Venue have cancelled Xmas party

clarky72

I'm after advice please, I have organised a party night at a hotel for 25 colleagues, the hotel chain contacted me today to say - we were booked in under a "joiner" party ( we were not aware) and now the other party has cancelled so they have to cancel our party which is booked for five days time.

They make no mention on their party booklet that it is a 'joiner' party and that they need a certain amount of numbers to make it go ahead, all they can suggest that we come in for a discounted lunch with free mince pies and some free wine. I feel this is not acceptable, we booked it in July and I have 25 people at work who are going to be very disappointed. Any advice please re our rights.

mo786uk

Would probably come under the SUpply of Goods and Services ACt 1982, if you cannot find somewhere else at the same price you may be able to pursue the venue for the difference in cost - not 100% sure though.

arcon5

How did you come across the company and did you receive, sign or see any terms?

hcb42

unfortunately hotels do have to do this if a particular date does not fill, and I would be reasonably confident it is in the terms and conditions. They wont be able to run the event with just your group, and indeed if it did it would be flat and not worth attending?

If you dont want the lunch, you might be able to try and move it to another night, where they are busier, and have not cancelled the night?

EDIT: I have of course assumed they offered you the lunch or your money back in full?

clarky72

Not sure if I'm allowed to say which Hotel chain it is on this site? We had no terms or written contract, I only received a two line letter confirming the booking and then again when I paid the deposit and balance. Their brochure small print only covers if the client cancels, nothing written by them covering themselves if they cancel. I personally think they've had a better offer and some one wants to hire out the whole room for a larger fee. We've been to the same venue for the past 4 years and the room is only small and holds approx 100 people, it's never been packed out and although we're only a small group of 25, we have always taken over the dance floor, so really wouldn't be worried if noone else was there, they have said the possibility of changing the date but this time of year to get 25 able to attend would not happen. We are shift workers and all working over Xmas and it was going to be 'Our Xmas'.

unholyangel

What are the terms if the client cancels?

Technically they cannot have a term which penalises the client for cancelling if they can cancel without penalty....unfair contract terms act.

2.7.1 A term which could allow the supplier to refuse to carry out his side of the
contract or any important obligation under it, at his discretion and without
liability, has clear potential to upset the balance of the contract to the
consumer's disadvantage. This applies not only to terms which allow the
supplier to refuse to carry out his side of the bargain altogether, but also to
those which permit him to suspend provision of any significant benefit
under the contract – see paragraph 15.4

6.1.2 Excessive rights for the supplier. Cancellation of a contract by the supplier
can leave the consumer facing inconvenience at least, if not costs or other
problems. Where that is so, a unilateral right for the supplier to cancel
without any liability to do more than return prepayments is likely to be
considered unfair

DVardysShadow

clarky72 wrote: »

Not sure if I'm allowed to say which Hotel chain it is on this site? We had no terms or written contract, I only received a two line letter confirming the booking and then again when I paid the deposit and balance. Their brochure small print only covers if the client cancels, nothing written by them covering themselves if they cancel. I personally think they've had a better offer and some one wants to hire out the whole room for a larger fee. We've been to the same venue for the past 4 years and the room is only small and holds approx 100 people, it's never been packed out and although we're only a small group of 25, we have always taken over the dance floor, so really wouldn't be worried if noone else was there, they have said the possibility of changing the date but this time of year to get 25 able to attend would not happen. We are shift workers and all working over Xmas and it was going to be 'Our Xmas'.

I agree, they have a better offer. Depends how strongly you all feel about it, I would suggest all truning up, going in and occupying seats, enough to make sure that they are well embarrassed for the other party. Then going off for a curry or something

Basically, if they never made it clear it was a 'joiner' party at the outset, they are in the wrong to cancel on those grounds.

ThumbRemote

hcb42 wrote: »

unfortunately hotels do have to do this if a particular date does not fill, and I would be reasonably confident it is in the terms and conditions. They wont be able to run the event with just your group, and indeed if it did it would be flat and not worth attending?

The most certainly do not HAVE to do this, the hotel has CHOSEN to do this. There's a significant difference.

They would be quite able to run the event with 25 people.

Optimist

Possibly a little late now but their "compensation" offer isn't really acceptable or indeed in my view reasonable.

You are going to have difficulty getting another venue at this late date but you should try. If you succeed and it is more than the original place you should insist that they pay the difference.

They have a contract with you and happily for you it is that rare thing amongst contracts, one in which you are entitled to claim for `non-pecuniary loss' or damages for loss of enjoyment. Say thank you to that most brilliant of Judges, Lord Denning for that,

How much you would get would be up to a judge, however I guess you would rather have the Christmas Party so it isn't really the route you should go down unless absolutely necessary. It is a point you might mention in discussions with the hotel, try to speak to someone in a responsible role in the hotel, manager, director etc

hcb42

ThumbRemote wrote: »

The most certainly do not HAVE to do this, the hotel has CHOSEN to do this. There's a significant difference.

They would be quite able to run the event with 25 people.

yes, but 25 people in a room which seats 250 is going to be a flop at best.