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15-07-2021, 12:19 PM
#601
Originally Posted by
Jim - Scotland's Party DJ
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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15-07-2021, 12:38 PM
#602
Originally Posted by
Jim - Scotland's Party DJ
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.
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Originally Posted by
DJ Jules
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
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15-07-2021, 12:51 PM
#603
Originally Posted by
ppentertainments
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.
Originally Posted by
DJ Jules
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.
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15-07-2021, 02:31 PM
#604
Originally Posted by
rth_discos
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.
Originally Posted by
rth_discos
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...
Originally Posted by
rth_discos
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
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15-07-2021, 03:11 PM
#605
Resident Antagonist
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...
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15-07-2021, 03:37 PM
#606
Originally Posted by
Benny Smyth
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!
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15-07-2021, 05:33 PM
#607
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15-07-2021, 05:55 PM
#608
Originally Posted by
DJ Jules
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...
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15-07-2021, 07:35 PM
#609
Originally Posted by
rth_discos
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
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14-09-2022, 06:58 AM
#610
It seems that the virus is slowly disappearing, but I have just recovered. I had it for 2 weeks.
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