Party bus booking cancellation FULL PAYMENT... URGENT!!

shott92

so at the end of April this year I booked for a party bus for my partners birthday, over the phone, there was about 20 people who originally said they could make it, and was each going to pay a share of the hire. I paid a 25% deposit a few weeks later
however people started pulling out and this began to become expensive, so I rang the company to tell them I no longer wanted the service and that I accept I will lose the 25% deposit but disputed the fact I should be charged the rest of the money due to cancelling within 30 days of the booked date.
There was no date made clear to me during booking and there are no T&C's on the website nothing to make it clear there was any way they could charge me more than my deposit for cancellation.
They have said to me they already have my card detail and will take the money anyway, and if I was to try to block the payment they would start legal proceedings and hire debt collectors.


Since the number of people dropped when I asked people to help out by paying extra there was mixed responses but it has made it not only not worth while booking a 24 person party bus for 8 people but made the cost I have to incur unaffordable.


Please help I'm really unsure what to do.
Thank you very much

marliepanda

You contracted for a service and you are the one breaking the contract.

They need to try and resell the bus for that date but depending on how long before the date you booked you cancelled depends on how possible that is and for how much they can resell it for.

You say you cancelled 'within 30 days of the booked date' do you mean it was less than 30 days SINCE you booked and less than 30 days til the day the bus was hired?

There is no automatic '30 days' thing unless it was in the contract, and you say it wasn't

Andypandyboy

If it was within 30 days I think full payment would be reasonable but you do have to have agreed to that.. Ask them to send you a copy of the terms and point you to where it can be found on their website.

bris

Andypandyboy wrote: »

If it was within 30 days I think full payment would be reasonable but you do have to have agreed to that.. Ask them to send you a copy of the terms and point you to where it can be found on their website.

Whats terms need to be supplied to them?


They made a contract, they break the contract, that has financial penalties up to the full cost. The company now need to try and mitigate the losses but that's it.


The terms are in this case simple, ill take the bus on x date, heres a 25% deposit., certainly sir I accept your offer. That's it and that's all their needs to be.

shott92

so yes like I said I booked at the end of April, paid the deposit at the beginning of may and rang to enquire cancelling on the 24th of June (15 days prior to the date the bus was booked for). the party is booked for the 9th of July
and I assumed that this is what a deposit is for, isn't the point of a non refundable deposit to ensure fairness on both sides? they have 25% of their money for doing nothing, and could be rebooked, its not like its loss of business if they previously had people wanting these date they would keep the 25% and ring them and accept their booking. hence why they have tried coercing and threating (in a single conversation might I add) to start legal action, I never even mentioned trying not to pay at this point. I was quite taken back by their attitude I assume it must happen often to them but still no need for the way they treat me.
also there was no contract no agreement, and no terms and conditions, they took my money and wrote in a diary or whatever the date and location, that is all the information that we exchanged I didn't ask about cancelation policy as I didn't think it would be required but they also never told me any details on cancelation process until I rang to cancel. my assumption as I think is reasonable is that I lose the deposit.
but I don't know where a stand from a legal stand point, can I ignore them? and if they take me to court will I win or do I have to pay and face the fact its a costly lesson?

marliepanda

15 days does not leave a lot of time to resell the date.

As the 9th of July is still ahead of us, you could get friends to check and see availability to see if they have managed to resell the date.

If they have, then they cannot take full payment, but they may have had to resell at a discount caused by you cancelling.

You cannot impose your own interpretation of the terms. The deposit is not for what YOU think it is for, and its not to protect them from no shows. Theyre still 75% of the money down.

Using your logic you would cancel the day before bu they still have the 25% and all is fine.

There IS a contract. You paid 25% for the use of the bus on that date.
If theres no contract,and you wanted the bus still would you be happy if on the 9th July they didnt let you use a bus and kept your money?

No. Because you DO have a contract. And legally you owe them the money you agreed to pay, minus what they manage to resell the bus for. If they dont resell the bus, you owe the full amount and may as well take up the service

shott92

exactly if I wouldn't be happy if they kept my money and didn't show then why would I be happy giving them my money when if I wasn't going to show? so if you turn up for work on a day you are told not to work you cant then ask for the money can you. and that's what this is by my logic don't come to work on the 9th your not needed, here is some money for your troubles...
looking at holiday and flight cancelations the T&Cs are a lot fairer usually an admin charge and a percentage of fee, (clearly nothing in law though as it differs from company to company)
Either way I CBA with the agro of courts and bailiffs, if they was to get them involved so I guess ill take this as an expensive lesson to never book anything and just turn up on the day (jking btw I gather some of you take things a little too serious) (jking... I see where this is going)

marliepanda

Your logic and examples make no sense.

You don't turn up, you break the contract. There is a contract.

If you turn up for work in the wrong day there is no contract. If there is a contract for work on the 9th they have to pay you. In fact employment contracts for casual and shift workers often have it in their contracts that you may get 50% pay if shifts are cancelled Late notice.

Random nonsensical examples don't help your case

Andypandyboy

bris wrote: »

Whats terms need to be supplied to them?


They made a contract, they break the contract, that has financial penalties up to the full cost. The company now need to try and mitigate the losses but that's it.


The terms are in this case simple, ill take the bus on x date, heres a 25% deposit., certainly sir I accept your offer. That's it and that's all their needs to be.

The terms applicable to cancellation.

Like this:
http://www.partybus.co.uk/terms/


3.3 If the Buyer cancels its request for Services less than 21 days before the date agreed for provision of the Services, the Seller shall have the right to charge the Buyer an amount to cover any reasonable losses and costs the Seller has suffered because of the cancellation. If the Seller receives another booking to replace the Buyer’s cancelled request for services, the Seller shall repay the Buyer in full less an amount to cover its costs associated with the new booking and any shortfall in the booking price.
3.4 A Buyer who cancels a booking prior to the 21st day before the date agreed for provision of the Services shall be refunded the Price less any administration costs.

marliepanda

Andypandyboy wrote: »

The terms applicable to cancellation.

Like this:
http://www.partybus.co.uk/terms/


3.3 If the Buyer cancels its request for Services less than 21 days before the date agreed for provision of the Services, the Seller shall have the right to charge the Buyer an amount to cover any reasonable losses and costs the Seller has suffered because of the cancellation. If the Seller receives another booking to replace the Buyer’s cancelled request for services, the Seller shall repay the Buyer in full less an amount to cover its costs associated with the new booking and any shortfall in the booking price.
3.4 A Buyer who cancels a booking prior to the 21st day before the date agreed for provision of the Services shall be refunded the Price less any administration costs.

If this is indeed the site they used then they were beyond the 21 days.

If not, then irrelevant, 15 days is not reasonable notice to cancel for a full refund.

unholyangel

OP did you receive any contractual information from them at all?

They have obligations to provide certain information to you before you become bound by the contract and have to provide confirmation of that information on a durable medium - its also for them to prove they have complied with these provisions of the consumer contract act.

Now normally contracts for the provision of transport services to be carried out on a specific date would be exempt from the right to cancel, but given they don't seem to have complied with the CCRs at all, you may have some wiggle room here.