Cancelled christmas party

MrRedundant

Nice to see people jumping in and telling the OP what they want to hear.

What where the terms and conditions? If you didnt agree any specifically does the restaurant have standard terms and conditions regarding cancellation.

If the Restaurant doesnt have a term re this then you are entitled to the refund.

Optimist

MrRedundant wrote: »

Nice to see people jumping in and telling the OP what they want to hear.

What where the terms and conditions? If you didnt agree any specifically does the restaurant have standard terms and conditions regarding cancellation.

If the Restaurant doesnt have a term re this then you are entitled to the refund.

Anything other than full money back would be patently unfair to the consumer and would fall foul of UCTRS.

MrRedundant

Optimist wrote: »

Anything other than full money back would be patently unfair to the consumer and would fall foul of UCTRS.

Care to support that with anything down the lines of case law?

It is hardly unfair when something is completely outwith the restaurants control to have a chance to reschedule the event. A meal is an event that can fairly easily be rescheduled.

Events like football matches, gigs, conferences and so on are regularly rescheduled for such reasons. Funnily enough the UCTRS dont apply to them.

If it was a wedding then maybe you would be right.

Mankysteve

Aye but if you've booked a crimbo do its no longer a crimbo do if its after Christmas. People book Christmas meal as Meals to do before crimbo.

The restaurant are taking the Michael write to them recorded delivery a letter before action.

spookyshimmyshake

We work for one of the largest retailers (which will remain un-named) in the country and found it difficult enough to arrange this night out due to it being our peak period. To have to arrange all this again in January would be a nightmare. We also had staff that booked hotel rooms last night that will not be getting refunds. They are not willing to do this again.

We cant and dont want to go in January for various reasons.

The main reason is we booked and paid for a Christmas party which is not what we are getting if we attend in January. Its just not the same atmosphere.

spookyshimmyshake

He also said that he cant pay us back as he had already paid his staff out

Optimist

MrRedundant wrote: »

Care to support that with anything down the lines of case law?

It is hardly unfair when something is completely outwith the restaurants control to have a chance to reschedule the event. A meal is an event that can fairly easily be rescheduled.

Events like football matches, gigs, conferences and so on are regularly rescheduled for such reasons. Funnily enough the UCTRS dont apply to them.

If it was a wedding then maybe you would be right.

Nope, would you like to show me case law that says it isn't ?:)

Its completely irrelevant whether it is fair to the restaurant or out of their control they cancelled the contract. It doesn't even matter if the consumer could get his 16 workmates together on another night Or indeed if the consumer has just decided they cant be bothered to go another night

Consumer regulations are there to support the consumer, sometimes, actually quite a lot of the time, at the expense of the retailer.

I would be perfectly happy to take this to court with every expectation of winning if the restaurateur was silly enough to try to defend.

lucylucky

spookyshimmyshake wrote: »

He also said that he cant pay us back as he had already paid his staff out

I am sure his staff are delighted, however that is of no concern to you in the slightest.

Altarf

MrRedundant wrote: »

It is hardly unfair when something is completely outwith the restaurants control to have a chance to reschedule the event. A meal is an event that can fairly easily be rescheduled.

But you are missing the point that it was the OP's decision when they wanted to go out for a meal, not the restaurants. If I book a meal for a Saturday night, would you think that it was acceptable for the restaurant to reschedule it to 3pm on a Tuesday afternoon?

MrRedundant wrote: »

Events like football matches, gigs, conferences and so on are regularly rescheduled for such reasons. Funnily enough the UCTRS dont apply to them.

They are covered by the regulations, but the important point is that you are not setting the date and time with them agreeing, they are setting the date and time with the potential that they vary them, and you agreeing to those terms.

MrRedundant

Optimist wrote: »

Nope, would you like to show me case law that says it isn't ?:)

Its completely irrelevant whether it is fair to the restaurant or out of their control they cancelled the contract. It doesn't even matter if the consumer could get his 16 workmates together on another night Or indeed if the consumer has just decided they cant be bothered to go another night

Consumer regulations are there to support the consumer, sometimes, actually quite a lot of the time, at the expense of the retailer.

I would be perfectly happy to take this to court with every expectation of winning if the restaurateur was silly enough to try to defend.

So what you mean is your intepretation of the law suggests the OP is entitled to an immediate refund.

My intepretation is that the restaurant if terms allow have opportunity to try and reschedule should it not become prolonged or awquard.

These are our opinions and intepretation of the law. Until the case law is produced or set neither of us are "right"