cancellations contracts terms and conditions

[Dragonfly]

Hi guys

12 hours before my 2 week holiday I have a dilemma ........

had a wedding booked on the 24th August 2 days after I get back off holiday and yes in 2 weeks time ...

heres the problem...

had an email this afternoon "sorry we have had some bad news we have to cancel our booking on the 24th , can you please inform us what will happen to the £100 we have already paid? thanks"

my terms and conditions state that if a client cancels within a 31 day period then the full balance is payable ....

I have no intention of refunding the £100 this close to be honest but the dilemma is do I chase the remaining balance also? those that have met me know im mr. nice guy and I have no idea about how to go about chasing this up ? probably sounds really stupid to some of you i know.

what course of action would you take in this situation ....... I get on a plane in 12 hours lol

yes I do have a signed contract that says they have read and understood the t and cs etc.

Thanks guys.

[Solitaire Events Ltd]

Email them and tell them you are going to have to charge them the amount that it says you will charge in your contract Dave. Forget being nice and all that - this is a business. You could and probably did turn down other work for this wedding.

If they don't respond, write them a firm but fair letter, enclosing a copy of your contract, highlighting your cancellation fee.

[Dragonfly]

Thanks Daz will do that .... thanks for being so quick.

[Solitaire Events Ltd]

BY the way Dave, if people don't or won't pay, there is an easier way to claim money than going to small claims court.

Clicky. (https://www.moneyclaim.gov.uk/csmco2/index.jsp)

[jamesh]

Yeah I'd do the same as darren in that i'd reply nicely to the email stating that you are very sorry to hear about the cancellation but it clearly states in your contact that should a client cancel with less than 31 days to the function date they are still liable to pay the full amount.

In the email include a copy of their signed booking form (scanned in if need be) as well as the terms and conditions and also include an invoice for the full amount with a note that payment should be within 14 days.... you could also add in something along the lines of failure to do so could incur additional administration costs and interest on the debt outstanding.

Just make sure you tag the email as needing a read receipt as it sometimes helps too...

That should cover you while your away on holiday and if there isn't a cheque waiting for you when you get back you can then chase it and take further action such as sending the invoice to their address via registered post...

[CRAZY K]

Hi guys

12 hours before my 2 week holiday I have a dilemma ........

had a wedding booked on the 24th August 2 days after I get back off holiday and yes in 2 weeks time ...

heres the problem...

had an email this afternoon "sorry we have had some bad news we have to cancel our booking on the 24th , can you please inform us what will happen to the £100 we have already paid? thanks"

my terms and conditions state that if a client cancels within a 31 day period then the full balance is payable ....

I have no intention of refunding the £100 this close to be honest but the dilemma is do I chase the remaining balance also? those that have met me know im mr. nice guy and I have no idea about how to go about chasing this up ? probably sounds really stupid to some of you i know.

what course of action would you take in this situation ....... I get on a plane in 12 hours lol

yes I do have a signed contract that says they have read and understood the t and cs etc.

Thanks guys.

Dave, this is even worse than an empty Dance Floor.

Its a nasty feeling and particularly annoying when they come the old bull about---do we get our deposit back--:mad:

I know this just happened to me. First time in xx years anyone has queried cancellation charge.

Mine was cancelled apparently because the Barn was "flooded"

I might have had some sympathy but they live in a house called HILLTOP!!!!! and ive been there before---more bull!!!!!!!

They cancelled a week before and the wife thought the £50 paid would cover everything===pleeeeese! No insults to my Intelligence:(

Do Thompsons Holidays give you all your money back if you cancel a week before the Holiday--nope!!

I asked the husband to ring me--no he didnt--so chatted with Steve (Corabar) and agreed Recorded Delivery Letter, Invoice 14 days payment, copy of Contract and a nice comment about how I turned away other work because I was COMMITTED by Contract to cover their event so I couldnt cancel them out.

Keep it all friendly and no threats at this stage, tell them this is STANDARD PROCEDURE IN THESE CIRCUMSTANCES.

It all went quiet and I was thinking small claims court--but today the cheque arrived. Yee-ha!

Go for it Dave and dont muck about, if they phone up crying say---well how would you feel if I had phoned you the week before and said---sorry cant make it--better paid job somewhere else--WELL thats how I feel right now---

Dont wait for returned phone calls, emails etc, just do the paperwork before you hit the Costa Brava plane and by sending Recorded they know you are on their case--you could put at the bottom of the Letter---COPY TO XXXXXX SOLICITORS just so they know what comes next:eek:

No explanation as to why cancelling?

regards

Alan

CRAZY K

[Dragonfly]

thank you for all your help email has been sent.

[rob1963]

Email them and tell them you are going to have to charge them the amount that it says you will charge in your contract Dave. Forget being nice and all that - this is a business. You could and probably did turn down other work for this wedding.

If they don't respond, write them a firm but fair letter, enclosing a copy of your contract, highlighting your cancellation fee.


Completely agree.

On the email, I'd also politely mention the fact that this is your living, and if everyone cancelled at short notice without having to pay, you'd have gone bankrupt many years ago.

They have signed a contract or booking form which states that they agree to your terms & conditions...so they can hardly moan about it now!

It's unlikely you will get another booking at such short notice, and I see no reason why you should lose out because THEY cancelled.

There's no point in having the clause in your terms & conditions about the full balance being payable if they cancel within 31 days unless you enforce it!

Otherwise, what's the point of having terms & conditions in the first place?

:shrug:

[CRAZY K]

Completely agree.

On the email, I'd also politely mention the fact that this is your living, and if everyone cancelled at short notice without having to pay, you'd have gone bankrupt many years ago.

They have signed a contract or booking form which states that they agree to your terms & conditions...so they can hardly moan about it now!

It's unlikely you will get another booking at such short notice, and I see no reason why you should lose out because THEY cancelled.

There's no point in having the clause in your terms & conditions about the full balance being payable if they cancel within 31 days unless you enforce it!

Otherwise, what's the point of having terms & conditions in the first place?

:shrug:

This incident and my own problem recently with cancellations makes me think it would be a good idea in my covering letter to the client to confirm the actual cancellation figure.

As in--please note the cancellation condition in the enclosed Contract, if you cancel less than 30 days before the event there will be a further charge payable of £250 payable within 14 days of the event and you will be sent an invoice---

I must say I think it helped that in my case that the covering letter specifically draws the clients attention to the cancellation charge in the Contract, so they cant claim---I DIDNT KNOW ABOUT IT:(

To suggest cancellling close to the event and that nothing or in my case £50 is enough " to cover it " makes me mad :mad:

Especially when you think how much effort goes in from the DJ to fulfil their side of the agreement.

CRAZY K

[PropellerHeadCase]

On the email, I'd also politely mention the fact that this is your living, and if everyone cancelled at short notice without having to pay, you'd have gone bankrupt many years ago.

Good lord, I wouldn't! The last thing you want when writing a legally weighted business letter is to include slightly snivelly, vaguely apologist rhetoric like that. Stick to the unemotional facts of the matter at hand - let them read the abovementioned into it. The most I would mention is the number of gigs turned down since the booking was confirmed, assuming there were any.

[Vectis]

Cheeky :zip:

From my T+Cs:

1. The booking fee is non-refundable except in extreme circumstances at our discretion;
2. Any cancellations must be made by you at least 30 days prior to the date of the event. If you fail to cancel before this time we will charge you the full agreed fee minus 20%. This may be waived in the event that we successfully re-book the date. We feel that this arrangement is fair; we frequently turn away work for popular dates due to being committed by contract such as this. The 20% reduction represents our direct costs such as travel and subsistence;
3. You must make any significant changes (eg. change of venue or date) known to us as soon as possible. In these circumstances we reserve the right to amend our pricing or withdraw from the agreement. If we elect to withdraw for any reason other than a change of date, you will not be liable for the full booking fee;


#2 kinda reflects what has been said already in this thread, however I feel it's fair to deduct an amount to cover direct costs which won't be incurred if you don't have to go to a gig. The 20% figure is a bit of a stab in the dark as this varies wildly from gig to gig of course.

#3 gives us a getout if the venue is changed from an easy one to a horrible one!

[Solitaire Events Ltd]

Good lord, I wouldn't! Stick to the unemotional facts of the matter at hand

I agree.

[rob1963]

On the email, I'd also politely mention the fact that this is your living, and if everyone cancelled at short notice without having to pay, you'd have gone bankrupt many years ago.


Good lord, I wouldn't! The last thing you want when writing a legally weighted business letter is to include slightly snivelly, vaguely apologist rhetoric like that.

Al,

With all due respect, I wasn't referring to a legally weighted business letter.

I was referring to an initial friendly & polite email.

If that didn't work, THEN I'd start sending formal legally weighted business letters giving them 7 days to pay, threatening legal action if they didn't etc...but hopefully it wouldn't get to that stage.

I didn't say what was the right or wrong thing to do, just how I would have dealt with the situation.

:)

[CRAZY K]

Al,

With all due respect, I wasn't referring to a legally weighted business letter.

I was referring to an initial friendly & polite email.

If that didn't work, THEN I'd start sending formal legally weighted business letters giving them 7 days to pay, threatening legal action if they didn't etc...but hopefully it wouldn't get to that stage.

I didn't say what was the right or wrong thing to do, just how I would have dealt with the situation.

:)

Having just collected a cancellation fee successfully I would agree--

Heres my recorded delivery letter---

Further to my conversation with your wife last Monday I was hoping to hear from you following my request that you call me to discuss the cancellation of this booking.

As I have not heard anything as confirmed over the phone we are owed £200

I am enclosing an Invoice payable within 14 days for the balance of the cancellation fee which is a nett amount of £200 after deducting the non refundable booking fee of £50.

The cancellation fee is £250----£100 less than the whole fee for the evening—this allows for savings made on transport and time AND WAS CLEARLY POINTED OUT IN OUR ORGINAL LETTER.

Copy of signed Contract is enclosed.

I look forward to receiving your remittance within 14 days, as mentioned on the phone to your wife I turned away another function for the same evening because I was committed to your function by written Contract and not prepared to let you down,

Best wishes,

xxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxx

I think that says it all really--after that you get heavy if Invoice not paid:D

CRAZY K

[rob1963]

Any cancellations must be made by you at least 30 days prior to the date of the event. If you fail to cancel before this time we will charge you the full agreed fee minus 20%. This may be waived in the event that we successfully re-book the date. We feel that this arrangement is fair; we frequently turn away work for popular dates due to being committed by contract such as this. The 20% reduction represents our direct costs such as travel and subsistence

Personally, I'd lose the highlighted part, as it departs from the actual t & c, and starts to give opinions & explanations, which I don't feel is necessary.

:)

[CRAZY K]

Personally, I'd lose the highlighted part, as it departs from the actual t & c, and starts to give opinions & explanations, which I don't feel is necessary.

:)

My letter said---

snip

I look forward to receiving your remittance within 14 days, as mentioned on the phone to your wife I turned away another function for the same evening because I was committed to your function by written Contract and not prepared to let you down,

snip

Short and simple--either way its a standard Contract penalty found in everyday life---e.g. Wedding Caterer, Marquee Hire etc.

There should be no need to explain a great deal,

CRAZY K

[PropellerHeadCase]

On the email, I'd also politely mention the fact that this is your living, and if everyone cancelled at short notice without having to pay, you'd have gone bankrupt many years ago.


Personally, I'd lose the highlighted part, as it departs from the actual t & c, and starts to give opinions & explanations, which I don't feel is necessary.

:confused:

[rob1963]

Originally Posted by rob1963
On the email, I'd also politely mention the fact that this is your living, and if everyone cancelled at short notice without having to pay, you'd have gone bankrupt many years ago.

Quote:
Originally Posted by rob1963
Personally, I'd lose the highlighted part, as it departs from the actual t & c, and starts to give opinions & explanations, which I don't feel is necessary.


Al, I don't understand your confusion with my above posts.

The first one was referring to what I'd say in an initial friendly email to a client who cancelled at short notice and therefore still had to pay the full balance.

The second was my suggestion to Vectis about something in his formal terms & conditions of business...which I felt was not necessary.

I don't see the connection.

:confused:

[CRAZY K]

Originally Posted by rob1963
On the email, I'd also politely mention the fact that this is your living, and if everyone cancelled at short notice without having to pay, you'd have gone bankrupt many years ago.

Quote:
Originally Posted by rob1963
Personally, I'd lose the highlighted part, as it departs from the actual t & c, and starts to give opinions & explanations, which I don't feel is necessary.



Al, I don't understand your confusion with my above posts.

The first one was referring to what I'd say in an initial friendly email to a client who cancelled at short notice and therefore still had to pay the full balance.

The second was my suggestion to Vectis about something in his formal terms & conditions of business...which I felt was not necessary.

I don't see the connection.

:confused:

Sent out my new revised letter today for a new gig---

snip
Please note the cancellation condition in the Contract which means if the event is cancelled less than 30 days before the event there will be a further charge of £250.

We always suggest clients take out Wedding Insurance against these eventualities.
snip

No excuses for not knowing and a chance for them to insure themslves--but then again it is in TEWKESBURY:eek: :eek: :eek: :eek: :eek: :eek: :eek:

I must be Crazy!

CRAZY K

[PropellerHeadCase]

Originally Posted by rob1963
On the email, I'd also politely mention the fact that this is your living, and if everyone cancelled at short notice without having to pay, you'd have gone bankrupt many years ago.

Quote:
Originally Posted by rob1963
Personally, I'd lose the highlighted part, as it departs from the actual t & c, and starts to give opinions & explanations, which I don't feel is necessary.


Al, I don't understand your confusion with my above posts.

Well, in the first one you are suggesting giving opinions and explanations and in the second you are suggesting that you don't. I appreciate that one is an email and the other the Ts & Cs themselves but it still seems like contradictory advice to me.

[rob1963]

Well, in the first one you are suggesting giving opinions and explanations and in the second you are suggesting that you don't. I appreciate that one is an email and the other the Ts & Cs themselves but it still seems like contradictory advice to me.

Al,

The whole point is that one is an informal email & the other is the formal terms & conditions. It's impossible to compare the two, as they are completely different.

You wouldn't write an initial friendly email requesting payment for a cancelled gig using the same kind of wording as that on your terms & conditions...

...and you wouldn't write your terms & conditions using the same kind of wording that you'd use on an initial friendly email that you'd send to a client.

Therefore, the advice I gave on one would not apply to the other, and vice versa...so there was no contradiction whatsoever in my what I was saying. It would only be a contradiction if I was giving different advice about the SAME THING...which I wasn't.

:)

[Penfold42]

Hi guys

12 hours before my 2 week holiday I have a dilemma ........

had a wedding booked on the 24th August 2 days after I get back off holiday and yes in 2 weeks time ...

heres the problem...

had an email this afternoon "sorry we have had some bad news we have to cancel our booking on the 24th , can you please inform us what will happen to the £100 we have already paid? thanks"

my terms and conditions state that if a client cancels within a 31 day period then the full balance is payable ....

I have no intention of refunding the £100 this close to be honest but the dilemma is do I chase the remaining balance also? those that have met me know im mr. nice guy and I have no idea about how to go about chasing this up ? probably sounds really stupid to some of you i know.

what course of action would you take in this situation ....... I get on a plane in 12 hours lol

yes I do have a signed contract that says they have read and understood the t and cs etc.

Thanks guys.

Hi Dave,
If this is who i think it is.....give us a bell when your back!!:)

[Penfold42]

Hi Dave,
Nice to have caught up........;) :D