REFUND from Silver Service Singers

JRSunflower

Has anyone had any dealings with the Silver Service Singers??  I booked their services for my sons wedding and was pushed to pay in full but my son has changed his mind and does not want them to attend his wedding.  We have given them 3 months notice and asked for a full refund but they will will oblige.  If I had paid a deposit only, I understand that I would not be refunded BUT I was pushed to pay in full so I did and now they wont refund.  Any ideas how this can be resolved??

Wonka_2

What does the contract/agreement say regarding cancellation ? 

Without knowing that unless someone’s been in the same position with the same company anything is going to be supposition 

But assuming it’s these guys https://silverservicesingers.com/terms-conditions/ then 

a) did you take out cancellation insurance
b) why did you pay in full more than the requested 30 days in advance ? 

Hoenir

JRSunflower said:

 Any ideas how this can be resolved??

They are able to obtain alternative booking for their services. Weddings are generally planned months in advance. If it's living not that easy to suddenly source work. No doubt having declined other enquiries once you booked them up. 

Aylesbury_Duck

What does your contract say?

In principle, they aren't allowed to "profit" from your cancellation, so if they can get another booking of equal or more value, they haven't lost out and should only retain a reasonable sum to cover their costs of being mucked around.

If they're unable to get a replacement booking of at least the same value, they can retain more.

JRSunflower

Yes, its them and I was pushed to pay in full and not pay just the deposit and I didn't think it would not go ahead so did not take out cancellation insurance.  They certainly didn't offer any cancellation insurance.  I have also heard that the people I booked with are no longer the owners, this being due to some trading trouble and the singers not showing up at weddings booked and refusing to refund. But I have no way on knowing that for sure, unless someone knows how I can find that information out, and of course the guy I booked with is no longer with the company.  As I mentioned above I would be happy to pay them the deposit amount but I am now happy to be loosing the full amount of £1200.00.   

DullGreyGuy

Aylesbury_Duck said:

In principle, they aren't allowed to "profit" from your cancellation, so if they can get another booking of equal or more value, they haven't lost out and should only retain a reasonable sum to cover their costs of being mucked around.

If they're unable to get a replacement booking of at least the same value, they can retain more.

What do you mean "profit"? 

Fully agree that if they resell the slot for the same amount or more then they can only retain the cost of sale plus reasonable administration expenses and not the whole lot as that would be undue enrichment. 

Slightly concerned by the use of profit though as if they are unable to resell they are entitled to be in the same financial position as if the contract hadn't been broken which does include any profit aspect. In principle it should be price originally agreed less any expenses saved by not having to perform plus cost of any reselling expenses which will include their profit margin. As long as they can show the loss was directly related to the breach, was foreseeable and mitigation attempted. 

Aylesbury_Duck

DullGreyGuy said:

Aylesbury_Duck said:

In principle, they aren't allowed to "profit" from your cancellation, so if they can get another booking of equal or more value, they haven't lost out and should only retain a reasonable sum to cover their costs of being mucked around.

If they're unable to get a replacement booking of at least the same value, they can retain more.

What do you mean "profit"? 

Fully agree that if they resell the slot for the same amount or more then they can only retain the cost of sale plus reasonable administration expenses and not the whole lot as that would be undue enrichment. 

Slightly concerned by the use of profit though as if they are unable to resell they are entitled to be in the same financial position as if the contract hadn't been broken which does include any profit aspect. In principle it should be price originally agreed less any expenses saved by not having to perform plus cost of any reselling expenses which will include their profit margin. As long as they can show the loss was directly related to the breach, was foreseeable and mitigation attempted. 

Yes, I couldn't find the right word, hence putting "profit" in inverted commas.  You're quite right that they're entitled to make a profit from a booked slot, whether the booking goes ahead or is cancelled by the customer.  What I meant was that they aren't entitled to retain the whole sum if they replace the booking, i.e. they can't profit from the same slot twice.

user1977

JRSunflower said:

I didn't think it would not go ahead so did not take out cancellation insurance.  They certainly didn't offer any cancellation insurance.

I doubt insurance would cover a simple change of mind anyway.

Aylesbury_Duck

JRSunflower said:

Yes, its them and I was pushed to pay in full and not pay just the deposit and I didn't think it would not go ahead so did not take out cancellation insurance.  They certainly didn't offer any cancellation insurance.  I have also heard that the people I booked with are no longer the owners, this being due to some trading trouble and the singers not showing up at weddings booked and refusing to refund. But I have no way on knowing that for sure, unless someone knows how I can find that information out, and of course the guy I booked with is no longer with the company.  As I mentioned above I would be happy to pay them the deposit amount but I am now happy to be loosing the full amount of £1200.00.   

Most of that sounds like speculation, which is of no help to you.  

All you can do at this stage is check to see if they're able to replace your booking with another.  With three months' notice, that might be difficult in which case, as DullGreyGuy says, they're entitled to retain the whole sum less whatever expenses they save by not having to travel and perform.   

Interestingly, the terms of cancellation from their site say this:

Cancellation of this Contract shall be as follows;

• The deposit payment is non-refundable 14 days after the payment is made.
• All other payments made are non-refundable after 14 days of making them excluding within 30 days of your event.  That last part is strange.  If I'm reading it properly, it says that the non-refundable bit doesn't apply in the 30 days prior to the event.  So does that mean you could ask for a full refund in that period?  I'm sure that's not what they mean, but that's how it seems to be written.
• No refund shall be payable to the Client for any day upon which this engagement shall be suspended by reason of Royal Demise, National Mourning, Fire, Epidemic, War, Strikes, lockout or by reason of order of any Licensing or Public Authority.
• The Agent is bound to fulfil any contract, for any reason whatsoever the artiste does not perform on the event date, a full refund will be provided within 5 working days of the agreed date except for any of the reasons stated in cancellation terms 3 above.

The contract reflecting the terms and conditions as verbally agreed shall be deemed accepted only when either the contract is signed or returned.  Have you signed or returned the contract?

Aylesbury_Duck

user1977 said:

JRSunflower said:

I didn't think it would not go ahead so did not take out cancellation insurance.  They certainly didn't offer any cancellation insurance.

I doubt insurance would cover a simple change of mind anyway.

It seems to, in this case:

If you want to protect your booking deposit then you are able to do this with our protection policy. This means that if you need to cancel your booking with us, under any circumstances, you will receive a refund of the deposit paid with no questions asked. 

sheramber

Aylesbury_Duck said:

JRSunflower said:

Yes, its them and I was pushed to pay in full and not pay just the deposit and I didn't think it would not go ahead so did not take out cancellation insurance.  They certainly didn't offer any cancellation insurance.  I have also heard that the people I booked with are no longer the owners, this being due to some trading trouble and the singers not showing up at weddings booked and refusing to refund. But I have no way on knowing that for sure, unless someone knows how I can find that information out, and of course the guy I booked with is no longer with the company.  As I mentioned above I would be happy to pay them the deposit amount but I am now happy to be loosing the full amount of £1200.00.   

Most of that sounds like speculation, which is of no help to you.  

All you can do at this stage is check to see if they're able to replace your booking with another.  With three months' notice, that might be difficult in which case, as DullGreyGuy says, they're entitled to retain the whole sum less whatever expenses they save by not having to travel and perform.   

Interestingly, the terms of cancellation from their site say this:

Cancellation of this Contract shall be as follows;

• The deposit payment is non-refundable 14 days after the payment is made.
• All other payments made are non-refundable after 14 days of making them excluding within 30 days of your event.  That last part is strange.  If I'm reading it properly, it says that the non-refundable bit doesn't apply in the 30 days prior to the event.  So does that mean you could ask for a full refund in that period?  I'm sure that's not what they mean, but that's how it seems to be written.
• No refund shall be payable to the Client for any day upon which this engagement shall be suspended by reason of Royal Demise, National Mourning, Fire, Epidemic, War, Strikes, lockout or by reason of order of any Licensing or Public Authority.
• The Agent is bound to fulfil any contract, for any reason whatsoever the artiste does not perform on the event date, a full refund will be provided within 5 working days of the agreed date except for any of the reasons stated in cancellation terms 3 above.

The contract reflecting the terms and conditions as verbally agreed shall be deemed accepted only when either the contract is signed or returned.  Have you signed or returned the contract?

I read it  as payments before 30 days have a 14 day cooling off period , but from 30 days prior to the event there is no 14 day cooling off period.