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DeckstarDeluxe
18-12-2010, 12:59 PM
Just out of interest what do you do if you get an event thats cancelled due to snow?

In my contracts I have a clause saying no refunds for events cancelled because of weather or force majeure.

Do you offer to change the date of the event at no further cost? Do you offer a refund?

I havent had this happen to me yet but because of the snow its useful to know what you guys do.

Jonathan Ford
18-12-2010, 01:44 PM
I told my Xmas residency that I would not charge for gigs cancelled due to the weather, on that basis that it would have been incredibly difficult for me to get there safely, so I was more than happy for the cancellation to occur.

CRAZY K
18-12-2010, 05:47 PM
Just out of interest what do you do if you get an event thats cancelled due to snow?

In my contracts I have a clause saying no refunds for events cancelled because of weather or force majeure.

Do you offer to change the date of the event at no further cost? Do you offer a refund?

I havent had this happen to me yet but because of the snow its useful to know what you guys do.

Where possible reschedule offering an alternative date which is available.

However difficulties have arisen surrounding a cancellation where we passed the gig to a colleague working in conjunction with one of our Callers and the DJ cant make the date the client wants to reschedule as already booked.

The client did not actually ASK about alternative dates just went ahead and booked it because it suited them. That is I suspect because the venue could only fit a particular date in, so the client couldnt afford to muck the venue about as mega bucks involved.


They dont seem too happy they are not getting a refund but frankly the DJ could have done the gig, the client panicked because a Coach Company pulled out of their contract to take people to the event several days BEFORE the event--I have posted on other threads on this problem.

We have rescheduled the Caller at no extra cost because she has availability.

The worst thing about this cancellation is that both DJ and Caller state they would have made it to the gig.

My Stoke on Trent thread tonight related to another cancellation today with exactly the same scenario--Caterering Company pulled out and screwed the gig for us, far as we can see Stoke on Trent isnt too bad and our Caller was happy to go there.

As stated earlier today we are revising our Cancellation Conditions to cover all this.

We did have one other where client stated impossible to get to the venue due to heavy snow in Kent and Caller said he thought the journey would have been very difficult so we rescheduled at no cost to the client.

Its not ALWAYS going to be possible to keep the client happy.

YET ANOTHER POTENTIAL PROBLEM with a gig at Blenheim Palace where guests are due to fly in from germany for next Tuesday--will it get cancelled???

We are now intending to collect fees 14 days IN ADVANCE for bookings in December and January so we are in the driving seat, not chasing people through the Cancellation Condition and the Small Claims Court.

DJWilson
18-12-2010, 06:38 PM
If I could get there safely and it was cancelled, I would charge as my contract states.

If I couldn't and was cancelled, I'd allow for a date change.

CRAZY K
18-12-2010, 08:50 PM
If I could get there safely and it was cancelled, I would charge as my contract states.

If I couldn't and was cancelled, I'd allow for a date change.

You might find life isnt that simple when it happens.

From reading todays threads you would come to the conclusion people expect you to turn up whatever happens, but if it doesnt suit them they expect you to bend over backwards to accomodate them.

Do your Tand Cs specifically state what your saying in your first paragraph?

Rather than a general clause which we have.

If so smart move, ours will from tomorrow for all new Contracts;)

Charlie Brown
18-12-2010, 10:43 PM
Folk pay me 30 days in advance which means I'm in control of the situation. I can decide dependant on the circumstances whether to offer a refund or date change.

Surely with Xmas parties a date change isn't viable?

JTRS
18-12-2010, 11:12 PM
If I could have got there and done the gig then I would charge, if in all honesty I couldn't have got there I'd refund or allow a date change at no further cost.

That to me seems fair

JTRS

Charlie Brown
18-12-2010, 11:13 PM
That to me seems fair


But you're running a business?

Not everything can be fair!

Megamix
18-12-2010, 11:16 PM
bad weather is nobodys fault - and affects everyone equally - it seems harsh to blame the punter if neither of you can get there - common sense should prevail

spin mobile disco
19-12-2010, 12:29 AM
My gig was cancelled tonight but as i didnt find out until I got there and another member from the forums had not been cancelled I offered to cover it so he didnt have to struggle out through the snow.
He got some money to stay home and I was already at venue so made sense to us.
Shame though as I like the company when there are 2 or more dj's at this venue.

JTRS
19-12-2010, 12:44 AM
But you're running a business?

Not everything can be fair!

Yes I'm running a business, and a part of business is the reputation you have and the effect that has on your business.

So, if cannot get to the venue because of snow, then I don't see how I can charge them, because I wouldn't have been able to supply the services they had paid for, hence why I would refund them or allow them to move the date at no charge.

And just why cannot everything in business be fair?

JTRS

StarZSoundS
19-12-2010, 01:11 AM
Yes I'm running a business, and a part of business is the reputation you have and the effect that has on your business.

So, if cannot get to the venue because of snow, then I don't see how I can charge them, because I wouldn't have been able to supply the services they had paid for, hence why I would refund them or allow them to move the date at no charge.

And just why cannot everything in business be fair?

JTRS


Definately with you there Simon....must be a Northern thing....SSSHHHEEESSSHHH!!;) ;) ;) ;)

NKR
19-12-2010, 01:18 AM
But you're running a business?

Not everything can be fair!

Charlie. When you have a service business and it is valued there is a value put to what is known as goodwill. This is built up by creating goodwill as is suggested.

I had last nights gig cancelled earlier in the week (they actually got the union to pay for the do in the end so it was on). However, when it was cancelled due to ongoing redundancies and people feeling down and not buying tickets I told Nicola I would need to keep deposit and despite my contract saying full payment not to worry about it. It came through in the end and I got paid. She will recommend me to everyone as will the guests who understood I would have not charged so they could have a refund if it had not gone ahead.

I seem to recall you are the first to rant when you feel you have been hard done by on something.

Every now and then you lose and every now and then you win.

Someone elses missfortune can be your good deed.

Choice is yours, but I believe in Karma.

Cliche man signing out.

NKR
19-12-2010, 01:20 AM
Definately with you there Simon....must be a Northern thing....SSSHHHEEESSSHHH!!;) ;) ;) ;)

Hiya mate, you back in action. I have been on a lot lately and missed you. :)

How you keeping?

Excalibur
19-12-2010, 07:59 AM
If I could have got there and done the gig then I would charge, if in all honesty I couldn't have got there I'd refund or allow a date change at no further cost.

That to me seems fair
JTRS


But you're running a business?

Not everything can be fair!

Charlie, instead of the word "fair" how does it look if we swap it for any of: reasonable, logical, helpful, obvious, sensible, or workable?

As mentioned elsewhere in the thread, Goodwill is an intangible asset which may have a far bigger value than is sometimes imagined. Contracts have two sides, and both parties like to think they have been treated honestly.

womble
19-12-2010, 09:33 AM
We've not missed out on any gigs due to bad weather, luckily the wedding last week fell right between to the two snowfalls we had, and the pub residency is walking distance with our second set-up stored in the back of the pub.

In fact we've only missed one gig since we started 18 months ago and that was when my sister suddenly passed away in August, I managed to get cover in the morning and spoke to the client and got it sorted. If I couldn't have got the cover I would have still done the gig.

Mayhem 1
19-12-2010, 09:52 AM
I had one cancelled on Saturday and just come off the phone with the mum for todays party, this has been postponed until Jan 2011.

The one thing that both mums said during the conversation was "even though it means the party will not go ahead there is no way they will put my life at risk by demanding I get there!!)

Todays mum was over the moon when I told her that there would be no further monies to pay (she has paid in full for today) when she gives me the new date, all she will have to do is sign the new booking form.

So another un expected day off :) it will however give me a chance to catch up on some paper work.

TONYTIGER
19-12-2010, 09:56 AM
Yes I'm running a business, and a part of business is the reputation you have and the effect that has on your business.

So, if cannot get to the venue because of snow, then I don't see how I can charge them, because I wouldn't have been able to supply the services they had paid for, hence why I would refund them or allow them to move the date at no charge.

And just why cannot everything in business be fair?

JTRS

Yes Yes Yes i agree if i cant get there full refund (never happen in 40 odd years)
Had one this w/e i got there but only 4 punters out of 200 i got paid in full.
I think its outrageous to charge if weather is the cause but good customer service is more important than money although we seem to have a few hard nose DJs on this forum i wonder who those are ? be warned it will come back and bite you in the ass,service is king.

Excalibur
19-12-2010, 10:04 AM
Yes Yes Yes i agree if i cant get there full refund (never happen in 40 odd years)
Had one this w/e i got there but only 4 punters out of 200 i got paid in full.
I think its outrageous to charge if weather is the cause but good customer service is more important than money although we seem to have a few hard nose DJs on this forum i wonder who those are ? be warned it will come back and bite you in the ass,service is king.

Amen, Brother.

STEVE HANLEY
19-12-2010, 10:40 AM
I had a gig cancel on me on Friday just gone....Due to lack of ticket sales. I'm playing there again on Xmas eve where I've told them I'll give them their deposit back for Fridays gig:eek: :eek:

I wouldn't charge for a service I hadn't provided. Hopefully that will stand me in good stead:)

Mayhem 1
19-12-2010, 11:41 AM
Nice one stevie mate :beer1:

StarZSoundS
19-12-2010, 12:36 PM
Hiya mate, you back in action. I have been on a lot lately and missed you. :)

How you keeping?


Great Thanks Neil.....:) :) :) :) :)

Your new Website is dead nifty and it looks like your keeping busy!!!

Big time for you....Christmas Rush and a lovely Bonny Baby....hope you and your Family have a great Christmas.

Absolutely mown down with bookings...and even better than that Jan/Feb don't look bad at the moment.

Its official the recessions over in South Yorkshire!!:beer1: :beer1: :beer1:

abracadabradisco
19-12-2010, 12:54 PM
A Wednesday night dry hire just been cancelled. My ATC gig is still going ahead though.

CRAZY K
19-12-2010, 01:07 PM
Folk pay me 30 days in advance which means I'm in control of the situation. I can decide dependant on the circumstances whether to offer a refund or date change.

Surely with Xmas parties a date change isn't viable?

Yes--we have just changed 2 to January--mind you thats not looking a smart move now reading the weather forecast:eek:

Dont forget people have Xmas Parties in January anyway.

CRAZY K
19-12-2010, 01:12 PM
bad weather is nobodys fault - and affects everyone equally - it seems harsh to blame the punter if neither of you can get there - common sense should prevail

Agreed--trouble is we have had people cancelling when we are sure our DJ or Caller WOULD have got there. :(

Mayhem 1
19-12-2010, 01:19 PM
just had a chat regarding the party tomorrow evening and the client is "On the case"

It is in a little village (typical!!) and it is dome hill to the venue.

Looks like another one that will be re-booked for jan 2011

I am going to be so busy :D

Solitaire Events Ltd
19-12-2010, 01:21 PM
I think its outrageous to charge if weather is the cause but good customer service is more important than money although we seem to have a few hard nose DJs on this forum i wonder who those are ? be warned it will come back and bite you in the ass,service is king.

If you are booked and prepared to travel to get to the gig, then that is customer service. Last night is a good example. The Hotel ran the event I was due to work at and basically said that they had staff costs and food/drink costs and would run at a loss if they didn't put the event on. It was people's choice to cancel but they wouldn't get a refund.

The trouble is, if it is a one off event, the money is gone. It's no good saying that they can rebook it next year or whatever - you may not be available.

This is talking about venues rather than individual clients though.

TONYTIGER
19-12-2010, 04:13 PM
If you are booked and prepared to travel to get to the gig, then that is customer service. Last night is a good example. The Hotel ran the event I was due to work at and basically said that they had staff costs and food/drink costs and would run at a loss if they didn't put the event on. It was people's choice to cancel but they wouldn't get a refund.

The trouble is, if it is a one off event, the money is gone. It's no good saying that they can rebook it next year or whatever - you may not be available.

This is talking about venues rather than individual clients though.

I have no problem in that instance,but as said i would offer a full refund if i could not get there due to weather.So post out of context really.
On the other hand i have had bookings who cancelled because of weather but i could get there so no refund. Non appearance by artiste full refund including deposit on my contracts and i think that,s fair.

CRAZY K
19-12-2010, 07:26 PM
Yes Yes Yes i agree if i cant get there full refund (never happen in 40 odd years)
Had one this w/e i got there but only 4 punters out of 200 i got paid in full.
I think its outrageous to charge if weather is the cause but good customer service is more important than money although we seem to have a few hard nose DJs on this forum i wonder who those are ? be warned it will come back and bite you in the ass,service is king.

Perhaps me--but consider these facts.

If you could get there but they panicked DAYS BEFORE THE EVENT because a Coach Company reckoned it would be a problem so they cancelled it and rebooked the venue without asking you your AVAILABILITY and guess what you were already booked--what then ?

Would you give them the fee back? ( paid in advance )

This just happened by the way:(

On the other hand yesterday the performer reckoned he could get to the venue, a webcam of the area kindly shown by Vectis appeared to show reasonable conditions BUT due to the Caterer saying he didnt think he could make it it cos he lives in the middle of :Censored: nowhere and it was snowing the whole thing was cancelled.:eek:

People had flown in from Spain. doh!!!

Would you be happy and give them another gig free--

Goodwill is great--we operate TCF here--TREATING CUSTOMERS FAIRLY--but sometimes it wears a bit thin when other people screw you up.

So what do you think?

DJ James Lake
19-12-2010, 07:37 PM
I had 3 setups booked at the same venue last night, got to the venue with all 3 setups and the other 2 djs and two of the functions had been cancelled. Leaving only one function left to do which we did.

The venue had not informed me and we had had to travel 40 miles to get there.

I still have to pay the other 2 djs as they turned down work that night in order to do the functions so the venue will be invoiced full fee for all 3 functions.

TONYTIGER
19-12-2010, 08:04 PM
Perhaps me--but consider these facts.

If you could get there but they panicked DAYS BEFORE THE EVENT because a Coach Company reckoned it would be a problem so they cancelled it and rebooked the venue without asking you your AVAILABILITY and guess what you were already booked--what then ?

Would you give them the fee back? ( paid in advance )

This just happened by the way:(

On the other hand yesterday the performer reckoned he could get to the venue, a webcam of the area kindly shown by Vectis appeared to show reasonable conditions BUT due to the Caterer saying he didnt think he could make it it cos he lives in the middle of :Censored: nowhere and it was snowing the whole thing was cancelled.:eek:

People had flown in from Spain. doh!!!

Would you be happy and give them another gig free--

Goodwill is great--we operate TCF here--TREATING CUSTOMERS FAIRLY--but sometimes it wears a bit thin when other people screw you up.

So what do you think?

Sorry im confused its quite simple if me or one of my many DJs does not appear for any reason the client gets a full refund.Any further bookings will be treated as a new contract.If the hirer cancels for any reason then there will be a charge whatever the reason.

JTRS
19-12-2010, 09:31 PM
Sorry im confused its quite simple if me or one of my many DJs does not appear for any reason the client gets a full refund.Any further bookings will be treated as a new contract.If the hirer cancels for any reason then there will be a charge whatever the reason.

That's how I read it.

If I cannot get there then a refund or a date switch will be given, if I can get there and the event is cancelled then it's fully chargeable.

JTRS

20-12-2010, 09:57 AM
Referring back to the OP, it's my understanding that a force majure clause is a 'frustration to contract' which means that if this occurs and it is of no fault of the Client or DJ that they either cancelled the event due to the weather or the DJ doesn't get to the venue for the same reason, so it becomes null and void so the client isn't liable for the money and the disco isn't due any money either.

It's a similar situation to if you get booked on a military job, if they book you for an event and then get deployed (even the day before the gig) they don't pay.

So would a 'your paying if the reason why you have had to cancel the event is totally out of your control' clause in a contract, fall under the unfair contract terms act legislation, so if it went to court if it's deemed to be an unfair term, thrown out by the magistrate / judge?

DJ James Lake
20-12-2010, 11:08 AM
Referring back to the OP, it's my understanding that a force majure clause is a 'frustration to contract' which means that if this occurs and it is of no fault of the Client or DJ that they either cancelled the event due to the weather or the DJ doesn't get to the venue for the same reason, so it becomes null and void so the client isn't liable for the money and the disco isn't due any money either.

It's a similar situation to if you get booked on a military job, if they book you for an event and then get deployed (even the day before the gig) they don't pay.

So would a 'your paying if the reason why you have had to cancel the event is totally out of your control' clause in a contract, fall under the unfair contract terms act legislation, so if it went to court if it's deemed to be an unfair term, thrown out by the magistrate / judge?

What if no one contacts you to inform you of the cancellation and you arrive to perform to find out it has been cancelled.

DeckstarDeluxe
20-12-2010, 11:21 AM
Referring back to the OP, it's my understanding that a force majure clause is a 'frustration to contract' which means that if this occurs and it is of no fault of the Client or DJ that they either cancelled the event due to the weather or the DJ doesn't get to the venue for the same reason, so it becomes null and void so the client isn't liable for the money and the disco isn't due any money either.

It's a similar situation to if you get booked on a military job, if they book you for an event and then get deployed (even the day before the gig) they don't pay.

So would a 'your paying if the reason why you have had to cancel the event is totally out of your control' clause in a contract, fall under the unfair contract terms act legislation, so if it went to court if it's deemed to be an unfair term, thrown out by the magistrate / judge?


You make a good point. As I said its in the contract but never had to refer to it before nor has anyone raised a point about it.

20-12-2010, 11:23 AM
What if no one contacts you to inform you of the cancellation and you arrive to perform to find out it has been cancelled.

At that point then you have fulfilled your side of your contract, so you have provided the service you have been contracted to do.

The main point i was referring to is when the event is cancelled earlier in the day / day before, and a circumstance totally out the control of the client (bad weather, flood at the venue, venue burns down etc etc)

spin mobile disco
20-12-2010, 01:02 PM
Add another cancelled 1 to this thread . Tonights childrens party cancelled due to snow :(

CRAZY K
20-12-2010, 01:41 PM
If the hirer cancels for any reason then there will be a charge whatever the reason.

Cancellation due to snow and ice----you want the money.

In that case Tony you qualify as the very hard nosed DJ you were alluding to;)

We actually offer a rescheduled date free of charge or penalty PROVIDING the client agrees to a date on which our Performer is free.

I didnt realise how reasonable we are here

:Laugh: :Laugh: :Laugh: :Laugh: :Laugh:

CRAZY K
20-12-2010, 01:48 PM
Add another cancelled 1 to this thread . Tonights childrens party cancelled due to snow :(

Its not snowing in Northamptonshire Matt.:eek:

Or was it elsewhere:confused:

I blame the Health and Safety freaks for over reacting in a lot of cases.

We had better get used to this weather.

A German client is spitting blood at us presently because of alleged back covering and lack of CAN DO in the UK, probably got a point.

As it happens WE CAN DO (TOMORROW) just as well, otherwise we were going to get some flak:(

ppentertainments
20-12-2010, 04:16 PM
For me it depends on the type of booking and treat each one individually.

Examples :

Wedding - Unable to reschedule (normally) however I charge full fee. After all wedding insurance is fairly inexpensive and would cover such circumstances.

Xmas Party - Reschedule. Even if in January / February.

Charity Function - Reschedule - no reason not too and the charity would not want to loose money.

Corporate Function - Reschedule or Full Fee.

For any function rescheduled I do not charge any extra. Due to recent weather I am now almost full in January and filling up quick for February.

Another important factor is how you deal with the situation. Every cancellation I have had has been the down to the client contacting me to cancel. However, should I have to cancel I would not ring and say 'I can't get there', I would try and word it along the lines of 'would it be a more successful and better attended function if we reschedule when the weather is better'. (weddings excluded).

I have had one wedding this year where the B&G got married but cancelled the reception for fear of people driving there. They have rescheduled and I managed to upsell the projector slideshow so evening guests can view the wedding ceremony :)

DJ James Lake
20-12-2010, 04:20 PM
Its not snowing in Northamptonshire Matt.:eek:

Or was it elsewhere:confused:

I blame the Health and Safety freaks for over reacting in a lot of cases.

We had better get used to this weather.

A German client is spitting blood at us presently because of alleged back covering and lack of CAN DO in the UK, probably got a point.

As it happens WE CAN DO (TOMORROW) just as well, otherwise we were going to get some flak:(


It has been over Northampton way aparantly, nothing this side though

CRAZY K
20-12-2010, 05:30 PM
It has been over Northampton way aparantly, nothing this side though

Arent we lucky James;)

TONYTIGER
20-12-2010, 05:52 PM
Cancellation due to snow and ice----you want the money.

In that case Tony you qualify as the very hard nosed DJ you were alluding to;)

We actually offer a rescheduled date free of charge or penalty PROVIDING the client agrees to a date on which our Performer is free.

I didnt realise how reasonable we are here

:Laugh: :Laugh: :Laugh: :Laugh: :Laugh:

Rubbish look at this way if you can get to work but your work is closed for snow flood our whatever and your boss sends you home in most cases you get paid.
In fact i have had 3 occasions over the last 2 weeks were my DJs have got there and the hotels have paid as they were impressed by the Djs effort.
I do it that way you do it another way so what but as you don,t know me would you please refrain from making assumptions on my character.

spin mobile disco
20-12-2010, 06:11 PM
Mine was a childrens christmas party so im guessign parents thought it better to cancel. Pretty sure the kids didnt but not my call. Ah well aded to the pile of cancellations over christmas had 7 now. Every single one of them I could have made it to as well. Costing me a fortune this year.

CRAZY K
20-12-2010, 06:19 PM
Rubbish look at this way if you can get to work but your work is closed for snow flood our whatever and your boss sends you home in most cases you get paid.
In fact i have had 3 occasions over the last 2 weeks were my DJs have got there and the hotels have paid as they were impressed by the Djs effort.
I do it that way you do it another way so what but as you don,t know me would you please refrain from making assumptions on my character.

If your best effort is to say Rubbish I wont waste my time discussing this further with you.

I make no assumptions about anything--

diydisco
22-12-2010, 07:59 AM
im upto 3 cancelled gigs, which is frustrating

ive offered every client a chance to rebook an (AVAILABLE) date by the end of January at no additional charge

all 3 were childrens gigs in the afternoons, so theres plenty of dates for them to pick

my main concern is the £8,000 worth of hire equipment i have sat in a Celebritys house in the cotswolds, im hoping to try and get there today (its been there since Friday)

spin mobile disco
24-12-2010, 09:03 PM
Final count is now in (i hope) total of 7 cancelled gigs this december. A real hard hitter for me as I was was struggling financially this year as it was. No gigs at all in January and feb is barren.
Mind you I do have 16 weddings for later in the year. But all in all not a good year all round.

abracadabradisco
24-12-2010, 09:37 PM
I've had a cancellation for Monday 27th due to frozen pipes in the hall kitchen. Yesterday I took another booking for Monday and it is better paid so I'm allright. Could say I'm lucky 'cause the cancellation was evening one and I am now working a kids birthday disco party.

Snowing again in near Norwich and they say it will be white Christmas tomorrow.