Can council charge full fee for cancelling unconfirmed booking?

sheramber

EugeneB wrote: »

Well, Notice have been given on the same date (and paid for separately), relevant text from the 'contract' (although it looked more like an informational page since there was nowhere to sign it):

So, you paid the £70 fee,

What is the payment they now want you to pay?

custardy

EugeneB wrote: »

I originally made this 'unconfirmed' booking on 13 October, but I don't follow, what is the logic with overlapping?

I dont get the unconfirmed.
You booked it.

EugeneB

sheramber wrote: »

So, you paid the £70 fee,

What is the payment they now want you to pay?

There is a separate ceremony fee.

Regardless, today I pointed out them at the ambiguity in their wording and they are correcting it going forward and agreed to cancel this for free now.

stuartJo1989

EugeneB wrote: »

There is a separate ceremony fee.

Regardless, today I pointed out them at the ambiguity in their wording and they are correcting it going forward and agreed to cancel this for free now.

Awesome result in the end!

Although I would strongly recommend that you clarify Ts and Cs BEFORE signing up for anything in the future Were it not for the ambiguity of them here, it is very likely that you would have been liable for the full amount and be facing a possible CCJ etc if you refused to pay.

unholyangel

Probably wouldn't have been upheld anyway.

Their terms indicate they didn't intend to be bound until payment had been made. You can't have a contract where only 1 party is bound.

stuartJo1989

unholyangel wrote: »

Probably wouldn't have been upheld anyway.

Their terms indicate they didn't intend to be bound until payment had been made. You can't have a contract where only 1 party is bound.

Not that it is relevant any more, but does this also mean that the venue could have effectively cancelled it on the day?

NineDeuce

Shouldnt have got married. That is the real unwarranted cost in this story.

pinkshoes

EugeneB wrote: »

I originally made this 'unconfirmed' booking on 13 October, but I don't follow, what is the logic with overlapping?

Wedding dates can only be 'sold' within a certain time period before the wedding takes place due to the announcement that needs to be made and time given for anyone to object. (Banns??)

I read the contract as you can cancel or it will be cancelled if you do not pay within 15 days, but if that 15 days then overlaps the 16 days before the wedding date, then second part of the contract comes into play e.g. No cancelling within 16 days to go.

I got married within 30 days of deciding to get married! When we booked the registry office it was in the T&Cs it was too late to cancel at this point once we had reserved it, as it would be too late for the above reasons to be sold to anyone else.

(Ours was a Saturday in August, so no doubt a late cancellation!!)

unholyangel

stuartJo1989 wrote: »

Not that it is relevant any more, but does this also mean that the venue could have effectively cancelled it on the day?

When discussing elements of a legally binding contract, its often whittled down to offer + acceptance = contract but theres actually more to it than that.

Offer, acceptance, terms of the acceptance need to exactly match that of the offer, acceptance needs to be communicated to the offeror, agreement must be certain, intent to be legally bound, they must have capacity to contract etc.

If any of those requirements are missing, you do not have a legally binding contract.

Having a term which says they can resell the date and your booking wont be confirmed until payment is made means they do not intend to be bound until payment is made. In which case, no payment = no contract. Obviously if there is no contract then technically there would be nothing to cancel.

stuartJo1989

unholyangel wrote: »

When discussing elements of a legally binding contract, its often whittled down to offer + acceptance = contract but theres actually more to it than that.

Offer, acceptance, terms of the acceptance need to exactly match that of the offer, acceptance needs to be communicated to the offeror, agreement must be certain, intent to be legally bound, they must have capacity to contract etc.

If any of those requirements are missing, you do not have a legally binding contract.

Having a term which says they can resell the date and your booking wont be confirmed until payment is made means they do not intend to be bound until payment is made. In which case, no payment = no contract. Obviously if there is no contract then technically there would be nothing to cancel.

Very insightful!

But I just really wanted a yes/no!

Seems like, had this whole situation not arisen, OP would have turned up on the correct day and fully expected the service. Sounds like the venue would have been legally allowed to turn round to OP on the day and tell them it was cancelled by virtue of the same Ts and Cs they are using here.

If so, I would caution OP on being a bit more careful with future bookings so as to avoid the possibility of an "unconfirmed" booking being cancelled without notification.