Contracts / Cancellation / Cooling Off Period
Discussion
Hi All
Hopefully someone here can confirm something for me.
Someone has booked my company to provide musical services for an event next year.
The booking was made by email 12 days ago. I sent them a contract, which they returned 10 days ago. The contract has cancellation terms in it. The one in question here is that if the booking is cancelled 90 or more days before the event, then 20% of the fee is due.
They have emailed me today saying they want to cancel. I have requested the 20% cancellation fee. They have replied stating:
I understand the contract includes a cancellation policy, but as the booking was made remotely and no services have begun, I’m exercising my right to cancel under the Consumer Contracts Regulations 2013, which allow a 14-day cooling-off period. The contract didn’t include any information about this statutory right or provide a cancellation form, so no cancellation fee is payable. With the wedding not until 2026, I’d expect there hasn’t been any work or cost incurred, and there is more than enough time to rebook the date.
I believe that this is not correct as cooling off periods to not apply when services are booked for a specific date as per https://www.citizensadvice.org.uk/consumer/changed...
Before I challenge them, can someone confirm if I'm correct please? I've had many cancellations in the past, but none within 14 days, so want to double check.
Thanks in advance
Hopefully someone here can confirm something for me.
Someone has booked my company to provide musical services for an event next year.
The booking was made by email 12 days ago. I sent them a contract, which they returned 10 days ago. The contract has cancellation terms in it. The one in question here is that if the booking is cancelled 90 or more days before the event, then 20% of the fee is due.
They have emailed me today saying they want to cancel. I have requested the 20% cancellation fee. They have replied stating:
I understand the contract includes a cancellation policy, but as the booking was made remotely and no services have begun, I’m exercising my right to cancel under the Consumer Contracts Regulations 2013, which allow a 14-day cooling-off period. The contract didn’t include any information about this statutory right or provide a cancellation form, so no cancellation fee is payable. With the wedding not until 2026, I’d expect there hasn’t been any work or cost incurred, and there is more than enough time to rebook the date.
I believe that this is not correct as cooling off periods to not apply when services are booked for a specific date as per https://www.citizensadvice.org.uk/consumer/changed...
Before I challenge them, can someone confirm if I'm correct please? I've had many cancellations in the past, but none within 14 days, so want to double check.
Thanks in advance
elise2000 said:
Easier yes, but only inclined to if they are correct regarding the law.
No expenses, just some time booking it in, booking musicians etc.
Cancellations, especially this far ahead, are to be expected. No expenses, just some time booking it in, booking musicians etc.
Scathing reviews from (rightly or wrongly) annoyed customers are also to be expected.
I suppose it’s up to you to decide whether it’s worth all the time, trouble, lowered reputation etc, when you could spend the time and effort on finding bookings for that slot?
Tony1963 said:
Cancellations, especially this far ahead, are to be expected.
Scathing reviews from (rightly or wrongly) annoyed customers are also to be expected.
I suppose it s up to you to decide whether it s worth all the time, trouble, lowered reputation etc, when you could spend the time and effort on finding bookings for that slot?
Yes, that's all correct. Scathing reviews from (rightly or wrongly) annoyed customers are also to be expected.
I suppose it s up to you to decide whether it s worth all the time, trouble, lowered reputation etc, when you could spend the time and effort on finding bookings for that slot?
I'm just wondering if I'm in the right or not. Not 100% sure whether I'll chase them too much for it yet or not
As above, is being right worth the potential cost. Last thing you want is 'My fiancé died and this firm wouldn't refund my money, I'd only signed a week earlier!" review left. I guess it depends how much you rely on reviews/word of mouth for business and therefore can you accept the risk.
ozzuk said:
As above, is being right worth the potential cost. Last thing you want is 'My fiancé died and this firm wouldn't refund my money, I'd only signed a week earlier!" review left. I guess it depends how much you rely on reviews/word of mouth for business and therefore can you accept the risk.
Yes. Just interested to know if I am right or notLordLoveLength said:
Who wrote the contract and when? You need to look at the distance selling regulations - there are exemptions but generally around food/drink, travel tickets etc.
just because you have a cancellation fee written into your contract doesn t necessarily mean it s legal or enforceable.
Contract was written by ourselves, but has stood up in court before. just because you have a cancellation fee written into your contract doesn t necessarily mean it s legal or enforceable.
Distance selling regs say exemptions for "catering or leisure activities for specific dates (eg hotel and restaurant bookings, theatre tickets, catering for a wedding or party)"
I am pretty sure that they are correct
“ Your right to cancel a service made at a distance starts the moment you enter into the contract and lasts 14 days”
I think your contract would need to reference the fact that the other party”s rights under the regulations are excluded by your contract and they would need to sign and return to validate their agreement.
In those circumstances, I doubt that they would sign, in any event.
“ Your right to cancel a service made at a distance starts the moment you enter into the contract and lasts 14 days”
I think your contract would need to reference the fact that the other party”s rights under the regulations are excluded by your contract and they would need to sign and return to validate their agreement.
In those circumstances, I doubt that they would sign, in any event.
I would doubt that would cover it - there is a financial loss for food, tickets etc but providing a service a year in advance? Not so much.
The judge would need to consider your actual financial loss (not what you think you’ve lost/ could have earned)
and also consider whether it could be reasonably foreseen that a cancellation may occur - ie your typical business risk.
2 options - suck it up or ask a judge to decide.
The judge would need to consider your actual financial loss (not what you think you’ve lost/ could have earned)
and also consider whether it could be reasonably foreseen that a cancellation may occur - ie your typical business risk.
2 options - suck it up or ask a judge to decide.
I’m not sure if I would ever have agreed to a 20% cancellation charge effective that far ahead but if they signed the contract with that in and there is nothing else date wise about cancellations then I suppose in theory you are right.
Slightly curious though as to why cancel within the time frame you have given which almost reads of a change in mind as opposed to something awful happening.
Not sure what 20% amounts to but I doubt you have “spent “ a tiny fraction of that in either your time or expenses.
I’d be tempted to just let it go.
As others have said the damage an adverse review could do to your business will outweigh anything you may recover and turn it into a Pyrrhic victory.
Slightly curious though as to why cancel within the time frame you have given which almost reads of a change in mind as opposed to something awful happening.
Not sure what 20% amounts to but I doubt you have “spent “ a tiny fraction of that in either your time or expenses.
I’d be tempted to just let it go.
As others have said the damage an adverse review could do to your business will outweigh anything you may recover and turn it into a Pyrrhic victory.
LordLoveLength said:
I would doubt that would cover it - there is a financial loss for food, tickets etc but providing a service a year in advance? Not so much.
The judge would need to consider your actual financial loss (not what you think you ve lost/ could have earned)
and also consider whether it could be reasonably foreseen that a cancellation may occur - ie your typical business risk.
2 options - suck it up or ask a judge to decide.
I think that a ticket for a concert next year would be a similar situation perhaps? The judge would need to consider your actual financial loss (not what you think you ve lost/ could have earned)
and also consider whether it could be reasonably foreseen that a cancellation may occur - ie your typical business risk.
2 options - suck it up or ask a judge to decide.
I'm not taking it to court - too 50/50 and not worth the time!
alscar said:
I m not sure if I would ever have agreed to a 20% cancellation charge effective that far ahead but if they signed the contract with that in and there is nothing else date wise about cancellations then I suppose in theory you are right.
Slightly curious though as to why cancel within the time frame you have given which almost reads of a change in mind as opposed to something awful happening.
Not sure what 20% amounts to but I doubt you have spent a tiny fraction of that in either your time or expenses.
I d be tempted to just let it go.
As others have said the damage an adverse review could do to your business will outweigh anything you may recover and turn it into a Pyrrhic victory.
It's pretty standard in the wedding industry to have similar terms. As weddings are generally booked a long time in advance. The 20% is £140. I suppose it depends what I value my time at! Think I'll let it go. Slightly curious though as to why cancel within the time frame you have given which almost reads of a change in mind as opposed to something awful happening.
Not sure what 20% amounts to but I doubt you have spent a tiny fraction of that in either your time or expenses.
I d be tempted to just let it go.
As others have said the damage an adverse review could do to your business will outweigh anything you may recover and turn it into a Pyrrhic victory.
elise2000 said:
LordLoveLength said:
I would doubt that would cover it - there is a financial loss for food, tickets etc but providing a service a year in advance? Not so much.
The judge would need to consider your actual financial loss (not what you think you ve lost/ could have earned)
and also consider whether it could be reasonably foreseen that a cancellation may occur - ie your typical business risk.
2 options - suck it up or ask a judge to decide.
I think that a ticket for a concert next year would be a similar situation perhaps? The judge would need to consider your actual financial loss (not what you think you ve lost/ could have earned)
and also consider whether it could be reasonably foreseen that a cancellation may occur - ie your typical business risk.
2 options - suck it up or ask a judge to decide.
I'm not taking it to court - too 50/50 and not worth the time!
Other thing is how did they pay? If it’s by credit card or debit card they would just ask the card issuer for a chargeback- good luck arguing against that one! It’s certainly not worth £140 of the card issuers time to argue it out.
You aren’t in the right as they have the right under the 14 day rule as per statutory rights.
Even outside the 14 days you’d need to show loss e.g. turned down other booking. Move on and put is down to the cost of doing business. People are fickle so take it as a lesson in doing business.
Even outside the 14 days you’d need to show loss e.g. turned down other booking. Move on and put is down to the cost of doing business. People are fickle so take it as a lesson in doing business.
TonyF1 said:
You aren t in the right as they have the right under the 14 day rule as per statutory rights.
Even outside the 14 days you d need to show loss e.g. turned down other booking. Move on and put is down to the cost of doing business. People are fickle so take it as a lesson in doing business.
Outside the 14 days it’s different. No loss needs to be shown- this has stood up in court several times before.Even outside the 14 days you d need to show loss e.g. turned down other booking. Move on and put is down to the cost of doing business. People are fickle so take it as a lesson in doing business.
Yep, always more to learn isn’t there.
LordLoveLength said:
elise2000 said:
LordLoveLength said:
I would doubt that would cover it - there is a financial loss for food, tickets etc but providing a service a year in advance? Not so much.
The judge would need to consider your actual financial loss (not what you think you ve lost/ could have earned)
and also consider whether it could be reasonably foreseen that a cancellation may occur - ie your typical business risk.
2 options - suck it up or ask a judge to decide.
I think that a ticket for a concert next year would be a similar situation perhaps? The judge would need to consider your actual financial loss (not what you think you ve lost/ could have earned)
and also consider whether it could be reasonably foreseen that a cancellation may occur - ie your typical business risk.
2 options - suck it up or ask a judge to decide.
I'm not taking it to court - too 50/50 and not worth the time!
Other thing is how did they pay? If it s by credit card or debit card they would just ask the card issuer for a chargeback- good luck arguing against that one! It s certainly not worth £140 of the card issuers time to argue it out.
No deposit paid, just signed contract agreeing to pay the 20% if cancelling at this time.
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