Hula Groove Wedding Band - Threatened court action!

agmoore

unholyangel wrote: »

If it is the band i said earlier, then they do state on their website that if a booking is cancelled 6 weeks or more before the due date, 75% of the fee will apply but they dont say anything about 8.5% interest.

And to submit a booking, you need to enter the full details of yourself and the venue AND also agree to their T&C's by ticking a box.

HOWEVER, it does go on to say that in order to secure the booking, the 25% deposit must be paid within 14 days of booking. IMO that would mean no definite contract has been formed and shouldnt be subject to the 75% cancellation fee.

Of course this is purely speculation as the OP seems to have skipped over my post asking if this was in fact the band in question.

unholyangel, can you tell me whereabouts you saw that the deposit must be paid within 14 days of booking. I can't find that on the T&C's or on the website.

Thanks so much for your help. - We are a lot more confident in dealing with this now.

Zandoni

agmoore, what's the name of the band and can you give us a link to their website.

agmoore

Hula groove

unholyangel

agmoore wrote: »

Hula groove

I made a fake booking under the name of Miss Test Test (she's rather testy at times) Says it after agreeing to the T&C's.

agmoore

Thanks. Can only see this bit after terms...

Step 4- Payment Details
A 25% deposit of £
is required to complete your booking. Please state which method of payment you wish to use to pay the deposit:

mountainofdebt

Assuming the divas haven't stumbled across this thread and altered their website accordingly, in the faq section it does clearly state that they require 25% of the full fee at the time of booking.

unholyangel

agmoore wrote: »

Thanks. Can only see this bit after terms...

Step 4- Payment Details
A 25% deposit of £
is required to complete your booking. Please state which method of payment you wish to use to pay the deposit:

Perhaps i selected the wrong payment method? Or even misread something?

The point still stands, that there is no confirmed booking until the deposit is paid. Therefore, IMO......they wouldnt have a leg to stand on.

As a previous poster said, they would only be able to take you to court for any actual losses - and they have a duty to mitigate their losses. Given that its still 5 months away and only 3 days has passed, i cant realistically see them losing any money from it. I believe they would need to prove that based on your tentative booking, they refused other clients.

Check the date you booked to see if its still available. If it is, they're definitely at it.

edgex

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.

no address on website

not a business
http://whois.domaintools.com/hulagroove.co.uk





if you havnt paid a deposit, its not a secured booking, so must be a provisional booking.
which would need confirming, not cancelling.

shortchanged_2

It seems to me they want money for nothing.

Just because it says so in the terms and conditions doesn't mean its absolutely set in stone as there are unfair terms of contracts.


The following are also taken into account when deciding whether a clause is ‘reasonable’ or not:

• The relative strengths of supplier and consumer and whether there is a significant imbalance
• Whether you were offered an inducement to agree to the term
• Whether the items purchased were produced or adapted to your particular requirements.

More recently introduced European Regulations clarify further definitions of what constitutes ‘unfair’.

1. Making the arrangement legally binding on you, but not on the supplier.
2. Allowing the supplier to retain money in the event that you cancel, but not obliging the supplier to pay compensation in the event that they cancel.
3. The requirement for you to pay cancellation charges which are disproportionately high.
4. Allowing the supplier to dissolve the contract on a discretionary basis, without giving you the same right.
5. Allowing the supplier to cancel the contract without reasonable notice to you.
6. Automatic contract renewals where you are not given reasonable opportunity to prevent the renewal.
7. Incorporating legally binding contractual terms without giving you reasonable opportunity to become familiar with them before signing.
8. Allowing the seller to alter the terms of the contract without a valid reason which is specified in the contract.
9. Allowing the supplier to determine the price at the time of delivery, or significantly increasing the price without giving you the chance to cancel.
10. Giving the supplier the right to determine whether the goods you receive are as described or allowing him to interpret contractual terms as he sees fit.
11. Legally obliging you to fulfil your obligations, while not obliging the supplier to fulfil his.
12. Allowing the seller to transfer his rights and obligations if it affects any product guarantees you may have with him.
13. Not allowing or restricting your right to take legal action against him for negligence or breach of contract

For further information, see the regulations themselves:




taken from http://whatconsumer.co.uk/unfair-contract-terms/

agmoore

Hey,
Thanks for the heads up regarding the unfair terms. Legal action suggested I should let the time pass (today) and see what happens.

I'm ready and waiting, and no longer scared by the bullying tactics. It's an utter shame that people have and will continue to be bullied in these circumstances.

I'll update you all when I have more info/need more advice.

x