xmas work dinner

arcon5

Poppie68 wrote: »

I didn't say they had lost money...
They would of lost money if the no shows hadn't been paid for...and then to then give a freebie would again put them at a loss.

There's a difference between loosing money and making less profit than expected!!!

unholyangel

arcon5 wrote: »

There's a difference between loosing money and making less profit than expected!!!

Loss of profit is a claimable loss though. As its a loss the supplier wouldn't have incurred had the contract not been breached.

Had the contract not been breached, the supplier would have received £30 per person (they've possibly lost more through lost drink revenue but there was nothing to guarantee the 2 no shows would have purchased drinks so this is not a provable loss).

The OP said they informed the manager that two hadn't turned up. In other words, there was no notice of cancellation in order for the supplier to attempt to mitigate their losses by possibly reducing staff numbers, getting another 2 people to fill the seats, to order/make less food etc.

Personally I think this is one of the few circumstances their losses would actually be the full contract price.

It would also be for OP to show that they had failed to take reasonable steps to mitigate their loss.

marliepanda

arcon5 wrote: »

None of which provable losses.

Some of which highly unlikely.

Which were highly unlikely?

arcon5

marliepanda wrote: »

Which were highly unlikely?

These two for starters

"Someone may have tried to book a table for two, but due to limitations on seating, they may have been turned away."



"Another larger party may have tried to book, but may have been two short because OP booking 10 so decided to take their custom elsewhere."

arcon5

unholyangel wrote: »

Loss of profit is a claimable loss though. As its a loss the supplier wouldn't have incurred had the contract not been breached.

Had the contract not been breached, the supplier would have received £30 per person (they've possibly lost more through lost drink revenue but there was nothing to guarantee the 2 no shows would have purchased drinks so this is not a provable loss).

The OP said they informed the manager that two hadn't turned up. In other words, there was no notice of cancellation in order for the supplier to attempt to mitigate their losses by possibly reducing staff numbers, getting another 2 people to fill the seats, to order/make less food etc.

Personally I think this is one of the few circumstances their losses would actually be the full contract price.

It would also be for OP to show that they had failed to take reasonable steps to mitigate their loss.

Oh please, no judge in the land would award loss of profit like this where the meals hadn't been prepared. That's like paying a deposit for building work then the builder suing for the total price when you cancel... just wouldn't succeed.


They have to right to keep the whole sum

marliepanda

arcon5 wrote: »

These two for starters

"Someone may have tried to book a table for two, but due to limitations on seating, they may have been turned away."



"Another larger party may have tried to book, but may have been two short because OP booking 10 so decided to take their custom elsewhere."

So you're saying that at Christmas time restaurants are unlikely to get fully booked?

Okay then.

Hermione_Granger

arcon5 wrote: »

Oh please, no judge in the land would award loss of profit like this where the meals hadn't been prepared.

Why are you so sure about that?
http://www.morningadvertiser.co.uk/Running-your-pub/Training/Tables-turned-on-restaurant-no-shows


It might well be extremely rare but in the end it still comes down to a breach of contract by the person who made the booking.

Poppie68

arcon5 wrote: »

These two for starters

"Someone may have tried to book a table for two, but due to limitations on seating, they may have been turned away."



"Another larger party may have tried to book, but may have been two short because OP booking 10 so decided to take their custom elsewhere."

Christmas is the time of year were it is highly likely... Lots of people struggle to get into restaurants over this period.

Poppie68

Hermione_Granger wrote: »

Why are you so sure about that?
http://www.morningadvertiser.co.uk/Running-your-pub/Training/Tables-turned-on-restaurant-no-shows


It might well be extremely rare but in the end it still comes down to a breach of contract by the person who made the booking.

If restaurants had no shows on a nightly or weekly basis then it's obviously going to effect the profits so it's good to see they have a comeback.

hcb42

If there was pre-orders, and food was part prepped (bearing in mind the huge demand at this time, there would have been some for sure and there will be a loss)

I would take the advice and always get full payment up front also.

That said, it should be in the terms and conditions to make that clear.