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Wedding Band cancellation where do we stand?

(9 Posts)
nightcapers Wed 02-Nov-16 21:49:59

Can anyone help with this issue we have with the wedding band that my daughter booked for her forthcoming wedding in July 2017?
Because of circumstances out of her and her fiance's control she has had to massively scale down the wedding plans. Three weeks ago she booked a band to play in the evening and has spoken to them to cancel it with regret.
They are insisting on her paying half the amount or they will take the matter through the small claims court. Can they legally do this?
Thanks very much in advance for any advice

RaeSkywalker Wed 02-Nov-16 21:59:15

Has she signed a contact? What does it say?

nightcapers Wed 02-Nov-16 22:06:10

Yes,well not exactly signed but e-mailed to say they had read the contract and agreed it

Spam88 Wed 02-Nov-16 22:20:20

The contract should specify the cancellation fee at various times.

Allthebestnamesareused Thu 03-Nov-16 18:38:40

It will depend on what the contract terms are (it is still a valid contract if she was aware of the terms when agreeing it and booking even if not signed).

If the terms are that there is a half fee upon cancellation then it is due. It may have been even more if she cancelled closer to the event.

johnd2 Sat 05-Nov-16 11:36:42

The cancellation fee has to be a realistic estimate of the loss as otherwise it's a penalty charge with is not enforceable in a contract. A reasonable estimate of their loss at this stage is likely to be a few hundred at most.
Remember the bank charges thing? That was the same issue, and eventually they had to refund them all.

prh47bridge Sat 05-Nov-16 16:16:40

The cancellation fee has to be a realistic estimate of the loss as otherwise it's a penalty charge with is not enforceable in a contract

That is not true. A clause in a contract requiring one party to pay an agreed figure for failing to meet their obligations is enforceable provided the person seeking to enforce it has a legitimate interest in doing so and the sum is not out grossly excessive. See the judgement of the Supreme Court in ParkingEye Ltd v Beavis in which a penalty was upheld for staying too long in a free car park. ParkingEye had not suffered any loss but were still able to enforce an £85 penalty as the court held it was not grossly excessive.

BackforGood Sat 05-Nov-16 16:31:33

Seems a high % this far out. If they are a half decent band, I'm sure they can pick up other bookings in the time available.

Also, taking her to the small claims court doesn't necessarily mean they will win.

nightcapers Sat 05-Nov-16 18:47:31

Thanks everyone for your help. She has come to an agreement with the band still not 100% happy with it but at least they have compromised.All the best smile

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