Not sure where I stand on this one - help appreciated!

[DJ Jules]

The situation is that I had a booking come in for last Thursday for a childrens party. Because it was a day time party during office hours, I sub'd the booking out to a full time operator who could easily do it (whereas I would have had to have taken leave from my day job).

The guy did the same job as I would have so I don't think I can fault him on that, but the customer has become irate because it wasn't "me" specifically who turned up and did the gig. I took the booking on the back of another kids party that I did that her 9yr old daughter was at, and this party was for her 5yr old son - part of the reason I actually sub'd the booking out was because I know the other operator actually does a better job of entertaining younger children (as he is more "entertainer" whereas I am more "DJ" and can offer a wider array of balloon modelling and magic on top of just music and games).

Now, the customer signed a contract with "Bristol Disco Hire" to provide a disco for this party. I probably should have made it clear that I was sending someone else in this instance, but in terms of the contract - am I in breach of contract for subcontracting out the provision of the service on behalf of "the company?"

Where do I stand on this specific issue?

Julian

[DazzyD]

Is it in your T&Cs that you may subcontract out work to other suppliers? It's been in mine since day one as a precaution to cover my back in case anything happens and I can't do the show myself.

I don't think you'd have a major problem unless you are specifically marketing yourself alone. If your business is "DJ Jules" or something like that. Or if you've defined Bristol Disco Hire as being directly yourself. Other than that I wouldn't worry too much except maybe contacting the customer to explain that you sub out work to other service providers.

[musicology]

Lesson learnt it seems. Just be completely transparent with your customers in future. I really don't understand why you didn't explain when you were re-booked in the first place that it wouldn't be you doing it. Especially as it was the same family.
I would guess that the 5yr old played up because he expected the same man as his sister had, then a stranger turned up.
I don't blame the mother for being very annoyed. If they were my kids, I would have been too!
This kind of thing is what gives us all a bad name.

[musicology]

I've just re-read the original post and see that it wasn't the same family re-booking so the 5yr old probably wasn't there. Not such bad form on your part as I thought. My apologies.

[Andy Collins]

What do you mean by "where you stand?"

is the client demanding something or just a bit of a rant?

if its the latter then that's it. Closed. You don't have to do anything. If its the case of they want some kind of compensation, highlight / copy and paste the terms that apply in this case.

In the future though, if you have no intention of turning up yourself - make it clear to your client to save future embarrassment.

[Creature]

I disagree here

If you gain a booking from a previous event then the customer has booked YOU because they liked what YOU did!

The least you could have done before accepting the booking was to let the customer know that you wasnt gonna be there!.

Theres no legal comeback that I can see, BUT you have almost certainly lost any future rebooking from that customer and possibly her friends

Open and honesty upfront would have made this issue irrelevent....

I say it this way as I am often booked because I customers have seen me at another booking and when I say I cannot do it but can pass the booking to someone else, most refuse and happily many move to a date that I am free.

[funkymook]

I took the booking on the back of another kids party that I did that her 9yr old daughter was at, and this party was for her 5yr old son

Maybe it was important that she had a DJ who had been recommended by the other parent, then a stranger turns up! I think that's more likely than the quality of entertainment or the kids being disappointed it wasn't you.

The public don't automatically know about subbing, they have to be told. I'd apologise that you didn't make it clear at the time of booking that you personally wouldn't be attending and stress that you only use other trusted DJ's.

[DJ Jules]

Yup, I am taking this as a lesson learnt, I should have been more transparent up front, but I needed to understand the legal position. From what has been said the situation is as I thought, because my contracts do not state that they are hiring me, there's no legal recourse (and I have clauses in there about substituting alternative equipment or using other methods to provide the contracted service as I see fit).

Ta for the feedback.

[mattydj50]

I have a similar issue where I am resident at a major hotel. The sales staff there sell my services and book me for their weddings, functions parties etc. They tell their customer that we have this fantastic DJ etc etc. Trumpet. Blow.

But, what they forget is that they have two function rooms and when there are two functions on the same night..... Now, I know I am flexible and versatile, but there are returning cuistomers that obviously think they are getting me when they actually get one of my ever able sidekicks. Some don't give a hoot but others who have been with me before can get a little miffed.

I have tried to get the hotel to explain that hey have a TEAM of DJs but they won't listen. I do make comment when I'm at wedding fayres or open days that it may not be me. For logistical reasons it may not even be as simple as first come first served.

My T&Cs with the hotel allow for subbing, but the hotel doesn't want to play the same game with their customer.

[Andy P]

When I send my booking confirmation I put on the DJ in attendance then if there not happy we can switch it about - not had any issues thus far

[funkymook]

When I send my booking confirmation I put on the DJ in attendance then if there not happy we can switch it about - not had any issues thus far

Now that's a pragmatic solution...

[DJ Jules]

Now that's a pragmatic solution...

Ironically, just what I was doing :D

Julian