Contract....signed but now want to alter terms?
Discussion
I recently booked a venue and asked for drinks for 90 people during the day - with a week to go we have had to revise that to 20 people (a double booking by the venue forced us to change date after we invited folks so numbers were screwed) - anyway - venue is still wanting to bill for 90 units when we'll only need 20....although we signed the terms for that basis is there any get out (aside form common sense by the venue who don't seem fussed about repeat business) Are they able to charge an amount completely disportionate to our use or is that a charge for breach of contact in excess of their loss as a result of that breach?
Drinks are only £4 a head but its the principal!
Drinks are only £4 a head but its the principal!
rpguk said:
Did you have to change the date of the booking after you signed the contract? If so I'd tell them to 
off.
If it wasn't for that then I'd say they are being fare. When looking at their loss you have to remember opportunity cost too.
off. If it wasn't for that then I'd say they are being fare. When looking at their loss you have to remember opportunity cost too.
no - the booking was verbal....we (stupidly) confirmed it after we sent out invites and found they had it booked to someone else and the person that confirmed to us had since left! Que lots of faffing about and we get given a new date....we ask for X beverages but when the invites come back we have to call folks and tell them its for a different date to that shown on their invite - and a load dropped out as a result.
Tiggsy said:
rpguk said:
Did you have to change the date of the booking after you signed the contract? If so I'd tell them to off.
If it wasn't for that then I'd say they are being fare. When looking at their loss you have to remember opportunity cost too.
off. If it wasn't for that then I'd say they are being fare. When looking at their loss you have to remember opportunity cost too.
no - the booking was verbal....we (stupidly) confirmed it after we sent out invites and found they had it booked to someone else and the person that confirmed to us had since left! Que lots of faffing about and we get given a new date....we ask for X beverages but when the invites come back we have to call folks and tell them its for a different date to that shown on their invite - and a load dropped out as a result.
The legal situation would be that a 'verbal' contract contrary to popular belief has no difference to a written one.
Therefore, if push came to shove they could sue you for the cost of their loss of profits. However, your counterclaim would be for the fact they they also broke a contract with you, you could sue for you losses such as sending out the invites and any other costs.
The common sense way forward would be to explain the situation which you have been put it due to *their* breach - the fact that the person who booked the date no longer works there is of no legal consequence. As a point of customer service and some recognition of what they have caused they should go with it, if they dont...
I would tell them if they want to be like that that *you* will cancel the date and take your money elsewhere and they will lose out everything. Then invite them to take legal action if they want but they will expect a counterclaim for the breach of contract the first booking. In effect though you will be both left with the current status quo, so it wont be worth their while, and secondly they would just be losing yoru business as well as wasting their time.
It would be best to put your position in writing though this time, just in case it does get cancelled on you again, or it goes to court!
Edited to add that I have just re-read it and and can seem like that they told you a provisional date that was free, you sent out invites and *then* you confirmed it with them. If that is that case then there is no contract in place for the first booking, as they offered the date and when you confirmed it the date was not available and no contract was formed. But they did offer you a new date which you confirmed there and then. If that is the case there *is* a contract in place for the second date and they could legally ask you for the money for the 90 people booking.
Edited by justinp1 on Wednesday 21st March 20:41
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