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Booked a stall, got cancelled, refusing refund.

stallholder_43
stallholder_43 Posts: 1 Newbie
edited 12 December 2024 pm31 2:47PM in Small biz MoneySaving
Hi, 

I had no idea where to put this but I'm hoping someone can help me figure out where I stand. 

I booked and paid in full to have a craft stall at a local event, it's a large event usually over 5k visitors. 

The event was cancelled due to the recent storm. The event organisers have refused to refund the stall holders. The terms and conditions do state no refund will be given regardless of reason, whether we cancel or they do. 

I also hired a gazebo from them, obviously did not receive said gazebo for the day, they are also refusing to refund that. 

Where do I stand with this? 

Technically I did not sign anything just ticked a box on the screen when first enquiring about having the stall back in August. 

Can they keep my money? I wondered if I could take them to small claims? 

Thank you. 

Comments

  • Would hope that the organisers would have some insurance in place to cover a cancellation like this
  • marcia_
    marcia_ Posts: 2,981 Forumite
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     I would be sending a letter before action given it wasn't you that cancelled 
  • DE_612183
    DE_612183 Posts: 3,125 Forumite
    Part of the Furniture 1,000 Posts Photogenic Name Dropper
    It could be that the organisers have loads of overheads that they won't get money back for - hire of a hall, advertising etc - perhaps tat are not in a position to provide refunds
  • fatbelly
    fatbelly Posts: 22,150 Forumite
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    I agree. Letter before claim, followed by an MCOL claim if they don't cough up.
  • Mistral001
    Mistral001 Posts: 5,397 Forumite
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    edited 5 January pm31 10:51PM
    I doubt if the clause in the contract that says they can cancel without giving any reason without a refund is a valid clause in law.  As far as I can see, they are making more profit out of cancelling the event, than holding it.  They can keep that part of the fee, which was used up for setting the event up, but for that part that was not spent on anything, such as on the day costs, staff and cleaning up, etc I think they have to refund it.  
  • saajan_12
    saajan_12 Posts: 4,478 Forumite
    Part of the Furniture 1,000 Posts Name Dropper Combo Breaker
    The event was cancelled due to the recent storm. The event organisers have refused to refund the stall holders. The terms and conditions do state no refund will be given regardless of reason, whether we cancel or they do. 


    Well why did you agree to a contract which had such a one sided clause? 

    There's no consumer rights here but as a standard contract, I see you have two potential arguments.. 
    1) The contract was frustrated as it was not reasonably possible to hold an event and provide the gazebo in a storm. So the money goes back. 
    2) The term about no refunds even if they cancel is arguably unfair, as they could just take money and then cancel with no intention of actually holding the event. It might be more fair if they offered stalls at a rescheduled date for example. 

    Neither are a sure fire, but worth a try - initially via a letter before action, and then see if its worth pursuing further. However the easiest way to avoid this sort of thing is to read contracts before paying and avoid or question it ahead of time if they have something so biased. 
  • Flugelhorn
    Flugelhorn Posts: 6,718 Forumite
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    this "contract" would allow all sorts of shenanigans - saw some posts a few months on FB offering stalls at a fair - there were some comments from potential visitors to the fair that they hadn't realised that there was going to be one in that venue etc etc - then others mentioning that it was a scam and the event didn't exist.

    certainly someone could organise one and cancel if not enough people, they fancied doing something else, the planets weren't aligned correctly etc and make off with the profit 
  • Bookworm105
    Bookworm105 Posts: 1,737 Forumite
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    I agree with those who view this as a business to business legal case revolving around whether the contract has been legally "frustrated" and therefore the contract is nullified and so (full) refund due. 

  • edels
    edels Posts: 20 Forumite
    10 Posts
     If you are unable to resolve the issue with the event organizers through direct communication, you can consider taking the case to small claims court.
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