Reasonable Cancellation Charges

Sebo027

A friend of mine booked a hair and make up appointment, and paid a non-refundable deposit to secure the date in question, which was about 20% of the total fee. 

Upon meeting the make up artist and completing a "make up trial" - which was paid for at additional cost - she decided not to proceed with the original booking and cancelled the appointment 4 weeks from the planned date.

The vendor is now requesting the outstanding balance and threatening action via small claims court.

Is their request to be paid in full for services that they are no longer required for considered, "unfair", or "unreasonable" under below guidance? 

https://www.gov.uk/government/publications/cancelling-goods-or-services-guide-for-consumers/cancelling-goods-or-services

elsien

Other than losing the deposit, what were the terms and conditions that she signed up to with regards to the final appointment? 

Will the business be able to fill her appointment in the meantime - was it something special such as a wedding, for example? 

Sebo027

elsien said:

Other than losing the deposit, what were the terms and conditions that she signed up to with regards to the final appointment? 

Terms and conditions state that cancellations up to three months prior must pay the outstanding balance. 

elsien said:

Will the business be able to fill her appointment in the meantime - was it something special such as a wedding, for example? 

It was for a wedding yes. Regarding ability to fill the appointment, I'm not sure. Not impossible but if I would guess unlikely to pick up another wedding with 5 weeks to go. On the flip side, the vendor is available for other work should it arise. 

During their first appointment, the vendor also communicated they would expect to stay at or nearby the wedding venue the night before. My friend was expected to pay this (including but not limited to travel, accommodation, refreshments etc.) which it turns out was not covered under the original fee provided. 

ThumbRemote

This seems to be a straightforward breach of contract. I suspect that your friend is liable for the amount owed, less anything the make-up artist no longer has to provide (ie it would be reasonable to make a deduction for the cost of travel and make-up which they no longer have to provide). 

That said, they may be best to leave it and see if the make-up artist does take it to court, then pay up only when they receive the court papers. 

Sebo027

ThumbRemote said:

This seems to be a straightforward breach of contract. I suspect that your friend is liable for the amount owed, less anything the make-up artist no longer has to provide (ie it would be reasonable to make a deduction for the cost of travel and make-up which they no longer have to provide). 

That said, they may be best to leave it and see if the make-up artist does take it to court, then pay up only when they receive the court papers. 

Is that correct i.e. all the matters?

Ref quotes below from the competition and markets authority:

Are you a consumer who has:

• agreed to buy goods or services, but changed your mind or are unable to go ahead with the contract?
• been asked to pay a cancellation charge to the business, but want to challenge the amount?
• lost your deposit or advance payments, and want to get them back from the business?

The business may be asking for more money than it is entitled to. Just because it’s in the contract doesn’t mean it’s always legally binding. Businesses cannot rely on unfair terms. Check your consumer rights.

And also:

If you cancel the contract, the business is generally only entitled to keep or receive an amount sufficient to cover their actual losses that directly result from your cancellation (eg costs already incurred or loss of profit).

Businesses must take reasonable steps to reduce their losses (eg by re-selling the goods or services).

Non-refundable deposits should only be a small percentage of the total price.

Cancellation charges must be a genuine estimate of the business’ direct loss.

elsien

If they can’t get work to cover the appointment in the meantime then they do have genuine losses. 

It’s too early for them to be claiming the full amount but potentially it could still be due. 

Ergates

They also have a responsibility to minimise losses - in this case that means they have a responsibility to fill the appointment that was cancelled.

F1shyFingers

elsien said:

If they can’t get work to cover the appointment in the meantime then they do have genuine losses. 

It’s too early for them to be claiming the full amount but potentially it could still be due. 

I'd disagree here.  If they've had to turn down business on those dates perhaps, but I don't think there're automatically deserved compensation because the service was cancelled.

the_lunatic_is_in_my_head

Sebo027 said:

A friend of mine booked a hair and make up appointment, and paid a non-refundable deposit to secure the date in question, which was about 20% of the total fee. 

Upon meeting the make up artist and completing a "make up trial" - which was paid for at additional cost - she decided not to proceed with the original booking and cancelled the appointment 4 weeks from the planned date.

The vendor is now requesting the outstanding balance and threatening action via small claims court.

Is their request to be paid in full for services that they are no longer required for considered, "unfair", or "unreasonable" under below guidance? 

https://www.gov.uk/government/publications/cancelling-goods-or-services-guide-for-consumers/cancelling-goods-or-services

How was this booking made exactly? If at a distance (over the internet, by phone or messages) it would be a distance contract, if the trader visited and a contract was agreed there and then it would be an off premises.

Can you advise this and also post the full terms and conditions that were received. 

Although I do wonder if hair and make up might be classed as a leisure activity, possibly a grey area.