Cancelled christmas party

DVardysShadow

MrRedundant wrote: »

Of course if it was stipulated as an Xmas meal. A savvy restaurant won't necessarily have called it that.

Its quite probably a refund can be obtained but the OP would need to look at all the facts and terms first before he makes the phone call stamping his feet and ends up looking silly.

A lot of places for example call it a festive menu for the festive season. When exactly does the festive season finish?

The 'Christmas Meal' argument is a total red herring, or a bit of a turkey for an argument here.

The implied contract is for a meal at a specific venue on a specific date.

If the restaurant has 'terms and conditions' allowing them to reschedule, these must be explicitly brought into the deal before the booking is agreed - if they arise later, then either it is too late or the customer can cancel without penalty.

So, restaurant defaults by not providing the meal at the specified venue on the specified date, contract breached. The remedy is to refund in full. If another date is offered it is entirely the customer's option and I would say it is a new contract, with the refund from the old contract being payment of the new.

RadoJo

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.

But when events such as you have mentioned are rescheduled, those who have tickets are given the option to attend the rescheduled date or have a refund. If you had booked tickets to a gig on a date you could attend which was subsequently rescheduled to a date on which you couldn't attend, would you not expect a refund? Even the toughest Ts and Cs allow for this on ticketing websites.

portiapinks

I work for a 'brand resturant'. My husband is a manager where I work. He has said that because the resturant itself have canceled not the party that the op is entilted to a full refund. I whould get in touch with the mananger again and ask for full refund. Say that you are taking the matter further, get in touch with CA to advise you where you can go from there. Im am disgusted that the manager has treated you in this way

giraffe69

What where the terms and conditions?

You can't set terms and conditions that say if you book for a night and the restaurant changes its mind and wants you to take the meal a month later you HAVE to do so. It's simple, the contract was for x people for y night and it was not kept.

The implied contract is for a meal at a specific venue on a specific date.

Of course it is.

spookyshimmyshake

Thanks everyone........we knew it wasnt right the way we was being treated....will update with the outcome!!!!!

lucylucky

spookyshimmyshake wrote: »

Thanks everyone........we knew it wasnt right the way we was being treated....will update with the outcome!!!!!

Good luck, and when you get your deposit back you can all go out for a celebratory drink with the money.

ccotaxc

Name and shame?

harringr

The same scenario has just happened with our planned office party (20 people) - it was due for this coming wednesday and we had a phone-call today from the restaurant saying that too many people had cancelled so they were cancelling ours too. We've been told the meal has been rescheduled to 21st January and that there are no refunds. It's already looking highly unlikely that many people will be able to make that day. I'm eager to see how the op gets on and what our options may be.

harringr

Also, we paid by credit card, I think the total was about £900 - would that put us in a stronger position?

Broken_hearted

Do a chargeback for services not delivered if they continue to refuse your refund.