Cancelling a booking less than 24 hours after it was made.

Sammywu1

Hello,
I'm new to the site so please bear with me.
I'm trying to organise my sons 6 th birthday party. I chose a local soft play centre that included everything in the price (less hassle for me) anyway the website was done so I phoned up, explained what I was after, paid a £50 deposit over the phone and was advised to go down to collect the invites..... Anyway, long story short, I was met with several very rude members of staff who eventual came down from the upstairs office, (zero staff on shop floor) after much arguing they finally printed off some invites which were the most pitiful things I have ever seen. Overall I was not impressed and held no hopes for them making my boys day special so I said I wanted to cancel the party and get a refund. They are refusing, is there anything I can do?
I did contact the bank about charge back but they said no. Any advice would be much appreciated.
Thanks:)

Spank

If it's in their T&C's that it's non refundable you won't get it back, they may even charge you for the printing as well.

unholyangel

Spank wrote: »

If it's in their T&C's that it's non refundable you won't get it back, they may even charge you for the printing as well.

Just because somethings in the T&C's, doesnt make it legal. Furthermore, you can only be bound by terms you were aware of at the time of entering into the contract. However, in these types of situations, its always best to assume you have no penalty free right of exit. They would be entitled to losses they reasonably incurred due to the breach - and thats if OP cancels with no reason. They also have a statutory duty to mitigate their losses. They cannot just refuse to allow the OP to cancel.

If they have failed to supply what was agreed, the consumer would likely be able to cancel without penalty.

OP, what is actually wrong with what they've supplied? You said the invites arent good enough, but whats wrong with them? Did they state the invites would be done a certain way and they havent?

Is it possible you've set your standards a little too high? What was the price and what was included in the price?

daytona0

This doesn't completely add up...

Shop employees can be rude yes but all o them hiding upstairs?? hmmm. Did you catch them during lunch or non opening time? I don't tend to believe that shop members are so rude unless you're being a bit o a pain in the !!! (I could be wrong though!). In which case, try and chill a bit.


Issue at hand... what did you expect the 50 pound deposit to cover/represent? Generally these are a small amount which acts as a "commitment" to have the complete service. What purpose does it serve i you simply ask 4 it back when you're no longer happy with the partial (Cheapest!) product supplied? They provided you with what you call shoddy invites...well 1. unless you're talking wedding-type invites then it is all the same crap printed on A4 paper just with design changes depending on the company style... and 2. Make your own, takes an hour on MS Word. I doubt that the invites cost anywhere near 50 quid and also the service has not been completely provided so why should you be able to cancel penalty 4ree when they haven't been given the opportunity to provide the complete service?

In terms o the law I don't think you have a leg to stand on YET, BUT were you to go through with the party and were it to be shoddy then MAYBE THEN. It is also an idea checking the Ts and Cs o the company to see what they say about deposits. Good luck! (oh and i'm glad the bank turned down your chargeback request But only because it shows that they don't just do it willy nilly)

KatieDee

Perhaps you could ask to speak to a manager and explain why you are now reluctant to continue with the booking. As others have said, it may have been that you approached at an awkward time or perhaps it was a clash of personalities (I work with the public and know how some people can come across, often without meaning to!).

If you can speak to the manager, you're giving them the opportunity to sort the issue. You obviously thought your son would enjoy having his special day there so it seems silly to write them off and lose money in the process!

If you do choose to speak to a manager, please remember to stay calm and polite. Explain that you're aware you may have popped in at a bad time but you feel it gave a bad impression of a company you were previously looking forward to using. You may get an apology and better service!

As for the invites...they're not likely to go out of their way to print amazing invites unless the final price reflects this. You'll find it costs very little to print your own and you can style them to your (or your sons!) liking!

Hope it works out for you.

stevemLS

unholyangel wrote: »

Just because somethings in the T&C's, doesnt make it legal. Furthermore, you can only be bound by terms you were aware of at the time of entering into the contract. However, in these types of situations, its always best to assume you have no penalty free right of exit. They would be entitled to losses they reasonably incurred due to the breach - and thats if OP cancels with no reason. They also have a statutory duty to mitigate their losses. They cannot just refuse to allow the OP to cancel.

If they have failed to supply what was agreed, the consumer would likely be able to cancel without penalty.

OP, what is actually wrong with what they've supplied? You said the invites arent good enough, but whats wrong with them? Did they state the invites would be done a certain way and they havent?

Is it possible you've set your standards a little too high? What was the price and what was included in the price?

As far as I know there is no statutory duty to mitigate loss, common law yes, but no statute?

Can you point me to it?

arcon5

Spank wrote: »

If it's in their T&C's that it's non refundable you won't get it back, they may even charge you for the printing as well.

The deposit will more than cover their actual losses including these invites.

arcon5

The contract doesn't need to state the deposit is non-refundable op. It is by its very nature non-refundable, you paid it in consideration for the contract you entered in to and now seeking to breach.
Unless you can show they've breached the terms of the contract, including those implied by law.

Sammywu1

Thank you all for your replies.

I too work in the service industry and have done for most of my life so I understand customer service.
The £50 was to secure the date for the party which would have cost near £350 in total. The invitations they gave are two on one piece of A4 with the venue name, to and from on it. Nothing else, no address of venue, telephone number, not even the venue logo.
I am disappointed in the invitations but it's the general all round attitude and how the were with me for just asking for the invitations in the first place. I did ask to speak to a manager who was also rude and stated all staff had to be off the shop floor to tend to the colleague with a nosebleed.
At the end of the day all I wanted was a hassle free birthday party provided by child friendly people who do all they can to make every aspect if a child's birthday special as it stated on their birthday leaflet.
The party is now being held at another venue and I did email the overall manager but so far had no response.

unholyangel

stevemLS wrote: »

As far as I know there is no statutory duty to mitigate loss, common law yes, but no statute?

Can you point me to it?

Think about what you just said there and see if you can figure out whats wrong with it.

stevemLS

unholyangel wrote: »

Think about what you just said there and see if you can figure out whats wrong with it.

I do plain speaking, if you believe there is a statute, please tell me which Section/Act you are referring it.