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Loss of earnings
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steveinhants
Posts: 40 Forumite


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?
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?
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Comments
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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?0 -
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?
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.'
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steveinhants said: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?
I wasn't offered a room - it was a yoga hall and is completely inappropriate for my needs.
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.0 -
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.0
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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.0
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Agree with Sandtree and Mistral, you do not have much of a caseIf you are querying your Council Tax band would you please state whether you are in England, Scotland or Wales0
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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 replies0
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steveinhants said: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
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