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Loss of earnings

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Afternoon....
I recently started a new therapy business and took out a 3 month agreement with a small business centre for a room one day per week. I have very specific needs for my room and the agreement is for the same room each week. Today, I had clients booked in but when I turned up the room was in use by someone else. The upshot is that I ended up in a hall and had to cut one client short by 50% and had to cancel another 3 hours worth of work. 
I complained to the receptionist and was told that the manager was still 'on her way in'(the same status as I was told one hour prior). 
The manager has declared herself too busy to speak to me today, despite my requests for her to call. Practicing only one full day a week, I have lost earnings and look an idiot for having to cancel my clients literally 30 mins before they are due. 
A couple of weeks ago I gave them my notice (2 months) due to the space not being what I wanted. I feel that because of this, the manager has no interest in being professional with me. 
Is there anything I can do here?

Comments

  • Sandtree
    Sandtree Posts: 10,628 Forumite
    10,000 Posts Fourth Anniversary Name Dropper
    As a B2B transaction your contact will almost certainly be the rules both parties must follow, you wont have statutory rights that overrule the contract. 

    So what does your contract state about liability and damages? What does the contract say about you getting the identical room?
  • Sandtree said:
    As a B2B transaction your contact will almost certainly be the rules both parties must follow, you wont have statutory rights that overrule the contract. 

    So what does your contract state about liability and damages? What does the contract say about you getting the identical room?
    Thanks for replying. So the contract states 'XXX reserves the right to change the room allocated for a session, or to offer an equivalent alternative room elsewhere if necessary but shall endeavour to discuss such changes prior to a session'

    I wasn't offered a room - it was a yoga hall and is completely inappropriate for my needs. 

    'XXX reserves the right, during renovation work, or for other unforeseen circumstances, to change the Licensee’s room(s), day/time or to cancel a session(s) by giving the Licensee a minimum of four days’ notice where possible. In the case of a cancelled session(s), the Licensee will be reimbursed the cost of the room for that time.'

  • Sandtree
    Sandtree Posts: 10,628 Forumite
    10,000 Posts Fourth Anniversary Name Dropper
    Sandtree said:
    As a B2B transaction your contact will almost certainly be the rules both parties must follow, you wont have statutory rights that overrule the contract. 

    So what does your contract state about liability and damages? What does the contract say about you getting the identical room?
    Thanks for replying. So the contract states 'XXX reserves the right to change the room allocated for a session, or to offer an equivalent alternative room elsewhere if necessary but shall endeavour to discuss such changes prior to a session'

    I wasn't offered a room - it was a yoga hall and is completely inappropriate for my needs. 
    A yoga hall sounds like a room to me? 

    The terms doesn't say the room has to be in any way "appropriate" and so the doesn't sound like they broke their contract with you. If you had special needs then you should have put that into the contract as part of this clause.


    You'd also need to look at the liability clauses which is almost certainly capped at whatever you paid for the session.
  • Mistral001
    Mistral001 Posts: 5,424 Forumite
    Part of the Furniture 1,000 Posts Name Dropper I've been Money Tipped!
    I agree that the fact that they gave you an alternative, you do not have much of a case.  You might have a chance of getting a rebate for three hours rent as a good will gesture.   
  • Jeremy535897
    Jeremy535897 Posts: 10,732 Forumite
    10,000 Posts Fifth Anniversary Photogenic Name Dropper
    I suspect that the amounts involved mean that the strict legal position is not going to matter, because it won't be worth your while. Nor is there likely to be any goodwill where notice has been given. What you need to do is speak to the manager and see whether there is any way you can be sure that you will get an appropriate room for the few weeks remaining.
  • lincroft1710
    lincroft1710 Posts: 18,862 Forumite
    Part of the Furniture 10,000 Posts Photogenic Name Dropper
    Agree with Sandtree and Mistral, you do not have much of a case
    If you are querying your Council Tax band would you please state whether you are in England, Scotland or Wales
  • Shame but guess it's no surprise. The yoga hall isn't an equivalent alternative - I need a couch for my clients and a quiet room. Anyway, cheers for the replies
  • Sandtree
    Sandtree Posts: 10,628 Forumite
    10,000 Posts Fourth Anniversary Name Dropper
    Shame but guess it's no surprise. The yoga hall isn't an equivalent alternative - I need a couch for my clients and a quiet room. Anyway, cheers for the replies
    Hind site is always a wonderful thing but this is why when you read the contract and saw that first clause you should have negotiated and inserted "to an alternative room suitable for Client" at an absolute minimum and better still would have been wording that defined exactly what is a suitable alternative. If they dont accept the rewording then you have to be prepared for being given a yoga hall or go to somewhere that will guarantee your room time.


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