for that day so I really don't want to refund the council out of principle!

Our terms and conditions are on our web site and clearly state:
Any cancellations or notified changes must be made at least 28 days prior to the date of event in writing. If you fail to cancel your booking before this date the full fee will be payable.

Sarah

If no contract was signed (with terms and conditions) I think the cash should be returned.

[JDB Entertainment]

Sarah from my point of view,

you should have got the youth club to sign the contract and also your terms & conditions.

With schools who pay through the council, the booking form and terms & conditions are still signed and returned by the school to cover my back.

I have a feeling you may be in a position where you have to refund them.

Although don't take that as a fact, I am sure the experts will be along to clarify.

But I suppose in future you will still get a signed booking contract and t&c's.

James

[Dance FX]

But I suppose in future you will still get a signed booking contract and t&c's.

James

Oh yes, too right I will!


Silly I know but because it's our local youth club and we play there all the time I didnt bother with the formalities. We have another gig booked for three weeks time so I have printed off the t & c's to take up there now.

[OllieJames]

We have another gig booked for three weeks time so I have printed off the t & c's to take up there now.

:approve:

[JDB Entertainment]

Oh yes, too right I will!


Silly I know but because it's our local youth club and we play there all the time I didnt bother with the formalities. We have another gig booked for three weeks time so I have printed off the t & c's to take up there now.

If you get regular work there, I would be inclined to refund them anyway as it is a regular client that you seem to be doing a lot of business for!

I know others will not agree on this, but just my trail of thought.

James

[Steve the DJ]

Silly I know but because it's our local youth club and we play there all the time I didnt bother with the formalities. We have another gig booked for three weeks time so I have printed off the t & c's to take up there now.

As you play there all the time simply refund them on this occasion, ensure you get a signed contract for all future events and put the price up by £10 or £20 to cover the money you have lost out on this time round.

[yourdj]

Refund them - Take your partner out for the evening and forget about it if i were you. Sure it will come back to you at some point.

[rob1963]

Can anybody comment on where we stand on this please?

We were booked for a youth club disco and the local council issued us with a cheque for full payment. A couple of days before the gig the youth worker called and cancelled due to staff shortages. She has asked for the money back.

Silly me didn't get a contract signed because with the council you just submit an invoice.

We did actually turn down another job for that day so I really don't want to refund the council out of principle!

Our terms and conditions are on our web site and clearly state:
Any cancellations or notified changes must be made at least 28 days prior to the date of event in writing. If you fail to cancel your booking before this date the full fee will be payable.

Sarah

I'd say your terms & conditions are irrelevant in this situation, as they haven't signed anything saying they agree to them.

On this occasion, I'd refund them in full, and learn from your mistake by making sure you always get something signed in future.

:)

[Tom]

I'd say your terms & conditions are irrelevant in this situation, as they haven't signed anything saying they agree to them.

On this occasion, I'd refund them in full, and learn from your mistake by making sure you always get something signed in future.

:)


Second that. :)

[DJ Jules]

I'd say your terms & conditions are irrelevant in this situation, as they haven't signed anything saying they agree to them.

Actually they're not - there's such a thing as implied contract - because they've contracted your services they have effectively accepted your terms (especially since they paid and your terms are clearly published in a public place). Incidentally, if you're in full time employment and your employer decides to change your contract if you accept your next pay cheque then you've accepted their new terms by accepting payment.


On this occasion, I'd refund them in full, and learn from your mistake by making sure you always get something signed in future.

I think you have a good case to keep the money, but in the interest of maintaining good will, I'd be inclined to refund them the full amount. However, if they have a booking for a few weeks time, I'd probably say call them and ask if I could keep the money to cover the next booking to save the time and expense of issuing a new cheque. You're also entitled to deduct any expenses that may have been incurred if you do decide to refund them (processing fee's from your bank for instance if you have a business account and they charge you for cashing cheques, the cost of sending out paperwork - oh yeah, oops - and potentially your time for any other perliminary work you might have performed, or equipment you purchased specifically for the event).

Julian

[Excalibur]

A trip to the local CAB might be worth the effort. If you know the legal position, it gives you the chance to point out how much goodwill you are displaying if you decide to refund their money.

[CRAZY K]

Erm--isnt this an implied or maybe a verbal Contract.

They hire you and pay you in advance.

Id say thats proof of a Contract existing:D :D :D

Put the boot on the other foot, theres an accident---you say---ahhh NO SIGNED CONTRACT--do you think they would accept that;)

You know the answer of course.

You may not have stated your cancellation terms but I believe they are now in breach or invalidating THE CONTRACT which clearly exists.

I think THIS puts you in the driving seat--and also--you have the money.;)

You may wish to REFUND if its in your business interests to do so--otherwise I defintely wouldnt and tell them you reserved their date--- ITS THEIR FAULT and because of this YOU WILL BE LOSING MONEY.

The amount they have to compensate you for---well its your fee of course!

This is only my opinion and should not be taken as being legally correct,

CRAZY K

[Twinspin]

If they cancel a booking within 28 days they will lose the deposit.

2 weeks before the function. (reservation fee + the difference to make it 50% of the disco fee)

cancellation within 1 week. full amount owed thats how i do it. I havent had any cancellations yet. For anybody i have under terms and conditions and thats since ive used terms and conditions at least for the last 4 years with the deposit as well.

[CRAZY K]

A trip to the local CAB might be worth the effort. If you know the legal position, it gives you the chance to point out how much goodwill you are displaying if you decide to refund their money.

Do they give advice to a BUSINESS??????

CRAZY K

[Excalibur]

Do they give advice to a BUSINESS??????

CRAZY K

Good question. No idea.

[JDB Entertainment]

If they cancel a booking within 28 days they will lose the deposit.

2 weeks before the function. (reservation fee + the difference to make it 50% of the disco fee)

cancellation within 1 week. full amount owed thats how i do it. I havent had any cancellations yet. For anybody i have under terms and conditions and thats since ive used terms and conditions at least for the last 4 years with the deposit as well.

Twinspin, you might want to change your t&c's to "booking fee" as a deposit is refundable! :D

[CRAZY K]

Twinspin, you might want to change your t&c's to "booking fee" as a deposit is refundable! :D

Not if its stated to be non refundable apparently;)

CRAZY K

[Penfold42]

Did you do any leg work?

If you did and you could prove that, at least a small deposit is in order....as for the rest, I would put it down to "one that got away"...IMO.:)

Hope you get it sorted.

[Excalibur]

Did you do any leg work?

If you did and you could prove that, at least a small deposit is in order....as for the rest, I would put it down to "one that got away"...IMO.:)

Hope you get it sorted.

Handling charge. ;) ;) I'm sure we'd all be keen to know how it all pans out.

[Penfold42]

Handling charge. ;) ;) I'm sure we'd all be keen to know how it all pans out.

Better than a poke in the eye....:)

[CRAZY K]

Better than a poke in the eye....:)

Hang on--surely the whole fee is better than a poke in the eye Tony--
and totally justified ON THE BASIS OF CONSEQUENTIAL LOSS OF BUSINESS which cant be replaced.

I must be getting cynical--:whistle: :whistle:


CRAZY K

[Penfold42]

Hang on--surely the whole fee is better than a poke in the eye Tony--
and totally justified ON THE BASIS OF CONSEQUENTIAL LOSS OF BUSINESS which cant be replaced.

I must be getting cynical--:whistle: :whistle:


CRAZY K

I agree....but ....if you ain't going to get the full price (and be honest) and are going to pursue this claim - where's the contract!

There must be a fall back position of what you may get. Granted they turned down other work....but how will you prove that.

...and yes you are getting cynical...in your old age...:p :D :beer1:

[Excalibur]

I agree....but ....if you ain't going to get the full price (and be honest) and are going to pursue this claim - where's the contract!

There must be a fall back position of what you may get. Granted they turned down other work....but how will you prove that.

...and yes you are getting cynical...in your old age...:p :D :beer1:

Whatever the legal position is lads, it appears that Sarah and her son may have to take this one in the pocket, take a very justified handling fee, and give the rest back in order to secure future work. Sprats and Mackerels. ;)

[Dance FX]

Well I think I will refund the full amount.

We do work at the youth club a lot (not for the club itself but it gets hired out for private functions and we get a lot of bookings there)

Seeing as we have to deal with the staff there for the private functions I want to keep them sweet :)

Thank you for all your input, I will make sure I get the t & c's signed in future!

Sarah & Phill