Company refusing to refund fee for trade show stand which is now a "digital event"

skaart

Back in Jan my micro business paid £2750 + VAT for a stand at a trade show due to take place 1st April. the terms were clearly laid out as a 3x2m stand, fasica board and so on, along with a handful of extras. 

Unsurprisingly, the show was postponed (to Sept). They have now stated that they event will now take place "digitally". I have argued that this is in breach of the original terms of the contract, and would like a full refund. 

They have refused, and are relying on a clause which reads....

 17. Liability
Whilst the Exhibition Organisers will endeavour to protect exhibition property whilst on display at the Exhibition, it must be clearly understood that the management of the Premises and the Exhibition Organisers cannot accept liability for any loss or damage sustained or occasioned from any cause whatsoever.E xhibitors will be responsible for all damage to property and for any loss or injury caused by them or their agents or employees and will indemnify the Exhibition Organisers against all claims and expenses arising there from. In the event of it being necessary for any reason whatsoever for the Exhibition to be abandoned, postponed or altered in any way in whole or in part, or if the Exhibition Organisers find it necessary to change the date of the Exhibition, the Exhibition Organisers shall not be liable for any loss which the Exhibitor or exhibition contractors may incur owing to the intervention of any authority which prevents or restricts the use of the Premises or any part thereof in any manner whatsoever. In the event of XXXXXXXX  making the sole decision to cancel the event, we will reimburse direct revenues paid by you directly to XXXXXXXX Ltd

To me, this seems that this absolves them of any resultant costs to me due to their changing toe event, but not to the fee paid for the event itself, which they are unable to deliver as outlined in the agreement. I dont think any reasonable person could argue that the digital version of the event is in any way a viable substitute for hat i paid for. 

The also rely on: 

20. The Exhibition Organisers reserve the right to add to or amend the foregoing rules and regulations for the purpose of compliance with any statutory provision or in the interest of good conference management. Any such amendment or alteration will be binding on an Exhibitor provided the terms of such alterations or additions are intimated to the Exhibitor in writing by the Exhibition Organisers. 

On the surface this seems. bamboozle me into thinking they can make any change they like, but surely they cant twist the product out of all recognition and deliver that instead?

They have offered me to make use of the digital trade show and take a 75% credit on a future event. (thereby undermining theuir claim in the agreement that "the overall package will retain the sae value and no refund will apply ")   

 Furthermore.  since they are unable to prove that this future event will or could ever take place with the crisis and restrictions ongoing,, or that their company will still exist to honour the agreement by then, this is worthless to me. I think the original contract has been frustrated to such a degree that no amount of get out clauses can rescue them. 

Am i right? do i have precedent here? are there any laws or phrases i can use to back up my position? Any help greatly appreciated during this stressful and difficult time. 

I can upload the full redacted contract if this is useful. 

Much obliged for any help you can offer. 

Kind regagrds to you all

DC

the_lunatic_is_in_my_head

Letter before action and small claims would be my advice.

As you mention, their clause 17 is clearly related to any extra loses you may suffer rather than their fees. Clause 20 refers to rules and regulations but, in my limited capacity, I don't see how that covers completely changing the event. 

If you paid by card I'd contract your card provider as well to see if they can offer any help. 

DoaM

 Bear in mind that you have no Consumer rights here ... this was a b2b transaction. Section 75 of the CCA 1974 may apply (if you paid by credit card) but I'd suggest you have a read of the Act.

skaart

DoaM said:

 Bear in mind that you have no Consumer rights here ... this was a b2b transaction. Section 75 of the CCA 1974 may apply (if you paid by credit card) but I'd suggest you have a read of the Act.

Thanks and understood. Is there a more relevant part of the forum or another place i might redirect this for more specific b2b advice? This seemed the best place for it, i did not realise it was no longer consumer rights as it is b2b. Thanks. 

Manxman_in_exile

If you are a business (ie you make money out of your activities) what does your solicitor say?  You do retain one for when you need legal advice - like here?

EDIT:  When you are in business, the law basically presumes that you know what you are doing and that you agree to all* the T&Cs of any contracts you enter into.  You do not get the same protection and rights that a consumer would.  If you want to stay in business this is one of the areas you need to educate yourself in

*That's not strictly true, but if you carefully examine every contract you want to enter into, and you don't like any of the T&Cs, negotiate something different.  If the other side won't negotiate, ask yourself if you want to be held to those T&Cs.

Spank

As he has a "micro business" i doubt it somehow.

JJ_Egan

Small business user forum is what to look for .

skaart

JJ_Egan said:

Small business user forum is what to look for .

this one? Forum Home» Small Biz & Charities' MoneySaving