Contract not signed- refund??

shaun_from_Africa

The OP has implied that their advert is still running so there shouldn't be any additional costs incurred by them.

I haven't had any other enquiries for that weekend yet, so it could
potentially go unbooked and I will be £££s out of pocket.

and by keeping the advert running, they can show that they have made an attempt to get another booking for the date concerned.

Slowhand

shaun_from_Africa wrote: »

The OP has implied that their advert is still running so there shouldn't be any additional costs incurred by them.


and by keeping the advert running, they can show that they have made an attempt to get another booking for the date concerned.

Indefinite advertising without cost?

halibut2209

No, but the OP would still be advertising whether this booking had been made or not, so the costs cannot be retained. Only unique costs can be retained from a deposit.

System

Slowhand wrote: »

Indefinite advertising without cost?

I assume her business pays for this as she isn't just advertising one day. It will be a general advert advertising her "services"

Slowhand

goater78 wrote: »

I assume her business pays for this as she isn't just advertising one day. It will be a general advert advertising her "services"

There's a lot of assuming going on. Prove to me it's a general ad. You can't.

unholyangel

Slowhand wrote: »

Indefinite advertising without cost?

In other words, the cost did not arise as a result of the consumers breach therefore it cannot be classed as consequential loss as it is a normal business expense.

Different if the OP had to take out an advert for that date specifically, but she cant claim costs for adverts that she normally runs because she'd pay for them regardless whether the consumer was in breach or not.

System

Slowhand wrote: »

There's a lot of assuming going on. Prove to me it's a general ad. You can't.

I think the OP will post back and confirm. Therefore I don't need to prove it.

I personally have never seen a wedding photographer advertise that they only work on one date.

halibut2209

Indeed, Slowhand. Although you clearly know this and inkeeping with your posting styles you are merely being facetious.

bris

The courts don't side with the consumer, they side with who is right, in this case contract law will take precedence.
The contract is in place with the deposit as confirmation, you can keep it as long as you keep the date available for re booking. You can also sue for the remainder of the contract, less expenses that you would incur on the day through normal business that you would no longer need to spend.
At this stage the client would not win in court, as long as you can show you are mitigating your losses by keeping the date open. You could even accept a lower offer for the day if it's all you can get and sue for the difference.

George_Michael

Slowhand wrote: »

There's a lot of assuming going on. Prove to me it's a general ad. You can't.

No one is required to prove anything on this sort of board as most replies are generally opinions based on a few facts and a few assumptions.


If I were to ask you to prove that you are not in fact a small Scandinavian being who likes to live in caves, could you do this?