Pamper party cancellation - client refusing to pay cancellation fee

[Icedancer]

Hello

Hope you can help with this one!

I've had a pamper party cancel with less than two weeks to go. I'd done a lot of work in advance for this pamper party, plus I was willing to travel out of my area for it and work later than my usual opening hours. It was booked in April.

On my website it states that any pamper party that's cancelled after it has been confirmed will be liable for a £20 cancellation fee. This is because of the large slots which they take up, as you know.

I've sent the lady an invoice for the cancellation charge, which is a fraction of what the party was worth, and she's replied with

"I am not liable to pay this fee and so will not be paying. It is illegal for you to threaten me with this cost without sending any formal confirmation and cancellation terms issued by yourself when booking.

Should you continue chasing me for this payment so unethically I will have to take legal action against your company"


I haven't threatened her, I simply mentioned it in the reply to the cancellation email from her, and then sent the invoice. I did send her confirmation that it was booked, which I have by email, but I don't know what to do. I don't see why I should be threatened like this, especially as the reason for cancellation was "we don't have time now"

Any advice? I've turned down work because of this booking, and the terms/conditions are on my website.

 

[profbeau]

I'm not sure there is anything you can do unfortunately.

I would suggest changing your t&c's, and look at taking a non-refundable deposit for all party bookings. I do this, it means that if a client does cancel, at least i am not out of pocket with regards to any goody bags etc I have had to pay out for.

 

[essentia]

I think you are entitled and if you want to pursue you should log a complaint with consumer direct. However a £20 deposit sounds very little in respect of the work that you have already put in and what you stand to lose. In future I would insist on a deposit at the time of booking but for a larger amount, more in keeping with the loss that may occur with cancellation. It is much harder to get money out of people after an event than before.

 

[sallyyummymummy]

We always take a 50% deposit to confirm a pamper party booking. We had a lady book in for 15 guests on Good Friday afternoon. Then never got in touch again, no deposit nothing. So we tried to get hold of her and couldn't so opened up our appointment book for an extra couple of hrs and closed early. We did have visions of 15 women turning up though!

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[Icedancer]

Is it illegal, as she's said, for me to ask for it? It's the first I've heard of that! I've only ever had one other cancel, and they insisted on paying a higher amount than this without me even asking.

I used to ask for full payment in advance a week before, but I've stopped that now as I thought it was a but rude. So it could be deposits are the way forward.

I think I'm just so hacked off I bent over backwards and now she's sending me emails like that.

 

[Lucy_Lu]

I would say chalk it up to experience and forget about getting that £20 from her. Take full payment upfront for future bookings and never ever bend over backwards for clients that you don't know - they nearly always turn out to have no respect for your time or business. However, this is a lesson I never seem to learn myself sorry this has happened to you xx

 

[libbylou]

No it is not illegal to charge a cancellation fee, but it is not enforceable.Chalk this one up as experience and start charging a non refundable deposit.

 

[MrsHBeauty]

We take a 50% deposit and if they cancel they can have a full refund if we have 4 weeks notice, a 75% refund with 3 weeks notice and a 50% refund with 2 weeks notice and a 25% deposit with 1 weeks notice and nothing is it is less than a week.

I have a terms and conditions which is given and signed and put on file and they get a copy along with a receipt and booking confirmation.


Jemima

 

[GirlyGeek]

If it is not enforceable then why is it allowed at all? Seems a bit shady for something to be legal but not enforceable ... kind of like we're just charging people for being too stupid too know the law?

(I don't think people are stupid for not knowing - I didn't know. I just mean that's what it smacks of to me)


As far as I am concerned your T&C are on your website, you sent her a confirmation notice and therefore she IS responsible for paying the £20. People like this customer really get my back up! Expect the world for nothing but as soon as the situation is not in their favour it's all about their RIGHTS and their FREEDOMS.

It's such a shame that you can't make her pay this! I normally would say let it go but it is her attitude that would irritate me and make me pursue her.



Sounds like non refundable deposits are the way forward.
Sorry this happened to you Glad I read this thread though - valuable lesson learnt!

 

[BannerPenguin]

non-refundable booking fees are the terms you want to use on all literature.

 

[xxHoneybeexx]

My payment terms and conditions Arron my booking form . They have to sign to say they agree to them . I then have them copied and pasted into my deposit invoice and the invoice for the final amount . I take copies of all paper work with me to the party incase there is any dispute x

 

[Icedancer]

If it is not enforceable then why is it allowed at all? Seems a bit shady for something to be legal but not enforceable ... kind of like we're just charging people for being too stupid too know the law?

(I don't think people are stupid for not knowing - I didn't know. I just mean that's what it smacks of to me)


As far as I am concerned your T&C are on your website, you sent her a confirmation notice and therefore she IS responsible for paying the £20. People like this customer really get my back up! Expect the world for nothing but as soon as the situation is not in their favour it's all about their RIGHTS and their FREEDOMS.

It's such a shame that you can't make her pay this! I normally would say let it go but it is her attitude that would irritate me and make me pursue her.



Sounds like non refundable deposits are the way forward.
Sorry this happened to you Glad I read this thread though - valuable lesson learnt!

This is exactly how I feel! I really don't want to let her get away with it because of her email. If she had ignored the invoice I'd have probably just let it go, but saying that what I'm doing is illegal is, in my opinion, really out of order.

What can I reply to her? I don't want to just not reply because then it's like she's scared me into silence, but the way I see it I've done nothing wrong. I have an email from her from April saying "yes I want to book, can I confirm start time nearer the time", which I agreed to. It had already changed from 7pm to 8pm.

 

[BannerPenguin]

This is exactly how I feel! I really don't want to let her get away with it because of her email. If she had ignored the invoice I'd have probably just let it go, but saying that what I'm doing is illegal is, in my opinion, really out of order.

What can I reply to her? I don't want to just not reply because then it's like she's scared me into silence, but the way I see it I've done nothing wrong. I have an email from her from April saying "yes I want to book, can I confirm start time nearer the time", which I agreed to. It had already changed from 7pm to 8pm.

If you're REALLY determined take it to the small claims court. Will cost ya at least £50.00 and be a pain in the backside with plenty of paperwork. Seriously just chalk it up to experience and take non-refundable booking fee's up front. I don't agree with 100% but take the £20.00 or what ever you want to take.

 

[virtues2011]

.. It would take more than £20 of my time to even think about it. ..

Seriously! ... £20.....!

Non refundable deposit is the way forward here with watertight terms and conditions which are signed by the client and £20 really isn't going to cut it either way. Make it worth doing for starters. You will get nowhere trying to pursue a value this miniscule. .. it's classed as timewasting, no one with any business acumen would entertain chasing £20.





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[Lilypie]

I personally wouldn't bother persuing her for the sake of £20. I think it would be more detrimental to your business than worthwhile.
I do think you should maybe consider taking a non refunable deposit per person for pamper parties in the future though

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[Lala12]

This is from Citizens' Advice about deposits,

'You should remember that the trader is entitled to compensation because you have broken the agreement for goods or carrying out a service so keeping part or all of the deposit might be reasonable if the trader has spent money based on your order.
If you change your mind and it seems reasonable for the trader to keep the deposit because they have already spent money based on your order then you do not have to pay any more than the amount of the deposit.
Deposits can be refunded if the trader has not kept their side of the agreement or if you and the trader agree beforehand that the deposit would be returned in particular circumstances.'

I know this info doesn't help you now, but maybe for the future.

I wouldn't bother chasing. Let it go.