Hula Groove Wedding Band - Threatened court action!

dacouch

Equaliser123 wrote: »

What was in there before? Or is it simply an addition.

I think they were copied and pasted onto page one post 9 of this thread

pimento

Hm. Sneaky... Changing the T&C's after the fact.

edgex wrote: »

These were NOT the original T&C's ^^^
http://www.hulagroove.co.uk/TandCs.pdf

document has been changed
PDF was created 09/08/2010 17:15:33







edgex 09-08-2010, 12:41 PM

shortchanged_2

pimento wrote: »

Hm. Sneaky... Changing the T&C's after the fact.

That is the reason the T&C's must be in a durable form or they are open to abuse. Website T&C's can be all too easily altered.

Equaliser123

dacouch wrote: »

I think they were copied and pasted onto page one post 9 of this thread

Thanks - that's useful.

The difficulty the OP will have is that if the conditions were silent as to when a contract is actually formed it will be for the Court to decide.

If the OP had confirmed the booking then it will be tricky to say that the contract had not been made at that point.

hippyadam

This bunch are having a giraffe! :rotfl:

If it were me i wouldn't waste any more time dealing with, or worrying about these muppets...

Four simple words: "See you in court".

(but then i'm renowned for being a bit grumpy)

Mekmj

From what has been said, I would suggest that HG misrepresented the fact that they would be booked up very quickly in order to induce the OP's fiancee to book them. If so, then I would argue that the OP is entitled to rescind the contract. See Misrepresentation Act 1967.

edgex

Equaliser123 wrote: »

Thanks - that's useful.

The difficulty the OP will have is that if the conditions were silent as to when a contract is actually formed it will be for the Court to decide.

If the OP had confirmed the booking then it will be tricky to say that the contract had not been made at that point.

http://forums.moneysavingexpert.com/showpost.html?p=35523493&postcount=29
Original T&C's:

edgex wrote: »

http://www.hulagroove.co.uk/faq.asp

How much desposit do I pay to secure a booking?
We require 25% of the full fee at the time of booking. The balance can then be paid by direct transfer of cheque a week before your event or in cash on the night.



T&C's are not obviously available, only linked to from booking form
http://www.hulagroove.co.uk/TandCs.pdf

Contracts & Booking requirements
The Band cannot guarantee the presence of any specific Band members at the event. All Band members are subject to change without notice.

A deposit of 25% is due at the time of booking. The remaining cleared payment must be received no later than 14 days before the event (by bank transfer or cheque).
Cancellation and Postponement Policy
In the event of Client cancellation or postponement more than 6 weeks in advance of the performance, 75% of the agreed Band fee will be due. At less than 6 week’s notice or in the event of any breach of these Terms and Conditions the full fee will be due.

http://forums.moneysavingexpert.com/showpost.html?p=35597405&postcount=164

New T&C's:

Contracts & Booking requirements
The Band cannot guarantee the presence of any specific Band members at the event. All Band members are
subject to change without notice.
A deposit of 25% is due at the time of booking. The remaining cleared payment must be received no later than
14 days before the event (by bank transfer or cheque).
Cancellation and Postponement Policy
All bookings are legally binding from the moment the Band sends a booking confirmation to the Client by
email.
In the event of Client cancellation or postponement more than 6 weeks in advance of the performance, 75% of
the agreed Band fee will be due. At less than 6 week’s notice or in the event of any breach of these Terms and

Conditions the full fee will be due.

website:
http://www.hulagroove.co.uk/faq.asp

How much desposit do I pay to secure a booking?
We require 25% of the full fee at the time of booking. The balance can then be paid by direct transfer of cheque a week before your event or in cash on the night.

The OP has not paid a deposit, therefore not made a booking, or secured a booking

Takoda

So to sum up then

1) There is no band as such - just a greedy bloke who takes bookings for a random group of musos.
2) There is no contract because the OP didn't pay a deposit.
3) There is no contract because email isn't legally binding.
4)Even if there was a contract the OP isn't bound by it because the T&Cs were changed after the alledged contract was formed.
5) If there is actually a contract the OP was blackmailed into agreeing to it by a pushy booking agent so it doesn't count.

Did I miss anything out?

Why are we still discussing it?

Equaliser123

edgex wrote: »

The OP has not paid a deposit, therefore not made a booking, or secured a booking

Arguable but not conclusive in my view. The problem is that the deposit was "due". The fact that it was not paid is not fatal to the argument that a contract has been formed. Certainly muddies the waters a bit though.

Optimist

Takoda wrote: »

So to sum up then

1) There is no band as such - just a greedy bloke who takes bookings for a random group of musos.
2) There is no contract because the OP didn't pay a deposit.
3) There is no contract because email isn't legally binding.
4)Even if there was a contract the OP isn't bound by it because the T&Cs were changed after the alledged contract was formed.
5) If there is actually a contract the OP was blackmailed into agreeing to it by a pushy booking agent so it doesn't count.

Did I miss anything out?

Why are we still discussing it?

I am not commenting on this particular case but in principle I would disagree with number 2/3 it is perfectly possible to make
a contract via email and something done by many businesses in this electronic age.

This was even accepted in court as late as last year (Grant v Bragg) and even though the case was overturned on appeal
earlier this year, the grounds for the it being overturned were for other reasons rather than the email correspondence.