Hula Groove Wedding Band - Threatened court action!

somethingcorporate

Takoda wrote: »

"Cancellation and Postponement Policy
All bookings are legally binding from the moment the Band sends a booking confirmation to the Client by email."

Really? What if the email goes astray? Or the wrong email address is typed in? Or the customer doesn't receive the email due to some problem with their ISP? How do the band know the customer has actually received the email?

What about the deposit? Surely the deposit is key here? There was no deposit paid.

Wouldn't the postal rule apply?

Edit: Which means I completely agree with your point.

Takoda

somethingcorporate wrote: »

Wouldn't the postal rule apply?

Edit: Which means I completely agree with your point.

What's the postal rule?

I'm glad you agree.

Vomityspice

Does the postal rule apply to instantaneous forms of communication?

Care to help with some case law?

Takoda

I've googled it now but most of the info I looked at said that the postal rule DIDN'T apply to instantaneous forms.

somethingcorporate

Vomityspice wrote: »

Does the postal rule apply to instantaneous forms of communication?

Care to help with some case law?

No, I don't think it does, but (according to Wiki) the courts are as yet undecided as to whether it applies to email or not. Even so, the more I think about this the more I think that the postal rule is not applicable and hence acceptance (and contract formation) can only arise when the receivor (OP) sees the mailed acceptance. Which puts the onus back on the company to prove that it was seen/read (and makes another of their terms invalid).

We're probably going off at a tangent here - Equaliser is probably the one to clear this one up.

Takoda

Danny,
Look, I don’t want to harp on about this. No tempo tantrums. I know you need to drum up as much trade as you can in this day and age. But look at the scale of this booking. You don’t need to use sharp business practice with this couple – it is just natural that they want to save a bit of lute where they can. Let them off their debt – with no strings attached - it won’t make you go for baroque. We’ll stop banging on about it if you do. Come on you can duet! Any musician of note would do this. Don’t make them fret any longer that they are going to have to face the music. They are really worried about the re-percussions. Please refrain from pursuing these poor people any further.

We’ll stay tuned to see what you decide to do. I’m sure you’ll conduct yourself well and make the right decision and that your Bach is worse than your bite!
Love,
T
PS This story about a couple in treble is a real clef hanger!

terryw

You should be band!

Takoda

terryw wrote: »

You should be band!

Damn, I missed that one! :rotfl::rotfl::rotfl:

Takoda

Hope that wasn't a chorus of disapproval from you Terry.

Equaliser123

unholyangel wrote: »

I dont think it was the intention of anyone to slate the band as an act - as a few posters have actually said they're quite good. More the way in which this matter has been dealt with.

I'm not convinced that's right - let's not forget that the intent by several posters was to get search results from googling the band and the word 'review' linked to this forum.

I totally agree that it is not the fault of the OP that this thread has gone completely off-piste.