Business imposes additional costs after price is agreed

km1500

you have a contract with the dog kennel and the law of contract applies

the first thing to check is are there any terms and conditions allowing them to increase the price at any time or indeed cancel the contract without penalty.

in the absence of these then if they do cancel the contract by for example  charging a higher price then you will be entitled to sue for your financial losses which in this case would be £30 as they have agreed to look after the dog for £30 more

the_lunatic_is_in_my_head

ArbitraryRandom said:

You'd think, but the quote is competitive and the standard of work (that he's done previously) is excellent, so I think it's fair, especially given I have the option of buying the materials myself if I think the risk of the price going up between now and then is too high - plus when I checked I couldn't buy/get delivered what was needed commercially for the price he quotes  (and has charged for other jobs) via his trade contacts  

Essentially I guess what I'm saying is the same as I said to the OP at the start - if I'm happy with his work for the price and want to keep using him for other jobs then sometimes there needs to be some pragmatic flexibility vs 'principle' of if a contract is strictly enforceable. 

With tradespeople and kennels the trader is in a good position, it's hard to find people you can trust to work on your house or look after your dog so as you say being flexible ultimately benefits you, rather than cutting your nose off to spite you face over such a small amount.  

Although if I were the OP it would make me wonder if there was another kennel nearby that does just as good a job for a similar price... 

spendthrift33

Is it the welfare of your pets or the thirty quid that's bugging you . . .?

Their costs have risen. Do you want a lesser service for your pets because you want to argue a 10% rise in over a year when inflation's been drifting around the 9's on average. . .?

Has your shopping bill gone up? Have fuel prices increased ? My bag of dog food was £25 and now it's £30 and the person who is sitting at the till is paying more to feed his/her family so is probably demanding a pay rise . . .

Principles are great. . . but it seems you're not in the driving seat here and you've already spoilt your holiday worrying about the extra 30 quid to house your mutts . . .

Remember, if the service supplier wants then he/she are well within their rights to withdraw the service and fully refund you at any time. . . imagine if they did that the day before your departure . . . who needs who the most when it's child / pet / elderly care . . .? 

Oh, caring for the elderly . . . now there's a financial debate that's worth discussing . . .

PHK

I think we're over complicating things. 

Either the contract says they can increase charges (in which case the OP has no complaint) or it doesn't (in which case the OP is entitled to a refund, which they've offered)

It's now really the OPs choice. Is £30 worth the fuss of making another booking elsewhere? And if is will the new place be the same price.

Personally, if I'd used the original business before, was happy with them and believed their explanation then I'd just go ahead. 

the_lunatic_is_in_my_head

spendthrift33 said:

Remember, if the service supplier wants then he/she are well within their rights to withdraw the service and fully refund you at any time.

It depends what you mean by "rights".

The OP paid a £160 non-refundable deposit, if the contract is fair then the kennel would have to pay OP £160 if they cancel (in addition to refunding the deposit).

If the contract states they will do so and £160 is a true representation of the kennel's costs or loss of profit (whilst considering seeking another customer) then the contract is balanced and it is what it is.

If the contract doesn't state they will pay £160 in the event the kennel cancels then it's unbalanced, the term about the £160 deposit being non-refundable is void and in the event either side cancels the ordinary position applies (costs or loss of profit). 

Equally if the £160 is excessive compared to costs/loss of profit the unfair terms section of the CRA comes into play, again voiding the term and the ordinary position applies.

Given this was a booking 16 months in advance and a good kennel would likely find another customer it's likely the term is unfair, to be fair something like a sliding scale that increases closer to the booking would more likely be fair. 

Businesses have a choice to limit their liability in the event they cancel but most prefer to tie the consumer to the contract which is fine as long as it's fair and balanced. 

It's interesting that many seem to accept the idea that the business is permitted to set it's terms to allow them flexibility whilst expecting the customer to be rigid despite the CRA, which has been in place for 8 years, stipulating consumer contracts require balance. 

sheramber

How many days does the £30 cover?If for a week that is £4 a day. If longer it is even less a day. I would happily pay that to know my pet/s were well cared for rather that the service had to be reduced due to increased costs. 

DullGreyGuy

km1500 said:

in the absence of these then if they do cancel the contract by for example  charging a higher price then you will be entitled to sue for your financial losses which in this case would be £30 as they have agreed to look after the dog for £30 more

What's your logic that there losses are £30?

If the OP refuses to pay the extra £30 so the contract is cancelled and a refund of deposit given then they have lost nothing. There is an argument that if they book elsewhere and its more expensive than the original booking that the delta could be a financial loss but then you also get into arguments over if it was a like for like booking - dates alone doesn't make it the same. 

It could well be the OP has chosen the 5* option already and the rebooking elsewhere comes out cheaper and so then arguably there is a gain not a loss. 

To me there is a value in knowing a place treats my animal well and whilst an extra £30 is a pain its also somewhat understandable in these climates... I'd say early booking more guarantees a place rather than a low price personally. If you agree to pay the extra there then are arguments that you've accepted the variation of terms. 

outtatune

Maybe the kennels would be prepared to comprimise by offering £30 off a future booking if the OP pays the extra £30 for this one?

RefluentBeans

I think this has had mountain made out of a mole hill. Taking away the dog welfare issue (as putting a price on taking care of a dog is emotive, and unproductive). 

I don’t think the company can force you to take the £30 increase - but they can offer the out of cancelling the contract. Almost all contracts will have some clause that says they can change the price of the service at any time, as long as they give you X weeks notice and an opportunity to exit the contract without penalty. If that’s not in there, then you are well in your rights to demand the service at the agreed price. 

Assuming the kennels don’t have that clause, then it comes down to an enforcement of your rights issue. You can tell them (ideally through written communications) that you feel that this is against the contract agreed and that whilst you appreciate them offering a full refund, you would like the original agreement to be upheld. 

At that point I’d imagine theyd roll their eyes and say fine. Of course they may say no. Then you’d have to claim back through the courts. If you chose to go somewhere else then you’d have to show it’s the same quality of service - potentially even down to the square footage of the pens; the activities (walks etc) that the dog would be doing; and the quality of food. It has to be as close to the original kennels as reasonably possible. You may be able ti claim the difference between the original booking and the new booking (at the same place or an equivalent kennels) but it’s sort of hard to dice roll. It will also depend how long the stay in the kennels is for - 2 days would lead to £15/day more - quite a lot. 10 days would be £3/day more - less substantial. 

In the kennels favour, based on the figures in the OP - this is a less than 10% difference - so could be argued it’s in line with the known cost of business going up (especially so for small businesses). They’ve also offered to nullify the contract - which means you can get s full refund. The latter especially is very good. 

The other thing I would say is that this all comes to how much effort (and time/stress) £30 is worth to you/if you’re willing to never do business with that kennel again. If you sue a business they are in their right to refuse to do business with you in the future; so I guess it’s if you feel it’s worth it to never use those kennels again. 

Arunmor

With inflation the way it is, then I don't think it's unreasonable but then again most transactions like this where I come from in Scotland there will be no contract and it will be settled with a handshake or a nod of the head.