last minute booking obligations

[Ricesnaps]

Took a booking which was only confirmed early this week.

All confirmation and details took place via a number of emails.

No contracts exchanged so far, but emails clearly demonstrate the details and terms of the booking.

Booking cancelled last night. This would under any other circumstance invoke my standard full payment clause (as it's so close to the event). Can I still chase this payment based on the emails or am i going to have to put this one down to experiance?

[Corabar Steve]

The way I see it, if no contracts have been exchanged, then all this is, is an enquiry that hasn't turned into a booking.

[Ricesnaps]

The way I see it, if no contracts have been exchanged, then all this is, is an enquiry that hasn't turned into a booking.

Thanks for that Steve. The emails I have confirm payment arrangements, event confirmation etc... rather than simply detailing what "could" be possible. Just wondered if this held any legal ground at all. Useful to know where the line is drawn for future use.

Thanks for the quick reply anyway.

[Vectis]

Personally I'd probably go after them for the 'booking fee' as you'd accepted their booking in good faith. Point out that you could in theory be chasing them for the full amount and that you feel this is a good compromise.

Worth a shot anyway!

[Ricesnaps]

Personally I'd probably go after them for the 'booking fee' as you'd accepted their booking in good faith. Point out that you could in theory be chasing them for the full amount and that you feel this is a good compromise.

Worth a shot anyway!

I was considering sending a bill for the full amount but less my travel & roadie costs.

Having done a little research, I found the following:

http://www.businesslink.gov.uk/bdotg/action/detail?r.l1=1073861197&r.l3=1075386892&r.t=RESOURCES&type=RESOURCES&itemId=1075386898&r.i=1075386902&r.l2=1073866263&r.s=sc

Which certainly suggests that the "offer" and "acceptance" part of this weekends booking is clearly documented. One of the emails also states that a contract will be sent out which would cover the "intention to create legal relations"

As you said, can't hurt to send a bill can it

[jamesh]

hmmm Is a tricky one...

Personally as it was a last minute booking and you don't have the signed contract or any money from them i'd just accept it as a loss and move on - Had you have had either the booking form back or some sort of payment rather than just their say so - i'd say chase it but with just a few emails it really isn't worth the hasstle. By following it up, sending invoices and chasing the invoice you are only using more of your time that could be spent on clients that have confirmed their booking or gaining new business rather than arguing over a booking fee...

It's annoying when it happens but sadly it happens - and not just in the DJ business either .....

[Ricesnaps]

It's annoying when it happens but sadly it happens - and not just in the DJ business either .....

I know, even worse when it's within our own professional community.

My usual terms state full payment at this stage. It actually won't take up much time to pop an invoice in the post will it. Nothing ventured nothing gained.

Out of interest, is "loosing faith" as an explination for making a liable comment enough to make the comment not libel any more?

[musicinmotiondi]

I would think as it was a potential last minute booking that by sending a invoice the bad mouthing of your business by the persons would be more detremental than a nice night at home with Mrs Snaps

[rob1963]

If I was in this situation and no contracts had been exchanged & they hadn't paid a deposit or signed anything, then I don't think I'd be able to get anything out of them, and wouldn't even try.

Also, if you start trying to bill them for cancellation fees etc, and they need a disco in the future, what are the chances YOU will get the booking?

[Larry B Entertainment]

I had a similar problem a few weeks ago. Was supposed to be playing at a new club and only had a few hours notice so didnt have time to get a signature on a contract. About 2 hours before i was due to start, i got a phone call to say that i wasnt required as the builders were still there and the place was a right mess and with no contract i had no comeback.
Lucky for me the club opened the next week and i played there in the end.

[Ricesnaps]

If I was in this situation and no contracts had been exchanged & they hadn't paid a deposit or signed anything, then I don't think I'd be able to get anything out of them, and wouldn't even try.

Also, if you start trying to bill them for cancellation fees etc, and they need a disco in the future, what are the chances YOU will get the booking?

To be honest here Rob, the gig was completely out of my usual area, so even if I'm asked again, I have no intention of taking gigs that far away from home again - unless of course it's a direct booking.

I really don't want to go into any details at all here, but those I have shared more with are suggesting that there is a libel issue to consider as well (and I'm afraid without the detail that will probably make no sense at all, so don't worry about it).

The info I have on contractual arangements actually say that there is no need for there to be signed contracts in place for there to be congratual agreements. Maybe this is a learning curve. I think sometime I try to bend a little to far backwards!

[Solitaire Events Ltd]

The info I have on contractual arangements actually say that there is no need for there to be signed contracts in place for there to be congratual agreements.

I'm pretty sure that is correct too. Verbal contract etc. I'm not sure it's worth persuing though.

[rob1963]

To be honest here Rob, the gig was completely out of my usual area, so even if I'm asked again, I have no intention of taking gigs that far away from home again - unless of course it's a direct booking.

I really don't want to go into any details at all here, but those I have shared more with are suggesting that there is a libel issue to consider as well (and I'm afraid without the detail that will probably make no sense at all, so don't worry about it).

The info I have on contractual arangements actually say that there is no need for there to be signed contracts in place for there to be congratual agreements. Maybe this is a learning curve. I think sometime I try to bend a little to far backwards!

Ricesnaps,

My advice was based on what you posted, but I obviously don't know the full story - in which case you should ignore what I said!

I hope you're successful with whatever action you decide to take.

:)

[Ricesnaps]

I'm pretty sure that is correct too. Verbal contract etc. I'm not sure it's worth persuing though.

I have to say I do agree with you and the off forum advice I have too. I'm just so mad about this! It's one thing to have a gig cancelled by a client at the last minute, but quite something else when it's a member of our own industry who pulls the plug in favour of someone else.

I am quite looking forward to not having to drive 150 miles on Saturday, to having a night in with the Mrs, watching X-Factor (well maybe not really, but it is the auditions and they tend to be good for a laugh). But that's not the point!

[Ricesnaps]

Ricesnaps,

My advice was based on what you posted, but I obviously don't know the full story - in which case you should ignore what I said!

I hope you're successful with whatever action you decide to take.

:)

Don't worry about your comments Rob, they were taken in the light they were intended, honest! I just get so so frustrated when i try to do everything right, dot all the i's and cross all the t's, ask all the right questions, try to fit in with other people.

I wish sometimes I was the type of guy who could say "that's the deal, take it or leave it". Unfortunately I do try to "work things out". Maybe I need lessons in hardening up!

[TonyB]

A contract doesn't have to be signed to be binding. It can be verbal and provided that both parties agree to it, then it is binding.

If you have made an offer of service and the client has agreed to accept at your terms and conditions then it is binding. The client doesn't have to read the terms and conditions, you just have to prove that they have received them (a signed contract takes away the element of having to provide proof).

So if you have something in writing (an email?) confirming that they have accepted your offer of service at your terms and conditions, then you should be able to recover any remuneration due to yourself in accordance with said T & C's.

If the matter did go to court, it is likely that a judge would make a ruling on the grounds of reasonableness . In the clients defense, they may well say that you weren't booked to do anything anyway and therefore have not suffered a financial loss. In your defense, you have incurred a loss for time expended in dealing with the booking and potentially lost the chance of accepting work elsewhere by making yourself unavailable for the date of the gig (offers of other work were available through the forums/agency/contacts?).

If they refuse to pay, action through the small claims court doesn't cost much and if someone has let you down, it will teach them a lesson.

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

[Corabar Steve]

Have they paid a deposit?

[Ricesnaps]

Have they paid a deposit?

Unfortunately not Steve :-(

[Corabar Steve]

Then I really can't see that you have any grounds. All they've been doing so far is asking about your services & how to pay should they wish to book you. I don't think enough has been said to constitute a verbal contract.

[Ricesnaps]

Then I really can't see that you have any grounds. All they've been doing so far is asking about your services & how to pay should they wish to book you. I don't think enough has been said to constitute a verbal contract.

One of the emails gives confirmation of how I would have been paid, rather than suggesting that this MIGHT be an option.

Still I'm feeling a bit better now anyway!

[musicinmotiondi]

As I said previous.

Future bookings and no body upset - reputation is professionalism and all that.

If you don't invoice they won't have any reason to slag you off - afterall you haven't turned work away.

[Ricesnaps]

As I said previous.

Future bookings and no body upset - reputation is professionalism and all that.

If you don't invoice they won't have any reason to slag you off - afterall you haven't turned work away.

It's just a shame that the unprofessional one here is the one getting away with being just that isn't it.

By the way, I have no desire to take future bookings from this person or indeed work in the area they cover. This was intended to be a favour.

[ross@rds]

Just had the same sort of thing happen call last week for a joint 16th was off so no problem took the booking sent paper work still had not got it back so called them today not in just got a call from her just now we didnt get any paper work anyway the disco is off now and the fone put down. Thing that @@@@@ me off is she didnt even bother to call and say it was off.

[Ricesnaps]

OK, a slight twist...

I have something of an apology and explination for comments made and the gig has been re-offered to me.

Would you take it or not?

[Solitaire Events Ltd]

OK, a slight twist...

I have something of an apology and explination for comments made and the gig has been re-offered to me.

Would you take it or not?

At a higher rate, yes. ;)

[Ricesnaps]

I actually probably didn't need to ask - have politely turned it down

[Corabar Steve]

http://planetsmilies.net/vicious-smiley-1819.gif (http://planetsmilies.net)http://planetsmilies.net/vicious-smiley-1823.gif (http://planetsmilies.net)