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Thread: Coronavirus Disease (COVID-19) Chat

  1. #601

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    Quote Originally Posted by Jim - Scotland's Party DJ View Post
    The only way covid could be used as an excuse to cancel just now is if the bride or groom had to self isolate and even at that, I'd probably be taking a drive through to the venue on the day to make sure.
    I was wondering about this earlier this week. Legally, this wouldn't prevent us from providing the service so is our contract frustrated? I mean, I doubt I'd ever actually enforce a contract for this circumstance, but I'd love to know what our position actually is.

    Julian
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  2. #602

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    Quote Originally Posted by Jim - Scotland's Party DJ View Post
    PS I get that they were chancing their arm due to the band, I'm just intrigued to see how they were trying to justify a COVID cancellation.
    The band were not taking bookings until restrictions were eased, they only booked on tuesday and were informed of this.

    - - - Updated - - -

    Quote Originally Posted by DJ Jules View Post
    I was wondering about this earlier this week. Legally, this wouldn't prevent us from providing the service so is our contract frustrated? I mean, I doubt I'd ever actually enforce a contract for this circumstance, but I'd love to know what our position actually is.

    Julian
    Would you refund etc if the Groom had Flu or another illness ? I think it is the same situation personally
    Semi-Retired Multi Award Winning DJ

    www.ultimateweddingdj.co.uk

  3. #603

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    Quote Originally Posted by ppentertainments View Post
    When will people stop using Covid as an excuse to cancel ?
    They are welcome to cancel for whatever reason they like - but it is exactly that - a cancellation, as per your terms and conditions.

    Quote Originally Posted by DJ Jules View Post
    I was wondering about this earlier this week. Legally, this wouldn't prevent us from providing the service so is our contract frustrated? I mean, I doubt I'd ever actually enforce a contract for this circumstance, but I'd love to know what our position actually is.

    Julian
    A frustrated contract is something that happens very rarely. So rarely that I don't think any DJ had used the term before Coronavirus.

    Essentiall, frustrated contracts only occur when unforeseen event(s) occur after the contract was entered into that is outside the control of the parties and makes the contract either physically or commercially impossible or illegal to perform, or transforms performance of the contract into something so radically different from the intended purpose that it would be unfair to hold the parties to their obligations.

    So in essence, can you still turn up on their date and supply your service? If yes, then the contract is absolutely not frustrated.

    Equally, if anyone cancels because they have contracted Coronavirus and have to self isolate - the question again is "can I still provide my service". If the answer is "yes", then contract is not frustrated.

    The reason things became frustrated last year was because there was a stay at home order which meant you physically weren't able to leave your home to supply your service.

    However, expect people to band around their new favourite word for some time yet, in completely inappropriate situations where it doesn't apply.

  4. #604

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    Quote Originally Posted by rth_discos View Post
    Equally, if anyone cancels because they have contracted Coronavirus and have to self isolate - the question again is "can I still provide my service". If the answer is "yes", then contract is not frustrated.
    That was my thinking. I've never had an event cancelled because of illness before, so I'm not sure how I'd play it if the bride/groom/mother of the bride/best man/maid of honour couldn't attend and they decided to reschedule.

    Quote Originally Posted by rth_discos View Post
    The reason things became frustrated last year was because there was a stay at home order which meant you physically weren't able to leave your home to supply your service.
    Or the service you were contracted to provide was could not legally be provided because of Covid restrictions...

    Quote Originally Posted by rth_discos View Post
    However, expect people to band around their new favourite word for some time yet, in completely inappropriate situations where it doesn't apply.
    Oh yus. Fully expecting that. I ended up dodging the issue for my wedding that was scheduled for Saturday. They rescheduled to Monday 19th "due to restrictions" and I have ended up paying someone else to cover the gig I had booked in (kids party) so I could still perform at his wedding and didn't have to get into the whole deal of taking him to court for the full fee.

    Julian
    http://www.bristoldiscohire.co.uk - Quality Disco and Equipment hire for Bristol & Bath
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  5. #605
    Resident Antagonist Benny Smyth's Avatar
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    If only there was some sort of compensatory scheme that clients could purchase for - say - £100 or so, that would reimburse them should any key member of the wedding party fall ill to any and all illnesses...

  6. #606

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    Quote Originally Posted by Benny Smyth View Post
    If only there was some sort of compensatory scheme that clients could purchase for - say - £100 or so, that would reimburse them should any key member of the wedding party fall ill to any and all illnesses...
    Sounds like a good idea. You could make a fortune out of that before someone else thinks of it!
    Nathan.

  7. #607
    Jim - Scotland's Party DJ's Avatar
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    Quote Originally Posted by ppentertainments View Post
    The band were not taking bookings until restrictions were eased, they only booked on tuesday and were informed of this.

    - - - Updated - - -


    Would you refund etc if the Groom had Flu or another illness ? I think it is the same situation personally

    So they've booked a band on Tuesday. Said superstars have dictated they won't work with you and the client is claiming this as a COVID cancellation because the band wouldn't consent to contract until easing?

    God loves a trier but me both of them can do one.

  8. #608

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    Quote Originally Posted by DJ Jules View Post
    Or the service you were contracted to provide was could not legally be provided because of Covid restrictions...
    This was where it got a little grey.

    Restrictions on the size of weddings don't make for a frustrated contract. You could still play music - it's the guests that couldn't dance...

  9. #609

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    Quote Originally Posted by rth_discos View Post
    This was where it got a little grey.

    Restrictions on the size of weddings don't make for a frustrated contract. You could still play music - it's the guests that couldn't dance...
    Luckily I never had to get into that argument. Well, I almost did, but even the venue said that I could perform and the contract was frustrated as they were opening up a marquee outside.

    Julian
    http://www.bristoldiscohire.co.uk - Quality Disco and Equipment hire for Bristol & Bath
    Weddings, Birthday Parties, Kids Parties, School Disco's and more
    https://julianburr.co.uk - Wedding, Family, Portrait and Product Photography

  10. #610

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    It seems that the virus is slowly disappearing, but I have just recovered. I had it for 2 weeks.

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